DEPARTMENT OF ECONOMIC OPPORTUNITY
DEO Final Order No. DEO-19-036
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF APALACHICOLA,
ORDINANCE NO. 2019-05
_______________________________________________
FINAL ORDER
APPROVING APALACHICOLA ORDINANCE NO. 2019-05
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to Section 380.05(6), Florida Statutes, approving land development regulations adopted by the City of Apalachicola (“City”), Ordinance No. 2019-05 (the “Ordinance”).
FINDINGS OF FACT
1. The Apalachicola Bay Area is designated by Section 380.0555, Florida Statutes, as an area of critical state concern. The City is within the Apalachicola Bay Area.
2. The Ordinance was adopted by the City on August 6, 2019, and rendered to the Department on August 15, 2019.
3. The Ordinance amends the City’s Land Development Regulations by creating and establishing standards for a Transitional Corridor Overlay District for commercially zoned property located in blocks 8, 9, 10, and 11 along South 4th Street in the City of Apalachicola. The Ordinance provides the principal uses permitted include all uses permitted by the underlying C1 zoning district and transient lodging on the first and/or upper floors. The Ordinance also provides for accessory uses and special exceptions including churches, community houses, and certain public utilities.
CONCLUSIONS OF LAW
4. 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 Section 380.05(6), Florida Statutes.
5. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the City’s Comprehensive Plan as required by Section 163.3177(1), Florida Statutes, generally, and is specifically consistent with Future Land Use Element Policy 1.3 and Economic Development Element Policy 2.1.
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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. See subsection 380.05(6), Florida Statutes. The Principles for Guiding Development for the Apalachicola Bay Area of Critical State Concern are set forth in subsection 380.0555(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development in subsection 380.0555(7), Florida Statutes, as a whole, and is specifically consistent with the following Principles:
(a) Land development shall be guided so that the basic functions and productivity of the Apalachicola Bay Area’s natural land and water systems will be conserved to reduce or avoid health, safety, and economic problems for present and future residents of the Apalachicola Bay Area.
(b) Land development shall be consistent with a safe environment, adequate community facilities, a superior quality of life, and a desire to minimize environmental hazards.
(c) Growth and diversification of the local economy shall be fostered only if it is consistent with protecting the natural resources of the Apalachicola Bay Area through appropriate management of the land and water systems.
WHEREFORE, IT IS ORDERED that the Department finds that the City of Apalachicola Ordinance No. 2019-05 is consistent with the City of Apalachicola’s Comprehensive Plan and the Principles for Guiding Development for the Apalachicola Bay Area of Critical State Concern and is hereby APPROVED.
This Final Order becomes final 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/James D. Stansbury, James D. Stansbury, Bureau Chief, Bureau of Community Planning and Growth, Department of Economic Opportunity
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 economic opportunity within 21 calendar days of the date of Filing of the final order as indicated on the certificate of service. A petition is filed when it is received by: Agency Clerk, Department of Economic Opportunity, Office of the general Counsel, 107 East Madison St., MSC 110, Tallahassee, Florida 32399-4128, Fax (850)921-3230,
agency.clerk@deo.myflorida.com.
You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of the date of the filing of the final order.
For the required contents of a petition challenging agency action, refer to subsections 28-106.104(2), 28-106.201(2), and section 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 section 120.569 and subsection 120.57(1), Florida statutes, or Section 120.569 and subsection 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 10th day of October, 2019.
/s/Janay Lovett, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Van W. Johnson, Sr., Mayor, Apalachicola City Hall, 192 Coach Wagoner Boulevard, Suite 1, Apalachicola, Florida 32320
Deborah Guillotte, City Clerk, Apalachicola City Hall, 192 Coach Wagoner Boulevard, Suite 1, Apalachicola, Florida 32320
Cindy Clark, City Planner, Apalachicola City Hall, 192 Coach Wagoner Boulevard, Suite 1, Apalachicola, Florida 32320
