Department of Economic Opportunity, Division of Community Development  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order No. DEO-17-009

    In re:A LAND DEVELOPMENT REGULATION

    ADOPTED BY CITY OF MARATHON

    ORDINANCE NO. 2016-06

    _______________________________________________

    FINAL ORDER

    REJECTING CITY OF MARATHON ORDINANCE NO. 2016-06

    The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, rejecting land development regulations adopted by the City of Marathon, Florida, Ordinance No. 2016-06 (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 June 14, 2016, and rendered to the Department on December 28, 2016.

    3. The Ordinance amends the City of Marathon Code of Ordinances, Appendix A (Land Development Regulations) Chapter 102, Article 23 by prohibiting the City to consider utility bills or rental agreements as the sole basis for determining the existence of building rights.

    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. Sections 380.05(6), and 380.0552(9), Florida Statutes.

    5. “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.

    6. The Ordinance is inconsistent with the City of Marathon Comprehensive Plan Policy 1-3.4.3 because the Policy permits the City to consider utility bills and rental agreements as a basis for determining building rights. See section 163.3177(1), Florida Statutes.

    7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. 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.

    8. The Ordinance is inconsistent with section 380.0552(7)(a), Florida Statutes, because it fails to “[strengthen] 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 City of Marathon Ordinance No. 2016-06 is inconsistent 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 REJECTED.

    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/

    Julie Dennis, 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. 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 27th day of February, 2017.

    /s/

    Agency Clerk

    Department of Economic Opportunity

    107 East Madison Street, MSC 110

    Tallahassee, FL 32399-4128

    By Certified U.S. Mail:

    The Honorable Dr. Dan Zieg, Mayor

    City of Marathon, City Council

    9805 Overseas Highway

    Marathon, FL 33050

     

    Diane Clavier, Clerk

    City of Marathon

    9805 Overseas Highway

    Marathon, FL 33050

     

    George Garrett, Director

    City of Marathon, Planning Department

    9805 Overseas Highway

    Marathon, FL 33050

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