DCA Final Order No.: DCA11-OR-147
In re:
DEVELOPMENT REGULATIONS
ADOPTED BY
ORDINANCE NO. 006-2011
_______________________________________________/
FINAL ORDER
The Department of Community Affairs (the “Department”) hereby issues its Final Order, pursuant to §§380.05(6), Florida Statutes, and § 380.0552(9), Florida Statutes (2010), approving 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
2. On
3. The purpose of Ord. No. 006-2011 is to assign Tier Overlay District Designations for approximately one hundred-ten parcels determined to have no Tier on the Tier Overlay District Map for Monroe County in accord with the Amended Final Order DCA 07-GM-166A issued in DOAH Case No. 06-2449GM.
4. Ord. 006-2011 assigns a tier designation for approximately one hundred-ten individual parcels, identified by Real Estate Number, which were previously tierless as a result of Amended Final Order DCA 07-GM-166A. The one hundred-ten parcels have been the subject of award of an allocation in the Rate of Growth system which includes criteria for Tier I, Tier III, and Tier IIIA properties, or have been issued building permits.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern. § 380.05(6),
6.
7. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8),
8. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the “Principles”) as set forth in § 380.0552(7), Florida Statutes. See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (
9. Ord. 006-2011 promotes and furthers the following Principles:
(b) To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife and their habitat.
(c) To protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat.
(e) To limit the adverse impacts of development on the quality of water throughout the
(f) To enhance natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the
(j) To ensure the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of §§381.0065(4)(l) and 403.086(10), Florida Statutes, as applicable, and by directing growth to areas served by central wastewater treatment facilities through permit allocation systems.
(n) To protect the public health, safety, and welfare of the citizens of the
10. Ord. 006-2011 is consistent with the Principles for Guiding Development as a whole.
11. Ord. 006-2011 furthers Monroe County Comprehensive Plan Policy 105.2.1 and Policy 105.2.2.
WHEREFORE, IT IS ORDERED that Ord. 006-2011 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below.
DONE AND ORDERED in
________________________________
J. Thomas Beck, AICP
Director, Division of Community Planning
Department of Community Affairs
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT’S 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
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 persons listed below by the method indicated this 27th day of July, 2011.
_________________________
Paula Ford, Agency Clerk
By
Honorable Heather Carruthers
Mayor of
2798 Overseas Highway,
Danny L. Kolhage
Clerk to the Board of
Christine Hurley
Growth Management Director
2798 Overseas Highway,