DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No.: DEO-15-035
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 002-2015
_______________________________________________
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 002-2015
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and 380.0552(9), Florida Statutes, approving land development regulations adopted by Monroe County, Florida, Ordinance No. 002-2015 (the “Ordinance”).
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on January 21, 2015, and rendered to the Department on January 27, 2015.
3. The Ordinance amends the Monroe County Land Development Code by modifying Chapter 118 (Environmental Protection), and Section 118-10(4)c.; to allow the implementation of canal restoration projects by public entities. Such projects include the removal of organic matter of previously dredged artificial canals characterized as having poor or fair water quality to depths greater than minus six feet mean low water. These specific sections were revised to provide for severability and the repeal of conflicting provisions.
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) and 380.0552(9), Florida Statutes.
5. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Florida Statutes. The regulations adopted by the Ordinance are land development regulations.
6. “Land” means the earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land. § 380.031(7), 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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. §§ 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 § 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Monroe County Comprehensive Plan generally, and specifically with Goal 202, Objective 202.1, Policy 202.1.1, Policy 202.1.5, and Policy 210.1.7.
9. The Ordinance is consistent with the Principles for Guiding Development in § 380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the following Principle:
(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.
(b)Establish a land use management system that conserves and promotes the community character of the Florida Keys.
(e)Establish a land use management system that promotes and supports a diverse and sound economic base.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 002-2015 is consistent with 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/__________________
William B. Killingsworth, 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 10th day of March, 2015.
___________/s/_____________________
Katie Zimmer, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By Certified 011-U.S. Mail:
Danny Kolhage, Mayor
Monroe County Board of County Commissioners
530 Whitehead Street, Suite 102
Key West, FL 33040
Townsley Schwab, Director
Planning and Environmental Resources
Monroe County, Florida
2798 Overseas Highway
Marathon, FL 33050
Amy Heavilin, Clerk
Monroe County, FL
500 Whitehead St.
Key West, FL 33040
