Department of Economic Opportunity, Division of Community Development  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order No.: DEO-16-047

    In re:A LAND DEVELOPMENT REGULATION

    ADOPTED BY MONROE COUNTY, FLORIDA,

    ORDINANCE NO. 002-2016

    _______________________________________________

    FINAL ORDER

    APPROVING MONROE COUNTY ORDINANCE NO. 002-2016

    The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development regulations adopted by Monroe County, Florida, Ordinance No. 002-2016 (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. Monroe County is a local government within the Florida Keys Area.

    2. The Ordinance was adopted by Monroe County on January 20, 2016.

    3. The Ordinance was rendered to the Department on February 10, 2016.

    4. The Ordinance amends the Monroe County Tier Overlay District Maps to assign a Tier I (Natural Area) designation to Parcel #001120000-000000, and a Tier III (Infill Area) designation to Parcel #00111880-000210. Neither of these parcels previously had Tier designations.

    CONCLUSIONS OF LAW

    5. 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 (11), and section 380.0552(9), Florida Statutes.

    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. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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 consistent with the Principles for Guiding Development as a whole, and specifically furthers the following Principles in section 380.0552(7), Florida Statutes:

    (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) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat.

    (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat.

    (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.

    9. The Ordinance is consistent with the Monroe County Comprehensive Plan Goals 101 and 105, Objective 101.20, and Policy 105.2.1.

    WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 002-2016 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/___________________

    Taylor Teepell, 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 7th day of April, 2016.

    ____________/s/____________________

    Katie Zimmer, Agency Clerk

    Department of Economic Opportunity

    107 East Madison Street, MSC 110

    Tallahassee, FL 32399-4128

     

    By Certified U.S. Mail:

     

    The Honorable Heather Carruthers

    Mayor, Monroe County

    500 Whitehead Street

    Key West, FL 33040

     

    Amy Heavilin, Clerk

    Monroe County

    Board of County Commissioners

    500 Whitehead Street

    Key West, FL 33040

     

    Christine Hurley, Director

    Monroe County Growth Management Division

    2798 Overseas Highway, Suite 400

    Marathon, FL 33050

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