Department of Economic Opportunity, Division of Community Development  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order No. DEO-17-129

    In re:A LAND DEVELOPMENT REGULATION

    ADOPTED BY CITY OF APALACHICOLA,

    ORDINANCE NO. 2017-04

    _______________________________________________

    FINAL ORDER

    APPROVING APALACHICOLA ORDINANCE NO. 2017-04

    The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to sections 380.05(6), Florida Statutes, approving land development regulations adopted by the City of Apalachicola, Ordinance No. 2017-04 (the “Ordinance”).

    FINDINGS OF FACT

    1. The Apalachicola Bay Area is designated by section 380.0555, Florida Statutes, as an area of critical state concern. The City is within the Apalachicola Bay Area.

    2. The Ordinance was adopted by the City, on April 4, 2017, and rendered to the Department on April 8, 2017.

    3. The Ordinance amends the City’s Land Development Regulations to amend the size calculation of residential and nonresidential building height.

    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 Section 380.05(6), Florida Statutes.

    5. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The regulations adopted by the Ordinance are land development regulations.

    6. The Ordinance is consistent with the City’s Comprehensive Plan as required by section 163.3177(1), Florida Statutes, generally, and specifically Future Land Use Element Policy 2.5 and 2.6.

    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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. See Section 380.05(6), Florida Statutes. The Principles for Guiding Development for the Apalachicola Bay Area of Critical State Concern are set forth in section 380.0555(7), Florida Statutes.

    8. The Ordinance is consistent with the Principles for Guiding Development in section 380.0555(7), Florida Statutes, as a whole.

    WHEREFORE, IT IS ORDERED that the Department finds that the City of Apalachicola Ordinance No. 2017-04 is consistent with the City of Apalachicola’s Comprehensive Plan and the Principles for Guiding Development for the Apalachicola Bay Area of Critical State Concern and is hereby APPROVED.

    This Final Order becomes final 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 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 FINAL 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 1st day of June, 2017.

    /s/

    Agency Clerk

    Department of Economic Opportunity

    107 East Madison Street, MSC 110

    Tallahassee, FL 32399-4128

     

    By Certified U.S. Mail:

    The Honorable Van W. Johnson, Sr., Mayor

    Recreation & Community Service Complex

    192 Coach Wagoner Boulevard, Suite 1

    Apalachicola, Florida 32320

     

    Deborah Guillotte, City Clerk

    Apalachicola City Hall

    1 Avenue E.

    Apalachicola, Florida 32320

     

    Cindy Clark, City Planner

    Apalachicola City Hall

    1 Avenue E.

    Apalachicola, Florida 32320

     

    Lee Mathes, City Administrator

    Apalachicola City Hall

    1 Avenue E.

    Apalachicola, Florida 32320

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