DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-18-068
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF MARATHON
ORDINANCE NO. 2018-05
______________________________________________
FINAL ORDER
APPROVING CITY OF MARATHON ORDINANCE NO. 2018-05
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsections 380.05(6) and 380.0552(9), Florida Statutes, approving land development regulations adopted by the City of Marathon, Florida, Ordinance No. 2018-05 (the “Ordinance”).
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 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 14, 2018, and rendered to the Department on November 5, 2018.
3. The Ordinance strikes Article 12, Floodplain Management, in Chapter 107 of the City of Marathon Code of Ordinances (the “Code”), and creates a new Article 12 intended to be administered and enforced in conjunction with the Florida Building Code and implement the National Flood Insurance Program.
4. The Ordinance amends Article 3, Defined Terms, in Chapter 110 of the Code to modify terms related to floodplain management, development, and public safety and nuisances.
5. The Ordinance amends Section 108.08, Nonconforming Structures, in Chapter 108 of the Code to reference the new Article 12 of the Code.
6. The Ordinance amends Sections 6-25, 6-26, 6-27, and 6-52 in Chapter 6 of the Code to adopt administrative and technical amendments to the Florida Building Code.
CONCLUSIONS OF LAW
7. 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), Fla. Stat.
8. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development regulations.
9. The Ordinance is consistent with the City of Marathon Comprehensive Plan, generally, as required by section 163.3177(1), Florida Statutes, and specifically Policy 4-1.3.3, Surface Water Management and Flood Damage Prevention, of the City of Marathon Comprehensive Plan.
10. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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), Fla. Stat. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in subsection 380.0552(7), Florida Statutes.
11. 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. 2018-05 is consistent with the City of Marathon Comprehensive Plan and 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/James D. Stansbury
James D. Stansbury, Chief
Bureau of Community Planning and GrowthDepartment 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. Mediation is not available.
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 12th day of December, 2018.
/s/Stephanie Webster
Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110
By U.S. Mail:
The Honorable Michelle Coldiron, Mayor, City of Marathon, City Council, 9805 Overseas Highway, Marathon, FL 33050
Diane Clavier, City Clerk, City of Marathon, City Clerk, 9805 Overseas Highway, Marathon, FL 33050
George Garrett, Planning Director, City of Marathon, Planning Department, 9805 Overseas Highway, Marathon, FL 33050
