DCA Final Order No.: DCA06-OR-007
STATE OF
DEPARTMENT OF COMMUNITY AFFAIRS
In re: CITY OF
AMENDMENT ADOPTED BY
CITY OF
NO. 2005-22
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FINAL ORDER
The Department of Community Affairs (the Department) hereby issues its Final Order, pursuant to §§ 163.3187(1)(c), 380.05(6) and (11), Fla. Stat., (2005), approving a small scale plan amendment and land development regulations adopted by a local government within the Florida Keys Area of Critical State Concern as set forth below.
FINDINGS OF FACT
1. The City of
2. On December 23, 2005, the Department received for review City of Marathon Ordinance No. 2005-22, which was adopted by the City of Marathon City Commission on December 13, 2005 (Ord. 2005-22"). Ord. 2005-22 authorizes a small scale comprehensive plan amendment for the purposes of affordable housing as provided under section 163.3187(1)(c)1.e.,
3. Ord. 2005-22 authorizes a Future Land Use Map Amendment from Mixed Use Commercial to Residential High for property located along
4. Ord. 2005-22 is consistent with the Citys Comprehensive Plan.
CONCLUSIONS OF LAW
6. The Department is required to approve or reject small scale plan amendments which involve the construction of affordable housing units and land development regulations that are adopted by any local government in an area of critical state concern based upon consistency with the Principles for Guiding Development applicable to Areas of Critical State Concern. 163.3187(1)(c)1.e.,
7. The City of
8. Local comprehensive plan means any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as amended. § 380.031(10),
9. Land development regulations include local zoning, subdivision, building and other regulations controlling the development of land. § 380.031(8),
10. All small scale amendments to the local comprehensive plan adopted within an area of critical state concern and all land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the principles for guiding development for the particular area (the Principles). § 380.05(6), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (
11. Ord. 2005-22 promotes and furthers the following Principles in Rule 28-36.003(1):
(a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation.
(j) To make available adequate affordable housing for all sectors of the population of the
(l) To protect the public health, safety, and welfare of the citizens of the
12. Ord. 2005-22 is not inconsistent with the remaining Principles. Ord. 2005-22 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 2005-22 is found to be consistent with the Principles for Guiding Development of the City of Marathon Are of Critical State Concern, and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below.
DONE AND ORDERED in
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VALERIE J. HUBBARD, Director Division of Community Planning
Department of Community Affairs
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, REGARDING THE AGENCYS ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENTS ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2)
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL,
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-106.104(2),
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402,
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
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 persons listed below by the method indicated this 8th day of January, 2006.
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Paula Ford, Agency Clerk
By
Honorable John Bartus, Mayor
City of
10054-55 Overseas Highway
Cindy Ecklund, City Clerk
City of
10045-55 Overseas Highway
Mike Puto
City Manager
City of
10054-55 Overseas Highway
John Herin, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
