DCA Final Order No.: DCA06-OR-298
STATE OF
DEPARTMENT OF COMMUNITY AFFAIRS
In re: ISLAMORADA,
A LAND DEVELOPMENT REGULATION
ADOPTED BY ORDINANCE NO. 06-20
_______________________________________/
IMMEDIATE FINAL ORDER
The Department of Community Affairs (the “Department”) hereby issues this Immediate Final Order, pursuant to §120.569(2)(n), §380.05(6), and §380.0552(9), Fla. Stat. (2006), 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 Florida Keys Area is a statutorily designated area of critical state concern and Islamorada,
2. On November 17, 2006, the Department received for review Village Ordinance No. 06-20, adopted by the Village Council on November 6, 2006 (“Ord. 06-20”).
3. The purpose of Ord. 06-20 is to amend Ordinance Nos. 04-10, 05-19, and 06-04; extending the moratorium on the acceptance of development applications for the redevelopment of mobile home parks within the Village. Extending the moratorium will allow adequate time for Village Staff to continue the process of adopting new regulations that will provide guidelines for the redevelopment and development of mobile home parks. Ord. 06-20 is a temporary measure; Section 2 provides that Ord. 06-20 shall automatically dissolve on December 12, 2007 unless otherwise extended in accordance with applicable law, or upon the effective date of new comprehensive plan policies and land development regulations concerning affordable housing, the formulation of which shall be expeditiously pursued.
4. As a result of the work performed by the Village’s planning staff, the Village’s Workforce/Affordable Housing Citizens’ Advisory Committee, the Village’s Local Planning Agency and the Village Council in the creation of new regulations to address the redevelopment of Mobile Home Parks; the expiration of the Moratorium prior to the adoption of new regulations may affect the public health, safety and welfare of the Village by impacting the existing inventory of workforce and affordable housing stock and its availability for those who live in the Village. Based upon the information contained in Ord. 06-20, the Department finds that there is an immediate danger to the public health, safety and welfare that requires the issuance of an Immediate Final Order.
5. Ord. 06-20 is consistent with the Village’s 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
6. 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), and §380.0552(9),
7. Islamorada,
8. “Land development regulations” include local zoning, subdivision, building and other regulations controlling the development of land. §380.031(8),
9. 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. See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff’d, 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.
10. Ord. 06-20 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 the continuation of the area of critical state concern designation.
(l) To protect the public health, safety, and welfare of the citizens of the
11. Ord. 06-20 is not inconsistent with the remaining Principles. Ord. 06-20 is consistent with the Principles for Guiding Development as a whole.
12. Since there is an immediate danger to the public health, safety and welfare, the approval of Ord. 06-20 shall be effective immediately. §120.569(2)(n),
WHEREFORE, IT IS ORDERED that:
A. Islamorada, Village of Islands Ordinance 06-20 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED; and
B. This Order and Village Ordinance 06-20 shall become effective immediately upon filing with the Agency Clerk.
DONE AND ORDERED in
_________________________________
THADDEUS L. COHEN, Secretary
Department of Community Affairs
NOTICE OF RIGHTS
I. Challenges to the Immediate Effective Date:
ANY PARTY WHO IS ADVERSELY AFFECTED BY THIS IMMEDIATE FINAL ORDER AND WHO DISPUTES THE FINDING THAT THERE IS AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE THAT REQUIRES AN IMMEDIATE FINAL ORDER MAY APPEAL THIS IMMEDIATE FINAL ORDER ON THAT BASIS OR SEEK AN INJUNCTION TO SET ASIDE THE IMMEDIATE NATURE OF THIS ORDER PURSUANT TO SECTIONS 120.569(2)(n) AND 120.68(1), FLORIDA STATUTES.
A. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK,
B. TO SEEK AN INJUCTION, A COMPLAINT MUST BE FILED WITH THE APPROPRIATE CIRCUIT COURT PURSUANT TO THE
II. Challenges to All Other Issues:
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 INFORMAL PROCEEDING OR A FORMAL HEARING.
A. 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 INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2)
B. 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
C. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, “PETITION FOR ADMINISTRATIVE PROCEEDINGS” WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF GENERAL COUNSEL,
D. THE PETITION MUST MEET THE FILING REQUIREMENTS IN SUBSECTION 28-106.104(2),
E. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402,
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Immediate Final Order has been filed with the undersigned Agency Clerk, and that true and correct copies have been furnished to the persons listed below by the method indicated this 13th day of December, 2006.
_____________________________
Paula Ford, Agency Clerk
By
Honorable Chris Sante, Mayor
Islamorada,
Post Office Box 568
Beverly Raddatz, Village Clerk
Islamorada,
Post Office Box 568
Nina Boniske, Esq.
Nancy Stroud, Esq.
Weiss Serota Helfman Pastoriza
Guedes Cole & Boniske, P.A.