Department of Economic Opportunity, Division of Community Development  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order No. DEO-18-010

    In re: A LAND DEVELOPMENT REGULATION

    ADOPTED BY THE CITY OF LAKE ALFRED,

    FLORIDA ORDINANCE NO. 1156-06

    ______________________________________________

    FINAL ORDER

    APPROVING LAKE ALFRED ORDINANCE NO. 1156-06

    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 Lake Alfred, Florida, (the “City”) Ordinance No. 1156-06 (the “Ordinance”).

    FINDINGS OF FACT

    1. The Green Swamp Area is designated by section 380.0551, Florida Statutes, as an area of critical state concern. The City is a local government within the Green Swamp Area of Critical State Concern.

    2. The Ordinance was adopted by the City on June 19, 2006, and rendered to the Department on December 29, 2017.

    3. The Ordinance amends the City’s Unified Land Development Code text to establish districts for cluster subdivisions in Section 2.04.00. The Ordinance establishes these districts in Table 2.04.01(A) – Table of Land Uses, Table 2.04.01(B) – Table of Development Standards, and Sections 2.04.02 – Establishment of Base Zoning Districts and 7.01.01 – Cluster Subdivisions. The Ordinance recognizes “separate standards for Residential Cluster Development for subdivisions in the Green Swamp” Area of Critical State Concern, which are detailed in Section 3.08.02 of Lake Alfred’s Unified Development Code.

    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 generally, as required by section 163.3177(1), Florida Statutes, and specifically Policy 1.1.27.

    7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must also be consistent with the principles for guiding development for that area. See section 380.05(6), Florida Statutes. The Principles for Guiding Development for the Green Swamp Area of Critical State Concern are set forth in rule 28-26.003(1), Florida Administrative Code.

    8. The Ordinance is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any principles.

    WHEREFORE, IT IS ORDERED that the Department finds that Lake Alfred Ordinance No. 1156-06 is consistent with the City’s Comprehensive Plan and the Principles for Guiding Development for the Green Swamp Area of Critical State Concern 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/

    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.

    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. Mediation is not available.

    Any petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of the final order being published 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 St., MSC 110

    Tallahassee, Florida 32399-4128

    Fax (850)921-3230

    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 final order being published in the florida administrative register.

    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 5th day of February, 2018.

    /s/

    Agency Clerk

    Department of Economic Opportunity

    107 East Madison Street, MSC 110

    Tallahassee, FL 32399-4128

     

    By Certified-U.S. Mail:

    The Honorable Charles O. Lake, Mayor

    155 East Pomelo Street

    Lake Alfred, Florida 33850

     

    Ryan Leavengood, City Manager

    155 East Pomelo Street

    Lake Alfred, Florida 33850

     

    Ameé Bailey-Speck, City Clerk

    120 East Pomelo Street

    Lake Alfred, Florida 33850

     

    Frederick J. Murphy Jr., City Attorney

    245 South Central Avenue

    Bartow, Florida 33830

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