DCA09-OR-071
In Re: A LAND DEVELOPMENT
REGULATION ADOPTED
BY ISLAMORADA, VILLAGE
OF ISLANDS
ORDINANCE NO. 09-01
________________________________________________/
FINAL ORDER
The Department of Community Affairs (the Department) hereby issues its Final Order, pursuant to §§ 380.05(6), Florida Statutes, and § 380.0552(9), Florida Statutes (2008), approving a land development regulation adopted by a local government within the Florida Keys Area of Critical State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and Islamorada, Village of Islands is a local government within the Florida Keys Area.
2. On January 28, 2009, the Department received for review Islamorada, Village of Islands Ordinance No. 09-01 (Ord. No. 09-01) adopted by the Village on January 22, 2009.
3. Ord. No. 09-01 amends Chapter 30 Land Development Regulations, Article II, Rules of Conservation and Definitions, Section 30-32 Specific Definitions; Article IV Divisions 2, 10 and 11, Development Review, Platting and Building Permit Allocation System; Article V, Schedule of District Use and Development Standards, Divisions 2, 3 and 7, Zoning Districts, Nonconformities and Off-Street Parking, Loading and Driveway Standards; Article VI, Specific Use Restrictions, Division 8, Outdoor Storage and Display; Article VII, Environmental Regulations, Division 2 Docks and Shoreline Uses; and Chapter 50, Streets, Sidewalks, and other Public Places to create Article IV, Abandonment of Rights-of-Way and Easements of the Village Code of Ordinances; and establishing Chapter 30, Article IV Administrative Procedures, Division 17 Working Waterfronts of the Village Code of Ordinances.
4. The purpose of Ord. No. 09-01 is to amend the Village Land Development Regulations to include strategies to encourage the preservation of recreational and commercial working waterfronts and public access.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations or portions thereof that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern. §§ 380.05(6), Florida Statutes, and § 380.0552(9), Florida Statutes (2008).
6. Islamorada, Village of Islands is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Florida Statutes (2008), and Rule 28-29.002 (superseding Chapter 27F-8), Florida Administrative Code.
7. Land development regulations include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Florida Statutes (2008). The regulations adopted by Ord. 09-01 are land development regulations.
8. All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the Principles) as set forth in § 380.0552(7), Florida Statutes (2008). See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), affd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions.
9. Ord. 09-01 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation.
(d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development.
(f) To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys.
(k) To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post-disaster reconstruction plan.
10. Ord. 09-01 is not inconsistent with the remaining Principles. Ord. 09-01 is consistent with the Principles for Guiding Development as a whole.
11. Ord. 09-01 is consistent with the Village Comprehensive Plan Objective 1-4.9: Preserve Working Waterfronts; Policy 1-4.9.1: Provide Regulatory Incentives; Policy 1-4.9.2: Implement Working Waterfronts Land Development Regulations; Policy 1-4.9.4: Ensure Public Access to the Waterfront; Objective 1-2.4: Recognize Mixed Use Development Patterns; and Policy 1-3.1.1: Establish a Building Permit Allocation System.
WHEREFORE, IT IS ORDERED that Ord. 09-01 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
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, REGARDING THE AGENCYS ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENTS ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN
THE PETITION MUST MEET THE FILING REQUIREMENTS IN SUBSECTION 28-106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE
YOU WAIVE THE RIGHT TO AN
/s/_______________________________
CHARLES GAUTHIER, AICP
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished to the persons listed below by the method indicated this _23rd___ day of March, 2009.
/s/_______________________
Paula Ford, Agency Clerk
By U.S. Mail:
Honorable Cathi Hill, Mayor
Islamorada, Village of Islands
Post Office Box 568
Islamorada, FL 33036
Beverly Raddatz, Village Clerk
Islamorada, Village of Islands
Post Office Box 568
Islamorada, FL 33036
Nina Boniske, Esq.
James White, Esq.
Weiss Serota Helfman Pastoriza
Guedes Cole & Boniske, P.A.
2525 Ponce De Leon Blvd., Suite 700
Coral Gables, Florida 33134-6045
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator
Richard E. Shine, Assistant General Counsel
