ORDINANCE NO. 003-2011
The Department of Community Affairs (the “Department”) hereby issues its Final Order, pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (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
3. The purpose of Ord. No. 003-2011 is to amend the Monroe County Section 101-1 Definitions, and Section 130-187, Maximum Height to provide consistency between regulations regarding height in the Land Development Code and the Policies regarding height in the Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern.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. “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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the “Principles”) as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (
8. Ord. 003-2011 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
9. Ord. 003-2011 is consistent with the Principles for Guiding Development as a whole.
10. Ord. 003-2011 furthers Monroe County Comprehensive Plan Policy 101.4.24.
WHEREFORE, IT IS ORDERED that Ord. 003-2011 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
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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 25th day of April, 2011.
Paula Ford, Agency Clerk
Honorable Heather Carruthers
2798 Overseas Highway,
Danny L. Kolhage
Clerk to the Board of
Growth Management Director
2798 Overseas Highway,