DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-18-036
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY POLK COUNTY, FLORIDA
ORDINANCE NO. 18-022
FINAL ORDER
APPROVING POLK COUNTY ORDINANCE NO. 18-022
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. 18-022 (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 the County on April 17, 2018, and rendered to the Department on April 24, 2018.
3. The Ordinance amends the County’s Land Development Code to amend Section 706 to exempt the collocation of Small Wireless Facilities on existing utility poles and residential driveways serving four units or less from level 2 review for the County’s right-of-way use permits. The Ordinance also creates standards for locating Wireless Support Structures and associated Small Wireless Facilities within the County’s rights-of-way. The Ordinance amends Chapter 10 of the Land Development Code to create definitions for “Collocate” or “Collocation,” “Small Wireless Facility,” “Utility Pole,” “Wireless Facility,” and “Wireless Support Structure.”
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 subsection 380.05(6), Florida Statutes; See also Chapter 28-26, Florida Administrative Code.
5. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. Subsection 380.031(8), Florida Statutes. The regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the County’s Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically, Objective 2.101A and Policy 2.125-D1.
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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must also be consistent with the principles for guiding development for that area.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 for Guiding Development.
WHEREFORE, IT IS ORDERED that the Department finds that Polk County Ordinance No. 18-022 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.
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 subsections 28-106.104(2), 28-106.201(2), and rule 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 rule 120.569 and subsection 120.57(1), florida statutes, or rule 120.569 and subsection 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 22nd day of May, 2018.
Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail:
Honorable Todd Dantzler
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
