DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-16-099
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY POLK COUNTY
ORDINANCE NO. 16-023
_______________________________________________
FINAL ORDER
APPROVING POLK COUNTY ORDINANCE NO. 16-023
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to Section 380.05(6) and (11), Florida Statutes, approving land development regulations adopted by Polk County, Florida, Ordinance No. 16-023 (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. Polk County is a local government within the Green Swamp Area of Critical State Concern.
2. The Ordinance was adopted by Polk County on April 19, 2016, and rendered to the Department on April 28, 2016.
3. The Ordinance amends the Polk County Land Development Code to reduce the categories and levels of review for various land uses and increase the consistency between Standard Districts, Selected Area Plans, and the Green Swamp Area of Critical State Concern.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are adopted by any local government in the Green Swamp Area of Critical State Concern.
§§ 380.05(6) and (11), Fla. Stat.
5. Polk County is a local government within the Green Swamp Area of Critical State Concern. § 380.0551, Fla. Stat. and Florida Administrative Code Chapter 28-26.
6. The Ordinance is consistent with the Polk County Comprehensive Plan generally, and specifically Objective 2.129-A (Implementation) and Objective 2.123-F (Green Swamp Protection Area) as required by section 163.3177(1), Florida Statutes.
7. “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.
8. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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 Rule 28-26.003, Florida Administrative Code.
9. The Ordinance is consistent with the Principles for Guiding Development in Rule 28-26.003(1), as a whole and furthers all of the 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.
(f)Prevent further salt-water intrusion into the Floridan Aquifer.
(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.
(j)Protect the natural flow regime of drainage basins.
(k)Protect the design capacity of flood-detention areas and the water-management objectives of these areas through the maintenance of hydrologic characteristics of drainage basins.
WHEREFORE, IT IS ORDERED that the Department finds that Polk County Ordinance No. 16-023 is 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 timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
/s/_____________________________________
Taylor Teepell, 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.
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.
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 14th day of June, 2016.
/s/___________________________________
Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By Certified-U.S. Mail:
Honorable John E. Hall
Chairman, Polk County, Florida
330 W. Church St.
P.O. Box 9005
Drawer GM03
Bartow, FL 33831
John M. Bohde, Director
Land Development
Polk County
P.O. Box 9005
Drawer GM03
Bartow, FL 33831
