In re: A LAND DEVELOPMENT REGULATION ADOPTED
BY ISLAMORADA,
ORDINANCE NO. 11-14
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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 July 14, 2011, the Department received for review Islamorada, Village of Islands Ordinance No. 11-14 (“Ord. No. 11-14”) adopted by the Village on June 9, 2011.
3. Ord. No. 11-14 amends Chapter 30, Article IV Administrative Procedures, Division 11 Building Permit Allocation System of the Village Code. Ord. No. 11-14 amends the evaluation and award criteria for the Building Permit Allocation System based on infrastructure availability, level of service standards, environmental carrying capacity constraints, and hurricane evacuation clearance time. The revision to Section 30-476 include implementation criteria for the awarding of points and the number of points that can be awarded for wastewater connections under the Building Permit Allocation System.
CONCLUSIONS OF LAW
4. 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is required to approve or reject land development regulations or portions thereof that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern.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),
5. Islamorada,
6. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8),
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 All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the “Principles”) as set forth in § 380.0552(7), Florida Statutes (2010). See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (
8. Ord. 11-14 promotes and furthers 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 continuing the area of critical state concern designation.
(e) To limit the adverse impacts of development on the quality of water throughout the
(i) To protect and improve water quality by providing for construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems.
(j) To ensure the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of Sections 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.
(k) To limit the adverse impacts of public investments on the environmental resources of the
(n) To protect the public health, safety, and welfare of the citizens of the
9. Ord. 11-14 is not inconsistent with the remaining Principles. Ord. 11-14 is consistent with the Principles for Guiding Development as a whole.
10. Ord. 11-14 is consistent with the Village Comprehensive Plan Policy 1-3.1.1.
WHEREFORE, IT IS ORDERED that Ord. 11-14 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
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 AGENCY’S 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 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
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J. Thomas Beck, 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 1st day of August, 2011.
__________________________
Paula Ford, Agency Clerk
By
Honorable Michael Reckwerdt, 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.