DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
DEO Final Order No. DEO-18-039
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF KEY WEST, FLORIDA,
ORDINANCE NO. 18-07
_______________________________________________
FINAL ORDER
APPROVING CITY OF KEY WEST ORDINANCE NO. 18-07
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to section 380.05(6), Florida Statutes, approving land development regulations adopted by the City of Key West, Florida (“the City”), Ordinance No. 18-07 (the “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 April 3, 2018, and rendered to the Department on May 9, 2018.
3. The Ordinance amends the City’s Land Development Regulations (“LDRs”) to amend sections 108-680, 108-681, and 108-683 of the City of Key West Code of Ordinances to regulate recreational and camping vehicles within the single family residential (SFR) and medium family residential (MFR) zoning districts. The Ordinance requires recreational and camping vehicles within the SFR and MFR zoning districts to be parked either within the rear yard or within the side yard if 50% of the length of the recreational vehicle is located behind the front structure line of the main dwelling. The Ordinance also expands an exception to the SFR and MFR zoning districts to permit recreation vehicles on residential premises for a period not to exceed 24 hours during active loading and unloading.
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), (11), and 380.0552(9), Florida Statutes; See also Chapter 28-36, Florida Administrative Code.
5. “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.
6. The Ordinance is consistent with the City’s Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically,
Policy 1-1.9.2.
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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. 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 rule 28-36.003(1), Florida Administrative Code.
8. The Ordinance is consistent with the Principles for Guiding Development as a whole, and specifically furthers the following:
(d)Protection of scenic resources of the city of Key West and promotion of the management of unique, tropical vegetation;
(e)Protection of the historical heritage of Key West and the Key West Historical Preservation District;
(h)Protection of the public health, safety, welfare and economy of the City of Key West, and the maintenance of Key West as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that City Ordinance No. 18-07 is consistent with the City’s Comprehensive Plan and Principles for Guiding Development for the City of Key West 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/
_
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 8th day of June, 2018.
/s/
_
Shanedra Y. Barnes
Deputy Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Craig Cates
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 and Environmental Resources
City of Key West
P.O. Box 1409
Key West, Florida 33041-1409
