DCA Order No. ae dates & STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Ant oy, “lesa Inte: A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT ADOPTE BY ISLAMORADA, VILLAGE OF ISLANDS ORDINANCE NO. 06-11 O lo- AE ECH The Department of Community A ffairs (the “Department”) hereby issues its Final Order, FINAL ORDER pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2005), approving a small scale comprehensive plan amendment 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, Village of Islands is a local government within the Florida Keys Area. 2. On June 13, 2006, the Department received for review Islamorada, Village of Islands Ordinance No. 06-11 (“Ord. No. 06-11”), The purpose of the Ordinance is to change the land use designation of a 3.47 acre parcel from Residential Low at 2 units per acre to Residential High at 6 units per acre. 3. Ord. 06-11 is consistent with the Village Comprehensive Plan. CONCLUSIONS OF LAW 4. The Department is required to approve or reject elements of local comprehensive plans that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concem. §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla, Stat. (2005). 5. Islamorada, Village of Islands is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2005), and Rule 28-29.002 (superseding Chapter 27F-8), Fla, Admin. Code. 6. A small scale amendment is part of a local comprehensive plan. DCA Order No. DCA06-OR-154 7. All elements of local comprehensive plans enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the “Principles”) as set forth in § 380.0552(7), Fla.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. (2005). 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. 8. Ord. 06-11 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. (b) To promote shoreline and marine resources, including mangroves, coral reef formations, sea grass beds, wetlands, fish, and wildlife and their habitat. (e) To limit the adverse impacts of development on the quality of water throughout the Florida Keys. (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys. (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments including: 1, The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection and disposal facilities; 3. Solid waste collection and disposal facilities; 4, Key West Naval Air Station and other military facilities; 5. Other utilities transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys electric co-op. 9. Other utilities, as appropriate. (j) To make available affordable housing for all sectors of the population of the Florida Keys. 9. Ord. 06-11 is not inconsistent with the remaining Principles. Ord. 06-11 is consistent with the Principles for Guiding Development as a whole. 10. Ord. 06-11 is consistent with Rule 9J-5, F.A.C., Chapter 163, Fla. Stat., (2005), and DCA Order No. DCA06-OR-154 Chapter 380, Fla. Stat., (2005). 11. Ord. 06-11 is consistent with Islamorada, Village of Islands’ local comprehensive plan. WHEREFORE, IT IS ORDERED that Ord. 06-11 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 Tallahassee, Florida. 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 INFORMAL PROCEEDING OR A FORMAL HEARING. 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) FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. 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 HEARIN GS, PURSUANT TO SECTIONS 120.569 ANI 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 Oo DCA Order No. DCA06-OR-154 YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. 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, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE. 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. oie ne Valerie J. Hubbard Director, Division of Community P anning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 CERTIFICATE OF FILING AND SERVICE By U.S. Mail: Honorable Chris Sante, Mayor Islamorada, Village of Islands Post Office Box 568 Islamorada, FL 33036 Beverly Raddatz, Village Clerk Islamorada, Village of Islands Post Office Box 568 Islamorada, FL 33036 Nina Boniske, Esq. Nancy Stroud, Esq. Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A. 3107 Stirling Drive, Suite 300 Fort Lauderdale, FL 33312-8500 By Hand Delivery or Interagency Mail: Rebecca Jetton, ACSC Administrator DCA Order No. DCA06-OR-154 a “Paula Ford, Agency aa Richard E. Shine, Assistant General Counsel

Docket for Case No: 06-002885GM

Orders for Case No: 06-002885GM