Department of Economic Opportunity, Division of Community Development  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order No. DEO-18-050

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

    LAND DEVELOPMENT REGULATIONS

    ADOPTED BY CITY OF KEY WEST, FLORIDA,

    ORDINANCE NO. 18-13

    FINAL ORDER

    APPROVING CITY OF KEY WEST ORDINANCE NO. 18-13

    The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsections 380.05(6) and 380.0552(9)(a), Florida Statutes, approving the requested changes to land development regulations (“LDRs”) adopted by the City of Key West, Florida (“City”) by Ordinance No. 18-13 (“Ordinance”).

    FINDINGS OF FACT

    1. The City is designated within an area of critical state concern. See § 380.0552, Fla. Stat., and r. 28-36.002, Fla. Admin. Code. 

    2. The Ordinance was adopted by the City on July 3, 2018, and rendered to the Department on August 7, 2018.

    3. The Ordinance amends sections 86-9 and 122-1466 of the City of Key West Code of Ordinances to reduce the percentage of the amount of rent which represents a percentage of monthly income for Monroe County for low, median, middle, and moderate incomes for affordable housing from not to exceed 30 percent to not to exceed 25 percent.

    4. Policy 3-1.1.7 of the City’s Comprehensive Plan sets forth the criteria required for dwelling units to qualify as affordable housing in the City. To qualify as affordable housing under Policy 3-1.1.7 dwelling units must have rental rates, including sewer and solid waste charges, which are less than or equal to 30 percent of median household income in Key West.

    CONCLUSIONS OF LAW

    5. Any LDR for the City may be amended by the City, but the amendment becomes effective only upon approval by the Department within 60 days after receipt. § 380.0552(9), Fla. Stat.

    6. “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. 

    7. The Ordinance is consistent with the City’s Comprehensive Plan generally, as required by subsection 163.3177(1), Florida Statutes, and specifically,

    Policy 3-1.1.7, Affordable Housing Dwelling Unit Eligibility Requirements.

    8. LDRs enacted, amended, or rescinded within an area of critical state concern must be consistent and in compliance with the principles for guiding development for that area.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) and 380.0552(9)(a), Fla. Stat. The Principles for Guiding Development for the City are set forth in rule 28-36.003, Florida Administrative Code.

    9. 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:

    (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 Ordinance No. 18-13 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, 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 designated Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods indicated this 13th day of September, 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 Department

    City of Key West

    P.O. Box 1409

    Key West, Florida 33041-1409

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