DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community DevelopmentFINAL ORDER NO. DEO-13-043
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re:LAND DEVELOPMENT REGULATIONS
ADOPTED BY CITY OF AUBURNDALE
ORDINANCE NO.1408
__________________________________________________/
FINAL ORDER
The Department of Economic Opportunity (the “Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and (11), Fla. Stat., approving City of Auburndale Ordinance No. 1408 (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. The City of Auburndale is a local government within the Green Swamp Area.
2. The Ordinance was adopted by the City Commission of Auburndale, Florida, on April 1, 2013, and was rendered to the Department on April 8, 2013.
3. The Ordinance amends Ordinance No. 764, the City’s land development regulations, Chapter 5, Zoning, and Chapter 6, Special Provisions, PUDs, Clusters, related to the Green Swamp ACSC. The Ordinance amends Sections in Chapters 5 and 6 zoning districts and uses allowed and prohibited in the Auburndale Green Swamp Protection Area; provides that bonuses and land use intensity ratings shall not increase densities, impervious surface ratios, or floor area ratios beyond that allowed by the Comprehensive Plan in the Auburndale Green Swamp Protection Area; provides for transfer of density within the Auburndale Green Swamp Protection Area from environmentally sensitive lands to adjacent non-environmentally sensitive property under certain circumstances; and provides for a minimum residential open space of 30% of the total land area. Open space is defined as passive recreation, agriculture or conservation easement but does not include retention/detention areas and golf courses.
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 The Department is required to approve or reject land development regulations that are enacted, amended or rescinded by any local government in the Green Swamp Area of Critical State Concern.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. The City of Auburndale 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. Ordinance No. 1408 is consistent with the Principles in Rule 28-26.003, Fla. Admin. Code, as a whole and is not inconsistent with any Principle. The Ordinance specifically furthers the following Principles:
a. Minimize the adverse impacts of development on the resources of the Floridan Aquifer, wetlands, and flood-detention areas.
b. Protect the functions of the Green Swamp Potentiometric High of the Floridan Aquifer.
9. Ordinance No. 1408 is consistent with the City of Auburndale Comprehensive Plan as a whole and furthers Future Land Use Element Policies 11.2, 11.3, and 11.9.
WHEREFORE, IT IS ORDERED that City of Auburndale Ordinance No. 1408 is found to be consistent with 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 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 RIGHT TO REQUEST 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 DOCUMENT ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN TWENTY-ONE (21) CALENDAR DAYS AFTER PUBLICATION OF THIS FINAL ORDER. IF THE DEADLINE TO FILE A PETITION FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE TIME PERIOD RUNS UNTIL 5:00 P.M. ON THE NEXT DAY THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
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: Miriam.Snipes@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 MUST CONTAIN THE INFORMATION REQUIRED BY RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION MUST CONTAIN THE INFORMATION REQUIRED BY 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 TWENTY-ONE (21) CALENDAR DAYS AFTER PUBLICATION OF THIS FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order was 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 13th day of May, 2013.
_/s/__________________________________
Miriam Snipes, Agency Clerk
By U.S. Mail:
The Honorable Richard Hamann, Mayor
City of Auburndale
1 Bobby Green Plaza
Auburndale, FL 33823
Shirley Lowrance, City Clerk
City of Auburndale
1 Bobby Green Plaza
Auburndale, FL 33823
Amy Palmer, AICP
Community Development Director
P. O. Box 186
Auburndale, FL 33823
By Hand Delivery or Interagency Mail:
Rebecca Jetton, Community Planning Administrator, DEO Tallahassee
Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee
