Department of Economic Opportunity, Division of Community Development

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    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order No. DEO-16-233

    In re:A LAND DEVELOPMENT REGULATION

    ADOPTED BY ISLAMORADA, VILLAGE OF

    ISLANDS, FLORIDA, ORDINANCE NO. 16-19

    _______________________________________________

    FINAL ORDER

    APPROVING ISLAMORADA ORDINANCE NO. 16-19

    The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development regulations adopted by the Islamorada, Village of Islands, Florida, Ordinance No. 16-19 (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.  Islamorada, Village of Islands, is a local government within the Florida Keys Area.

    2. The Ordinance was adopted by Islamorada, Village of Islands, on October 13, 2016, and rendered to the Department on November 14, 2016.

    3. The Ordinance amends the Islamorada, Village of Islands, Code of Ordinances to reduce the annual allocation of nonresidential floor area in the Village.

    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 sections 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. See section 380.0552, Fla. Stat.

    6. “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.

    7. The Ordinance is consistent with the Islamorada, Village of Islands, Comprehensive Plan generally, and specifically Goal 1-3, Objective 1-3.1, Policy 1-3.1.1, as required by section 163.3177(1), Florida Statutes.

    8. All land development regulations enacted, amended, or rescinded within an area of critical state concern must also be consistent with the principles for guiding development for that area.  See sections 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 section 380.0552(7), Florida Statutes.

    9. The Ordinance is consistent with the Principles for Guiding Development, as a whole, and is specifically consistent with section 380.0552(7)(a), Florida Statutes, “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.”

    WHEREFORE, IT IS ORDERED that the Department finds that the Islamorada, Village of Islands Ordinance No. 16-19 is consistent with the Islamorada, Village of Islands, 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/

    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 13th day of December, 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 Deb Gillis, 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

    86800 Overseas Highway

    Islamorada, FL 33036

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