DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
DEO Final Order No. DEO-20-008
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY POLK COUNTY, FLORIDA
ORDINANCE NO. 19-069
_______________________________________________
FINAL ORDER
APPROVING POLK COUNTY ORDINANCE NO. 19-069
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 380.05(6), Florida Statutes, approving land development regulations adopted by Polk County, Florida, (the “County”) Ordinance No. 19-069 (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 County is a local government within the Green Swamp Area of Critical State Concern.
2.The Ordinance was adopted by Polk County on December 3, 2019, and submitted to the Department on January 7, 2020.
3.The Ordinance amends the County’s Land Development Code to amend Table 2.1 Use Table for Standard Land Use Districts, to add to the list of permitted and conditionally permitted uses in Tourism Commercial Center (TCC), Leisure/Recreation (L/R), Residential Medium (RM), Residential Low (RL-1, RL-2, RL-3, RL-4), Residential Suburban (RS), Institutional (INST-1, INSt-2), and Agricultural/Residential (A/RR). The Ordinance amends Section 502, Table 5.2, of the Code to remove golf courses from the rural special protection area in the Green Swamp Area of Critical State Concern. The Ordinance amends Section 222, Agricultural, to add a classification for Agritourism. The Ordinance amends Section 303, Criteria for Conditional Use. The Ordinance amends Section 930 of the Code concerning variances and special exceptions for mobile home park and RV Park setback variances. The Ordinance also amends Chapter 10, Definitions, to strike, modify, and create definitions concerning campgrounds, recreation, and recreational vehicles.
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 § 380.05(6), Fla Stat.
5.“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.
6.The Ordinance is consistent with the Polk County Comprehensive Plan generally, as required by subsection 163.3177(1), Florida Statutes, and specifically, with policies 2.11-I4, Development Criteria, 2.115-A1, Characteristics, 2.115-A4, Development Criteria, 2.132-B6, Special Uses, 2.132-C6, Special Uses, and 2.132-D6, Special Uses.
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. The Principles for Guiding Development for the Green Swamp Area of Critical State Concern are set forth in subsection 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 of the Principles for Guiding Development.
WHEREFORE, IT IS ORDERED that the Department finds that Polk County Ordinance No. 19-069 is consistent with the County’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 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 6th day of March, 2020.
/s/Janay Lovett, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail:
Honorable Bill Braswell, Chairman, Polk County, Florida, P.O. Box 9005, Drawer BC01, Bartow, FL 33831
John Bohde, Director, Land Development, Polk County, P.O. Box 9005, Drawer GM03, Bartow, FL 33831
