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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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