DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-18-045
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF KEY WEST, FLORIDA,
ORDINANCE NO. 18-11
FINAL ORDER
APPROVING CITY OF KEY WEST ORDINANCE NO. 18-11
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. 18-11 (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 June 5, 2018, and rendered to the Department on July 5, 2018.
3. The Ordinance amends the City’s Land Development Regulations (“LDRs”) to amend sections 108-987, 108-994, 108-995, 108-997, and 108-998 of the City of Key West Code of Ordinances. The Ordinance modifies the City’s Building Permit Allocation System (BPAS) point system and eliminates future transient allocations. The Ordinance requires that all future allocations be permanent and combines the City’s two separate BPAS point systems into one system which applies to all applications for development of non-transient units. The Ordinance revises the BPAS point system to increase the number of points for affordable housing for projects exceeding the minimum required percentage of affordable housing units and for projects that provide extra affordable housing units at the low and median income classifications. The Ordinance reduces the number of points awarded for certain sustainable building criteria. The Ordinance reduces the minimum square footage of floor area required for an existing or proposed commercial development to obtain a density bonus. The Ordinance also removes language that the City will return all recovered units that are not allocated within the sequential award year to the Department and will instead revert back to the City for reallocation.
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 subsections 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. Subsection 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 subsection 163.3177(1), Florida Statutes, and specifically,
Policies 1-1.16.1 and 3-1.1.4.
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 Subsections 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 subsection 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; and
(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. 18-11 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 subsections 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 Section 120.569 and subsection 120.57(1), Florida statutes, or Section 120.569 and subsection 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 Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods indicated this 30th day of August, 2018.
/s/Stephanie Webster
Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-412
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
