Department of commerce rejects tavernier key commercial overlay district (“tkcod”)

DEPARTMENT OF COMMERCE

Division of Community Development

Commerce Final Order No. COM-24-020

FINAL ORDER

REJECTING MONROE COUNTY ORDINANCE NO. 04-2024

The Florida Department of Commerce (“Department”) hereby issues its Final Order, pursuant to sections 380.05(6)

and 380.0552(9), Florida Statutes, rejecting the land development regulations adopted by Monroe County, Florida

(the “County”), Ordinance No. 04-2024 (the “Ordinance”).

FINDINGS OF FACT

1.The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an area of critical state concern.

2.The County is a local government within the Florida Keys Area.

3.The Ordinance was adopted by the County on February 15, 2024.

4.The Ordinance amends the County Land Development Code (“Code”) to establish a new overlay commercial land

use district, the Tavernier Key Commercial Overlay District (“TKCOD”), which applies to 19.3 acres of property.

5.The Ordinance sets forth the boundary, maximum development potential, and Rate of Growth Ordinance (ROGO)

allocation standards for residential and nonresidential development within the TKCOD.

6.The TKCOD development standards exceed those applicable to the Tavernier community under the Monroe

County Comprehensive Plan, specifically those provided by the Livable CommuniKeys Master Plan for Tavernier

Creek to Mile Marker 97 (“Tavernier LCP”) and the Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor

District Overlay (TC) Development Standards and Guidelines (“U.S. 1 Guidelines”).

7.By establishing the TKCOD, the Ordinance improperly creates an overlay district to exempt the subject property

from the development standards applicable to other properties within Tavernier in a manner that is inconsistent

with the Monroe County Comprehensive Plan and fails to maintain the community’s character.

CONCLUSIONS OF LAW

8.The Department is required to approve or reject land development regulations that are adopted by any local

government in an area of critical state concern. See §§ 380.05(6) and 380.0552(9), Fla Stat.

9.“Land development regulations” include local zoning, subdivision, building, and other regulations controlling the

development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development

regulations.

10.The Ordinance is inconsistent with the Monroe County Comprehensive Plan generally, as required by Section

163.3177(1), Florida Statutes. Specifically, the Ordinance is inconsistent with Policies 101.5.6, 101.19.1,

101.19.2, 105.1.2, and 105.1.3.

11.All land development regulations enacted, amended, or rescinded within an area of critical state concern must be

consistent with the principles for guiding development for that area. §§ 380.05(6) and 380.0552(9), Fla Stat.

12.The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in

Section 380.0552(7), Florida Statutes.

13.The Ordinance is inconsistent with the Principles for Guiding Development as a whole, and specifically fails to

comply with the following:

(a) Strengthening 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;

(d) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and

ensuring that development is compatible with the unique historic character of the Florida Keys; and

(g) Protecting the historical heritage of the Florida Keys.

WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 04-2024 is

inconsistent with the Monroe County Comprehensive Plan and the Principles for Guiding Development for the

Florida Keys Area of Critical State Concern and is hereby REJECTED.

This Order becomes effective 21 days after publication in the Florida Administrative Register, unless a petition is

timely filed as described in the Notice of Administrative Rights below.

DONE AND ORDERED in Tallahassee, Florida.

/s/ Kate Doyle , Kate Doyle, Assistant Deputy Secretary, Division of Community Development, Florida

Department of Commerce

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, BY FILING A PETITION.

A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMERCE

WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.

A PETITION IS FILED WHEN IT IS RECEIVED BY:

AGENCY CLERK, FLORIDA DEPARTMENT OF COMMERCE, OFFICE OF THE GENERAL COUNSEL, 107

EAST MADISON ST., MSC 110, TALLAHASSEE, FLORIDA 32399-4128, FAX (850)921-3230,

AGENCY.CLERK@COMMERCE.FL.GOV

YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT FILE A PETITION

WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA

ADMINISTRATIVE REGISTER.

FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION, REFER TO RULES

28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA ADMINISTRATIVE CODE.

DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE PETITION, A HEARING

WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES,

OR SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES.

PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV, FLORIDA

ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT AVAILABLE.

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 following persons by the methods

indicated this 16th day of May, 2024.

/s/ Karis De Gannes, Agency Clerk, Florida Department of Commerce, 107 East Madison Street, MSC 110,

Tallahassee, Florida 32399-4128, Telephone: (850)245-7151,Facsimile: (850)921-3230

By U.S. Mail:

The Honorable Craig Cates, Mayor, Monroe County, 1100 Simonton Street, Key West, Florida 33040

Kevin Madok, Clerk, Monroe County, Board of County Commissioners, 500 Whitehead Street, Key West, Florida

33040