DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-18-065
In re:AMENDMENT TO THE CITY OF KEY WEST, FLORIDA,
LAND DEVELOPMENT REGULATIONS
ADOPTED BY CITY OF KEY WEST, FLORIDA,
ORDINANCE NO. 18-16
____________________________________________
FINAL ORDER
APPROVING CITY OF KEY WEST ORDINANCE NO. 18-16
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 380.05(6) and paragraph380.0552(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. 18-16 (“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 August 8, 2018, and rendered to the Department on September 10, 2018.
3. The Appelrouth Business Corridor is generally described as the properties adjacent to Appelrouth Lane within the Historic Residential/Office (“HRO”) Zoning District including the parcel located on the northern corner of Whitehead Street and Southard Street and excluding the parcel located on the southeastern corner of Whitehead Street and Appelrouth Lane.
4. Properties in the Appelrouth Business Corridor have existing uses that are nonconforming in the HRO Zoning District.
5. The Ordinance amends section 122-926 of the City of Key West Code of Ordinances (“Code”) to allow low-med intensity retail, transient residential, restaurants, and small recreational power-driven equipment rentals along the Appelrouth Business Corridor within the HRO Zoning District.
6. The Ordinance amends section 122-927 of the Code to allow for the following permitted uses within the Appelrouth Business Corridor: commercial retail low and medium intensity less than or equal to 5,000 square feet; commercial retail high intensity less than or equal to 2,500 square feet; hotels, motels, and transient lodging; and restaurants (excluding drive-through).
7. The Ordinance amends section 122-928 of the Code to allow for the following conditional uses within the Appelrouth Business Corridor: commercial low and medium intensity greater than 5,000 square feet, commercial retail high intensity greater than 2,500 square feet, and small recreational power-driven equipment rentals.
CONCLUSIONS OF LAW
8. 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.
9. “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.
10. The Ordinance is consistent with the City’s Comprehensive Plan generally, as required by subsection 163.3177(1), Florida Statutes, and specifically,
Table 1-1.1.5, High Commercial Future Land Use District, which allows non-residential uses, existing grandfathered transient residential uses, new transient uses as stated in the City’s LDRs, and customary accessory uses.
11. 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.
12. 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;
(e) Protection of the historical heritage of Key West and the Key West Historical Preservation District;
(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. 18-16 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, Bureau 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 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 December, 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 Teri Johnston, 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
