DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-17-006
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY ISLAMORADA, VILLAGE OF
ISLANDS, FLORIDA, ORDINANCE NO. 16-21
_______________________________________________
FINAL ORDER
REJECTING ISLAMORADA ORDINANCE NO. 16-21
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 Islamorada, Village of Islands, Florida, Ordinance No. 16-21 (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. Islamorada, Village of Islands, is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Islamorada, Village of Islands, on December 1, 2016, and rendered to the Department on January 4, 2017.
3. The Ordinance amends the Islamorada, Village of Islands, Code of Ordinances to allow for attached and detached affordable housing in the Residential Single Family (R1) and (R1M) zoning districts.
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. See sections 380.05(6) and 380.0552(9), Florida Statutes.
5. Islamorada, Village of Islands, is a local government within the Florida Keys Area of Critical State Concern. See section 380.0552, Fla. Stat.
6. “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.
7. The Ordinance is inconsistent with the Islamorada, Village of Islands, Comprehensive Plan Policy 1-2.3.3. See section 163.3177(1), Florida Statutes.
8. All land development regulations enacted, amended, or rescinded within an area of critical state concern must also be consistent with the principles for guiding development for that area. See 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.
9. 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 Islamorada, Village of Islands, Ordinance No. 16-21 is inconsistent with the Islamorada, Village of Islands, 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 3rd day of March, 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 Jim Mooney, Mayor
Islamorada, Village of Islands Council
86800 Overseas Highway
Islamorada, FL 33036
Kelly Toth, Clerk
Islamorada, Village of Islands
86800 Overseas Highway
Islamorada, FL 33036
Cheryl Cioffari
Director of Planning
86800 Overseas Highway
Islamorada, FL 33036
