Department of Economic Opportunity, Division of Community Development

 

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development

DEO Final Order No. DEO-20-004

In re:AMENDMENT TO THE ISLAMORADA, VILLAGE

OF ISLANDS, FLORIDA, LAND DEVELOPMENT

REGULATIONS ADOPTED BY ORDINANCE NO. 19-18

______________________________________________________

FINAL ORDER

APPROVING ISLAMORADA, VILLAGE OF ISLANDS

ORDINANCE NO. 19-18

The Florida Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 380.05(6), Florida Statutes, approving land development regulations adopted by Islamorada, Village of Islands, Florida (“Village”) by Ordinance No. 19-18 (“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 Village is a local government within the Florida Keys Area.

2.                  The Ordinance was adopted by the Village on August 29, 2019, and rendered to the Department on September 30, 2019.

3.                  The Ordinance amends Chapter 30, Article II of the Village Code to create Division 11, Section 30-930 to provide guidelines for allowable setback encroachments and also amends Section 30-32 to add new definitions and modify existing definitions related to setback encroachments.

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. § 380.05(6), Fla. Stat.

5.                  “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. 

6.                  The Ordinance is consistent with the Village’s Comprehensive Plan generally, as required by subsection 163.3177(1), Florida Statutes, and specifically, Policy 1-1.2.1 and Policy 1-4.2.1.

7.                  All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent and in compliance with the principles for guiding development for that area.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), Fla. Stat. The Principles for Guiding Development for the Village are set forth in section 380.0552(7), Florida Statutes.

8.                  The Ordinance is consistent with the Principles for Guiding Development for the Village as a whole, and specifically furthers 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.

(d)                  Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development.

(f)                    Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys.

WHEREFORE, IT IS ORDERED that the Department finds that Ordinance No. 19-18 is consistent with the Village’s Comprehensive Plan and Principles for Guiding Development for the Village 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, BY FILING A PETITION.

A petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of the date of Filing of the final order as indicated on the certificate of service. 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 [phone], [e-mail].

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 date of the filing of the final order.

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 sections 120.569 and 120.57(1), Florida statutes, or Section 120.569 and subsection 120.57(2), Florida statutes.

Pursuant to section 120.573, florida statutes, and chapter 28, part iv, florida administrative code, YOU ARE NOTIFIED THAT mediation is not available.

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 February 2020.

/s/Janay Lovett, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL  32399-4128

By U.S. Mail:

Deb Gillis, Mayor, Islamorada, Village of Islands, 86800 Overseas Highway, Islamorada, FL 33036

Kelly S. Toth, Village Clerk, Islamorada, Village of Islands, 86800 Overseas Highway, Islamorada, FL 33036

Ty Harris, Director of Planning, Planning and Development Services, 86800 Overseas Highway, Islamorada, FL 33036