STATE OF
DEPARTMENT OF COMMUNITY AFFAIRS
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY
ISLANDS ORDINANCE NO. 07-11
______________________________________________/
AMENDED FINAL ORDER
The Department of Community Affairs (the Department) hereby issues its Final Order, pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2006), rejecting 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,
2. On May 22, 2007, the Department received for review Islamorada, Village of Islands Ordinance No. 07-11 (Ord. No. 07-11) adopted by the Village on May 10, 2007.
3. The purpose of the Ordinance is to amend Section 30-32, Specific Definitions of the Village Code with respect to the definition of a room, hotel, or motel; and further amending Article V Schedule of District Use and Development Standards, Division VII Off-Street Parking, Loading and Driveway Standards, Section 30-852 Off-Street Parking of the Village Code, and Modifying the Parking Requirements of Hotel or Motel Rooms.
4. The existing definition of a room, hotel or motel is found in Section 30-32 and means a unit in a public lodging establishment as defined by F.S. § 509.013(4)(a) intended for transient lodging only for periods not exceeding 30 days. Transient occupancy shall conform to the definition contained in F.S. § 509.103(8) as to transient occupancy. For the purpose of density restriction under this chapter:
(1) Hotel or motel rooms may be a single room or a suite and may include a kitchen but no more than 1 1/2 bathrooms;
(2) All entrances to a hotel or motel room shall share the same key or means of controlling access so that the hotel or motel room as defined herein is not divisible into separately rentable units; and
(3) Suites containing more than one bedroom and 1 1/2 baths may be constructed; however, each bedroom/full bath combination shall be considered a hotel/motel unit.
5. The proposed amendment is changing the definition of a hotel/motel room from a unit defined as each bedroom/full bath combination to a unit that can be up to two (2), or three (3) bedrooms, with up to two (2) full bathrooms and one-half bathroom with one (1) kitchen, and one (1) additional living area (excluding bedrooms), not exceeding 2,000 square feet of habitable floor area, provided that the average habitable floor area of all hotel or motel units on the property does not exceed 1,500 square feet.
6. Data and analysis has not been provided to evaluate the net change in maximum potential development for the approximate 1,400 existing hotel and motel units within the Village, the net potential change of density and intensity, the potential impacts to hurricane evacuation as well as potential impacts on potable water supply or the potential impacts to affordable housing/work force housing from the proposed redevelopment of hotels and motels within the Village.
7. The proposed amendment is contrary to the Village Comprehensive Plan Policy 1-2.1.10 Restrict Development of New Transient Units which states that Islamorada,
8. The proposed amendment increases the number of required parking spaces from 1 space per room up to 1.2 spaces for two bedroom units and 1.5 spaces for three bedroom hotel/motel units to accommodate additional vehicles staying at the redeveloped hotel/motel units with an average habitable floor area of 1,500 square feet. The increase in size of the redeveloped hotel and motel units along with the increased required number of parking spaces necessary to accommodate additional vehicles may negatively impact hurricane evacuation clearance times.
CONCLUSIONS OF LAW
9. 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),
10. Islamorada,
11. Land development regulations include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8),
12. 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), Fla. Stat. (2006). 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.
13. Ord. 07-11 is inconsistent with 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
(j) To make available adequate affordable housing for all sectors of the population of the
(l) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the
14. Ordinance 07-11 is neutral in effect on the remaining Principles.
15. Ordinance 07-11 has not demonstrated consistency with the following provisions of the Islamorada,
Policy 1-2.1.10: Restrict Development of New Transient Units, Islamorada shall cap the number of new transient units at the number of current and vested hotel and motel rooms, campground and recreational vehicle spaces existing within the Village as of December 6, 2001.
Policy 2-1.6.3: Adopt a 24 Hour Hurricane Evacuation Time for the
Policy 3-1.1.8: Mandate Provision of Employee Housing for developers of new or expanded businesses.
Policy 1-2.2.4: Uses that are Non-Conforming Due to Density if legally permitted may be redeveloped to the same density. The Director of Community Planning and Development Services may consider a reduction of any of the applicable regulations upon a finding that the reduction is consistent with the Village Comprehensive Plan.
Policy 1-2.2.6: Enlargement or Extension to Non-Conforming Structures, if any of the existing hotel/motel rooms are non-conforming structures, they may not be expanded or redeveloped with improvements that constitute a substantial improvement.
WHEREFORE, IT IS ORDERED that Ord. 07-11 is found to be inconsistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby REJECTED.
This Order becomes effective 21 days after publication in the F.A.W. unless a petition is filed as described below.
DONE AND ORDERED in
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
IF YOU DESIRE EITHER AN
THE PETITION MUST MEET THE FILING REQUIREMENTS IN SUBSECTION 28-106.104(2),
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE
YOU WAIVE THE RIGHT TO AN
________________________________
CHARLES GAUTHIER, AICP
Director, Division of Community Planning
Department of Community Affairs
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 14th day of August, 2007.
______________________________
Paula Ford, Agency Clerk
By
Honorable Dave Boerner, Mayor
Islamorada,
Post Office Box 568
Beverly Raddatz, Village Clerk
Islamorada,
Post Office Box 568
Nina Boniske, Esq.
James White, Esq.
Weiss Serota Helfman Pastoriza
Guedes Cole & Boniske, P.A.
