| OI-N7d Gy DCA Final Order No. DCA01-OR-224 om n of A STATE OF FLORIDA | 2835 DEPARTMENT OF COMMUNITY AFFAIRS Inre: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 032-2001 FINAL ORDER ‘The Department of Community Affairs (the “Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2000), approving Monroe County Ordinance No. 032-2001 as set forth below. © ~ FINDINGS OF FACT 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a local government within the Florida Keys Area. 2. On October 17, 2001, the Department received for review Monroe County Ordinance No. 032-2001 which was adopted by the Monroe County Board of County Commissioners on ‘September 19, 2001 ( “Ord. 032-2001"). Ord. 032-2001 adds a Non-residential Rate of Growth Ordinance (NROGO) - Section 9. 5- 124 of ihe Monroe County Land Development Regulations. . 3. Ord. 032-2001 is consistent with the County s 2010 Comprenensive Plan. CONCLUSIONS OF LAW 4. The Department i 1s required to approve or rej ect land development regulations that are enacted, amended or rescinded by any local government in the Florida Keys Area of Critical State Concern.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 (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2000). @ Reatir ngs DO pan ee ae ee Te willbe DCA Final Order No. DCA01-OR-224 5. Monroe County is a local government within the Florida Keys Area of Critical State Concer. § 380.0552, Fla. Stat, (2000) and Rule 28-29.002 (superseding Chapter 27F-8), Fila. Admin. Code. 6. “Land development regulations” include local zoning, subdivision, building and other regulations controlling the development of Jand. § 380.031(8), Fla. Stat. (2000). The regulations adopted by Ord. 032-2001 are land development regulations. 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 All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the “Principles”). § 380.0552(7), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21 F.A.LR. 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. § 380.0552(7), Fla. Stat. (2000). 8. Ord. 032-2001 promotes and furthers the following Principles of §380.0552(7), Fla. Stat. (2000): ~ (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 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, ie. DCA Final Order No. DCA01-OR-224 native tropical vegetation, (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (f) To enhance natural scenic resources, promote aesthetic benefits of the natural environment, and’ensure that development is compatible with the unique historic character of the Florida Keys. (g) To protect the historical heritage of the Florida Keys. 9. Ord. 032-2001 is not inconsistent with the remaining Principles. Ord. 032-2001 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 032-2001 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED. T his Order becomes effective 21 days after publication in the Florida Administrative ‘Weekly unless a petition is filed as described below. tal ® DONE AND ORDERED in Tallahassee, Florida. __.CARI ROTH, ACTING DIRECTOR ~Pivision of Community Planning Department of Community Affairs __2555 Shumard Oak Boulevard “Tallahassee, Florida 32399-2100 ww cee SECS me ear TERR er ae wwe DCA Final Order No. DCA01-OR-224 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 J AND II, 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 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 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 of. a a Ae Pe ere aera i Aik i i ee keke DCA Final Order No. DCA01-OR-224 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. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. 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 s J HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and. ponent copies have been furnished to the persons listed below by the method indicated this , ay of December, 2001. he? By U.S. Mail: Honorable George Neugent Mayor of Monroe County -~ 500 Whitehead Street Key West, Florida 33040 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 A ie a OT Sk RE MIT carer rere CORRE, COTTE Oe er eee DCA Final Order No. DCA01-OR-224 Timothy J. McGarry, AICP Director, Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail: Michael McDaniel, Growth Management Administrator, DCA Tallahassee Rebecca Jetton, DCA Florida Keys Field Office Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee MEE: rere err allele oti eae oa ae OUR OR Rem MR ee ee a oe oe RO RR ne Oe a ae

Docket for Case No: 02-000174