DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order, DEO-13-127
In re:LAND DEVELOPMENT REGULATIONS
ADOPTED BY THE CITY OF GROVELAND,
FLORIDA, ORDINANCES NO. 2013-04-04
AND 2013-08-15
_______________________________________________
FINAL ORDER
CITY OF GROVELAND ORDINANCES NO. 2013-04-04 AND 2013-08-15
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and (11), Fla. Stat., approving in part and rejecting in part land development regulations adopted by the City of Groveland, Florida, by Ordinance No. 2013-04-04, and approving the land development regulations adopted by the City of Groveland, Florida, by Ordinance No. 2013-08-15.
FINDINGS OF FACT
The Green Swamp Area is designated by § 380.0551, Fla. Stat., as an area of critical state concern. The City of Groveland is a local government, a portion of which is within the Green Swamp Area.
Ordinance No. 2013-04-04 was adopted by the City of Groveland on April 1, 2013, and rendered to the Department on October 7, 2013. Ordinance No. 2013-04-04 adopts the City’s Code of Ordinances, including it’s land development regulations.
The land development regulations in City Ordinance No. 2013-04-04 are consistent with the City’s Comprehensive Plan and the Principles for Guiding Development for the Green Swamp Area of Critical State Concern (“Principles”) except for the following sections that are not consistent with the City’s comprehensive plan and the Principles:
Section 121-132 of the City’s land development regulations allows on-site waste disposal systems to be located in a flood plain which is inconsistent with Groveland Comprehensive Plan Policies 1.3.3 and 1.8.3.c. and with the Principles in Rules 28-26.003(a) and (k), Fla. Admin. Code.
Section 121-93 of the City’s land development regulations allows variances within a floodway which is inconsistent with Groveland Comprehensive Plan Policy 1.3.3 and the Principles in Rules 28-26.003(a), (j), and (k), Fla. Admin. Code.
Section 145-81(b) of the City’s land development regulations provides design standards for subdivisions and development within the 100-year flood plain which is inconsistent with Groveland Comprehensive Plan Policy 1.3.3 and the Principles in Rules 28-26.003(a) and (k), Fla. Admin. Code.
Ordinance No. 2013-08-15 amends Section 153-118 in Chapter 153 of the Groveland Code of Ordinances to add the State Road 50 Commercial Zoning District and Commercial PUD as allowed zoning districts in the Green Swamp Area of Critical State Concern. Ordinance No. 2013-08-15 also amends Section 153-157 related to the GS-1 Green Swamp Residential District. Ordinance No. 2013-08-15 was previously rejected by the Department by Final Order No. DEO-13-099 because the Department could not determine consistency with the Principles without review of adopted amendments to the City’s land development regulations that had not been rendered to the Department. The Department is now able to determine that Ordinance No. 2013-08-15 is consistent with the City’s Comprehensive Plan and the Principles.
CONCLUSIONS OF LAW
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. §§ 380.05(6) and (11), Fla. Stat.
“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 City Ordinances No. 2013-04-04 and 2013-08-15 are land development regulations.
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 (11), Fla. Stat. The Principles for Guiding Development for the Green Swamp Area of Critical State Concern are set forth in Rule 28-26.003, Fla. Admin. Code.
The land development regulations in City Ordinance No. 2013-04-04 are consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern in Rule 28-26.003, Fla. Admin. Code, except for Code of Ordinances Sections 121-132, 121-93, and 145-81(b) which are not consistent with the Principles.
Ordinance No. 2013-08-15 is consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern in Rule 28-26.003, Fla. Admin. Code.
WHEREFORE, IT IS ORDERED as follows:
A. Except for the land development code sections identified in paragraph B below, City of Groveland Ordinance No. 2013-04-04 is found to be consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and with the requirements of sections 380.05(6) and (10), Fla. Stat., and is hereby APPROVED.
B. The land development regulations in City Code Sections 121-132, 121-93, and 145-81(b) adopted by Ordinance No. 2013-04-04 are found to be inconsistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and with the requirements of sections 380.05(6) and (10), Fla. Stat., and are hereby REJECTED. Therefore, these Code sections do not apply within the Green Swamp Area of Critical State Concern.
C. Ordinance No. 2013-08-15 is found to be consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and with the requirements of sections 380.05(6) and (10), Fla. Stat., and is hereby APPROVED.
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/___________________________
WILLIAM B. KILLINGSWORTH
Director, Division of Community Development
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, 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 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, CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND 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 ECONOMIC OPPORTUNITY A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX NUMBER 850-921-3230
CLERK’S EMAIL: JAMES.BELLFLOWER@DEO.MYFLORIDA.COM
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
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 __4__ day of _December, 2013.
/s/___________________________________
James W. Bellflower, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
Telephone: (850)245-7160
By U.S. Mail:
Honorable James Gearhart, Mayor
City of Groveland
156 South Lake Avenue
Groveland, FL 34736
Teresa Begley, City Clerk
City of Groveland
156 South Lake Avenue
Groveland, FL 34736
Trudy Lovejoy
Development Coordinator
City of Groveland
156 South Lake Avenue
Groveland, FL 34736
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DEO Tallahassee
