Department of Economic Opportunity, Division of Community Development  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order DEO-14-020

    In re:LAKE COUNTY LAND DEVELOPMENT

    REGULATIONS ADOPTED BY

    LAKE COUNTY ORDINANCE NO. 2013-64

    _______________________________________________/

    FINAL ORDER

    APPROVING IN PART AND REJECTING IN PART

    LAKE COUNTY ORDINANCE NO. 2013-64

    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 the land development regulations adopted by Lake County Ordinance No. 2013-64 (“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 December 17, 2013, and was rendered to the Department on December 27, 2013.

    3. The Ordinance amends the Lake County Land Development Regulations, Lake County Code Appendix E, Chapter II entitled “Definitions” to ad definitions of Annual Average Daily Traffic, Low Impact Development, Passive Recreation, Primitive Camping, Rural Character, and Small-Scale Sporting and Recreational Camp Activities (applicable in the Green Swamp Area of Critical State Concern only). The Ordinance also repeals and replaces Chapter VIII entitled “Green Swamp.”

    CONCLUSIONS OF LAW

    4. The Department is required to approve or reject land development regulations that are enacted, amended or rescinded by any local government in the Green Swamp Area of Critical State Concern.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.

    5. 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.

    6. “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.

    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 All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. 380.05(6), Fla.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”).

    8. Except for Section 8.01.05 of the Land Development Regulations related to the Green Swamp, the Ordinance is consistent with the Principles in Rule 28-26.003(1), Fla. Admin. Code, as a whole and furthers the following Principles:

    (a) Minimize the adverse impacts of development on resources of the Floridan Aquifer, wetlands, and flood-detention areas.

    (b) Protect the normal quantity, quality and flow of ground water and surface water which are necessary for the protection of resources of state and regional concern.

    (c) Protect the water available for aquifer recharge.

    (d) Protect the functions of the Green Swamp Potentiometric High of the Floridan Aquifer.

    (e) Protect the normal supply of ground and surface water.

    (g) Protect or improve existing ground and surface-water quality.

    (h) Protect the water-retention capabilities of wetlands.

    (i) Protect the biological-filtering capabilities of wetlands.

    9. Except for Section 8.01.05 of the Land Development Regulations, the Ordinance is consistent with Policies 1-4.1.2, 1-4.1.5, 1-4.2.1, Objective 1-4.3, and Policies 1-4.3.1, 1-4.3.2, 1-4.3.8, 1-4.4.4, 1-5.1.3, and 1-7.4.6 in the Lake County Comprehensive Plan.

    10. Section 8.01.05 of the Land Development Regulations related to the Green Swamp Area of Critical State Concern, as adopted by the Ordinance, allows sand mining in all areas of the Green Swamp, including the Ridge Future Land Use Category. As it relates to the Ridge Future Land Use Category, section 8.01.05 is not consistent with the following Principles for Guiding Development for the Green Swamp Area of Critical State Concern in Rule 28-26.003(1), Fla. Admin. Code:

    (b) Protect the normal quantity, quality and flow of ground water and surface water which are necessary for the protection of resources of state and regional concern.

    (j) Protect the natural flow regime of drainage basins.

    11. The Department also notes that Section 8.01.05 of the Land Development Regulations, as adopted by the Ordinance, is not consistent with Policies 1-4.2.1 and 1-4.2.2 in the Lake County Comprehensive Plan that do not allow mining in the Ridge Future Land Use Category.

    WHEREFORE, IT IS ORDERED that, except for Section 8.01.05, the land development regulations in Ordinance No. 2013-64 are consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and are hereby APPROVED. Section 8.01.05 of the land development regulations as adopted by Ordinance No. 2013-64 is not consistent with the Principles for Guiding Development for the Green Swamp 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 filed as described 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 AFTER PUBLICATION OF THIS 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

    TELEPHONE: (850)245-7150

    FAX: (850)921-3230

    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 AFTER 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 methods indicated this _28_ day of February, 2014.

    /s/_____________________________

    James W. Bellflower, Agency Clerk

    Department of Economic Opportunity

    107 East Madison Street, MSC 110

    Tallahassee, FL 32399-4128

    By U.S. Mail:

    The Honorable Jimmy Conner, Chairman

    Lake County Board of County Commissioners

    P. O. Box 7800

    Tavares, FL 32778-7800

     

    Neil Kelly, Clerk

    Lake County Board of County Commissioners

    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

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