DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community DevelopmentFINAL ORDER NO. DEO-13-009-A
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: LAKE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
LAKE COUNTY ORDINANCE NO. 2012-71
_______________________________________________/
CORRECTED FINAL ORDER
APPROVING IN PART AND REJECTING IN PART
LAKE COUNTY ORDINANCE NO. 2012-71
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and (11), Fla. Stat., approving portions of Lake County Ordinance No. 2012-71 (“Ordinance”) and rejecting portions of the Ordinance as it relates to the Green Swamp Area of Critical State Concern.
FINDINGS OF FACT
1. The Green Swamp Area is a statutorily designated area of critical state concern.
§ 380.0551, Fla. Stat. Lake County is a local government within the Green Swamp Area.
2. The Ordinance was adopted by the Lake County Board of County Commissioners on November 20, 2012, was rendered to the Department on December 10, 2012.
3. The Ordinance amends provisions in the County’s Land Development Regulations, Lake County Code, Appendix E, regarding floodplain management. These amendments update the Land Development Regulations to be consistent with revisions to the Florida Building Code provisions related to buildings and structures in flood hazard areas and are necessary in order for the County to continue to be eligible for the National Flood Insurance Program. Specifically, the Ordinance
a. amends definitions in Chapter II;
b. amends Chapter III, Sections R322.2.1 and 1612.4, Florida Building Code;
c. amends Chapter VI, Sections 6.06.01, 6.06.02, 6.06.03, 6-22, and 6-45, and creates Section 6-9 entitled “Variances to the Flood Resistant Construction Requirements of the Florida Building Code”;
d. amends Chapter VII, Section 7.00.05, Wekiva River Regulations;
e. amends Chapter VIII, Sections 8.00.04 and 8.00.05.B.1, Development Guidelines for the Green Swamp Area of Critical State Concern;
f. amends Chapter IX, Section 9.06.05, Stormwater Management Performance Criteria, and repeals and replaces Section 9.07.00, Floodplain Management and Lot Grading; and
g. amends Chapter XIV, Sections 14.00.03, 14.07.04, 14.09.01, and 14.15.00, and creates Sections 14.10.1 and 14.20.00, Site Improvements, Utilities and Limitations.
4. The Ordinance also amends Chapter VIII, Section 8.00.05, Development Review Criteria in the Green Swamp Area of Critical State Concern, subsections 8.00.05.A.1 and A.11, by changing the term “flood detention,” which includes flood water drainage within a drainage basin, to “stormwater detention” which is a less encompassing term.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that are enacted, amended or rescinded by any local government in the Green Swamp Area of Critical State Concern. §§ 380.05(6) and (11), Fla. Stat.
6. Lake County is a local government within the Green Swamp Area of Critical State Concern. § 380.0551, Fla. Stat., and Rule Chapter 28-26, Fla. Admin. Code.
7. “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.
8. 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), Fla. Stat.; 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 for guiding development for the Green Swamp Area of Critical State Concern are set forth in Rule 28-26.003, Fla. Admin. Code. (“Principles”).
9. The portions of the Ordinance described in paragraph 3 above are consistent with the Principles in Rule 28-26.003(b), (c), (e) and (j), Fla. Admin. Code, and with the Principles as a whole, and are not inconsistent with any Principle. Further, the portions of the Ordinance described in paragraph 3 above are consistent with the Lake County Comprehensive Plan, specifically Objective III-2.4 and Policies I-4.4.8, I-7.5.4, III-2.4.1, III-2.4.3, III-2.4.5 and III-2.4.7.
10. The portions of the Ordinance described in paragraph 4 above – the amendments to subsections 8.00.05.A.1 and 8.00.05.A.11 of the Land Development Regulations – are not consistent with the Principles in Rule 28-26.003(a) and (k), Fla. Admin. Code, that require protection of flood detention areas, and are not consistent with the Principles as a whole. Further, the amendments to subsections 8.00.05.A.1 and 8.00.05.A.11 of the Land Development Regulations, described in paragraph 4 above, are not consistent with the Lake County Comprehensive Plan, specifically Policies I-4.1.4 and I-4.3.12.
WHEREFORE, IT IS ORDERED that:
A. The land development regulations in Ordinance No. 2012-71, except for the amendments to subsections 8.00.05.A.1 and 8.00.05.A.11, are found to be consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and are hereby APPROVED.
B. The land development regulations in Ordinance No. 2012-71 described in paragraph 4 above – the amendments to subsections 8.00.05.A.1 and 8.00.05.A.11 and 8.00.05.B.1 – are found to be inconsistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and are hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative Register unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
_/s/______________________________________
J. Thomas Beck, AICP
Director, Division of Community Development
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS CORRECTED FINAL 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’S CORRECTED FINAL ORDER, 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 AFTER PUBLICATION OF THIS CORRECTED FINAL ORDER. 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 (850) 921-3230
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 AFTER PUBLICATION OF THIS CORRECTED FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Corrected 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 15th day of February, 2013.
_/s/__________________________________
Miriam Snipes, Agency Clerk
By U.S. Mail:
Leslie Campione, Chairman
Lake County Board of County Commissioners
P. O. Box 7800
Tavares, FL 32778-7800
Sanford A. Minkoff, Esq.
Lake County Attorney
P. O. Box 7800
Tavares, FL 32778-7800
Amye King, Director
Lake County Department of Growth Management
P. O. Box 7800
Tavares, FL 32778-7800
By Hand Delivery or Interagency Mail:
Rebecca Jetton, Community Planning Administrator, DEO Tallahassee
Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee
