Department of Economic Opportunity, Division of Community Development

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

DEO Final Order No. DEO-20-025

In re:AMENDMENT TO THE CITY OF KEY WEST, FLORIDA,

LAND DEVELOPMENT REGULATIONS

ADOPTED BY CITY OF KEY WEST, FLORIDA,

ORDINANCE NO. 19-34

_______________________________________________

FINAL ORDER

APPROVING CITY OF KEY WEST ORDINANCE NO. 19-34

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. 19-34 (“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 October 23, 2019, and received by the Department on April 3, 2020.

3.                  The Ordinance amends Chapter 122 of the City of Key West Code of Ordinances to establish a new maximum allowable density of forty dwelling units per acre in the Historical Residential Commercial Core – 2 Key West Bight Zoning District (HRCC-2) when all units within the development are deed restricted by the owner/developer as work force affordable residential units. The Ordinance also amends the maximum lot coverage within HRCC-2 to increase the maximum allowable impervious surface from 60% to 70% while maintaining the 50% maximum building coverage.

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. § 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 subsection 163.3177(1), Florida Statutes, and specifically, with Table 1-1.1.5.

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                  LDRs enacted, amended, or rescinded within an area of critical state concern must be consistent and in compliance with the principles for guiding development for that area.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)(a) Strengthen local government capabilities for managing land use and development.

WHEREFORE, IT IS ORDERED that the Department finds that Ordinance No. 19-34 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, BY FILING A PETITION.

A petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of 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 [phone], [e-mail].

You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE rEGISTER.

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 and subsection 120.57(1), Florida statutes, or Section 120.569 and subsection 120.57(2), Florida statutes.

Pursuant to section 120.573, florida statutes, and chapter 28, part iv, florida administrative code, YOU ARE NOTIFIED THAT mediation is not available.

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 4th day of June 2020.

/s/Janay Lovett, 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, City of Key West Planning Department, P.O. Box 1409, Key West, Florida 33041-1409