Department of Economic Opportunity, Division of Community Development  

  •  

    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order No. DEO-17-132

    In re:A LAND DEVELOPMENT REGULATION

    ADOPTED BY CITY OF KEY WEST, FLORIDA,

    ORDINANCE NO. 17-2

    _______________________________________________

    FINAL ORDER

    APPROVING CITY OF KEY WEST ORDINANCE NO. 17-2

    The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to section 380.05(6), Florida Statutes, and rule 28-36.002, Florida Administrative Code, approving land development regulations adopted by the City of Key West, Florida (“the City”), Ordinance No. 17-2 (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 May 2, 2017, and rendered to the Department on June 2, 2017.

    3. The Ordinance amends the City’s Land Development Regulations (“LDRs”) to add a provision which requires that any application for a lawful unit determination received after May 2, 2017, must also establish that the unit is legally permissible under the zoning requirements of the district in which the unit is located.

    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 Section 380.05(6), Florida Statutes; See also rule 28-36.002, 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, Objective 1-1.16 and Policy 1-1.16.1.

    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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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 section 380.05(6), 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:

    (a) Strengthen local government capabilities for managing land use and development;

    (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. 17-2 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 12th day of July, 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 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

     

Document Information