DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-19-004
In re:AMENDMENT TO THE CITY OF KEY WEST, FLORIDA,
LAND DEVELOPMENT REGULATIONS
ADOPTED BY CITY OF KEY WEST, FLORIDA,
ORDINANCE NO. 19-01
_______________________________________________
FINAL ORDER
APPROVING CITY OF KEY WEST ORDINANCE NO. 19-01
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 380.05(6), Florida Statutes, approving the requested changes to land development regulations (“LDRs”) adopted by the City of Key West, Florida (“City”) by Ordinance No. 19-01 (“Ordinance”).
FINDINGS OF FACT
1. The City is designated as an area of critical state concern by Rule 28-36.002, Florida Administrative Code.
2. The Ordinance was adopted by the City on January 2, 2019, and rendered to the Department on February 4, 2019.
3. The Ordinance creates section 110-261 of the City of Key West Code of Ordinances (“Code”) to create a Heritage Tree Program and allow the City of Key West Tree Commission to review applications to determine if specific identified trees within the City are “heritage” trees. Heritage Trees shall enjoy the same protections as Specially Protected Trees pursuant to section 110-253 of the Code. Designation as a Heritage Tree is an appealable determination as set forth in section 110-337 of the Code.
CONCLUSIONS OF LAW
4. 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. § 380.05(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 City’s Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically,
Policy 1-1.5.1, Reinforce and Enhance the City’s Community Appearance.
7. LDRs enacted, amended, or rescinded within an area of critical state concern must be consistent and in compliance with the principles for guiding development for that area.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), Fla. Stat. The Principles for Guiding Development for the City are set forth in Rule 28-36.003, Florida Administrative Code.
8. 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:
(1)(d) Protection of scenic resources of the City of Key West and promotion of the management of unique, tropical vegetation;
(1)(e) Protection of the historical heritage of Key West and the Key West Historical Preservation District; and
(2)(b)2. Limitation of the size and species of trees allowed to be removed in clearing, including reasonable exceptions for structure sites and public safety. The ordinance shall provide protection for native tropical vegetation and tree species characteristic of West Indian tropical hardwood hammocks.
WHEREFORE, IT IS ORDERED that the Department finds that Ordinance No. 19-01 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
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, subsection 120.57(1), Section 120.569, or subsection 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 15th day of March 2019.
/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
In re:AMENDMENT TO THE CITY OF KEY WEST, FLORIDA,
LAND DEVELOPMENT REGULATIONS
ADOPTED BY CITY OF KEY WEST, FLORIDA,
ORDINANCE NO. 19-01
_______________________________________________
FINAL ORDER
APPROVING CITY OF KEY WEST ORDINANCE NO. 19-01
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to sections 380.05(6), Florida Statutes, approving the requested changes to land development regulations (“LDRs”) adopted by the City of Key West, Florida (“City”) by Ordinance No. 19-01 (“Ordinance”).
FINDINGS OF FACT
1. The City is designated as an area of critical state concern by Rule 28-36.002, Florida Administrative Code.
2. The Ordinance was adopted by the City on January 2, 2019, and rendered to the Department on February 4, 2019.
3. The Ordinance creates section 110-261 of the City of Key West Code of Ordinances (“Code”) to create a Heritage Tree Program and allow the City of Key West Tree Commission to review applications to determine if specific identified trees within the City are “heritage” trees. Heritage Trees shall enjoy the same protections as Specially Protected Trees pursuant to section 110-253 of the Code. Designation as a Heritage Tree is an appealable determination as set forth in section 110-337 of the Code.
CONCLUSIONS OF LAW
4. 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. § 380.05(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 City’s Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically,
Policy 1-1.5.1, Reinforce and Enhance the City’s Community Appearance.
7. 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), Fla. Stat. The Principles for Guiding Development for the City are set forth in Rule 28-36.003, Florida Administrative Code.
8. 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:
(1)(d) Protection of scenic resources of the City of Key West and promotion of the management of unique, tropical vegetation;
(1)(e) Protection of the historical heritage of Key West and the Key West Historical Preservation District; and
(2)(b)2. Limitation of the size and species of trees allowed to be removed in clearing, including reasonable exceptions for structure sites and public safety. The ordinance shall provide protection for native tropical vegetation and tree species characteristic of West Indian tropical hardwood hammocks.
WHEREFORE, IT IS ORDERED that the Department finds that Ordinance No. 19-01 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 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 15th day of March 2019.
/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
