DEPARTMENT OF ECONOMIC OPPORTUNITY\Division of Community Development
Final Order, DEO-14-091
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY LAKE COUNTY
ORDINANCE NO. 2014-03
_______________________________________________
FINAL ORDER
APPROVING LAKE COUNTY ORDINANCE NO. 2014-03
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and (11), Florida Statutes, approving land development regulations adopted by Lake County, Florida, Ordinance No. 2014-03 (the “Ordinance”).
FINDINGS OF FACT
The Green Swamp Area is designated by § 380.0551, Florida Statutes, as an area of critical state concern. Lake County is a local government within the Florida Keys Area.
The Ordinance was adopted by Lake County on January 28, 2014, and rendered to the Department on June 5, 2014.
The Ordinance amends Appendix E, Chapter II (Definitions); Appendix E, Chapter IX (Development Design and Improvements Standards), Section 9.10.00 (Commercial Design Standards); and Appendix E, Chapter XIV (Administration), Section 3.06.00 (Site Plans) These amendments change certain definitions for design review standards and create land development regulations for commercial design standards including site design standards, pedestrian circulation, and alternative design solutions.
CONCLUSIONS OF LAW
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), Florida Statutes.
Lake County is a local government within the Green Swamp Area of Critical State Concern. §380.0551, Florida Statutes and Florida Administrative Code Chapter 28-26.
“Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Florida Statutes. The regulations adopted by the Ordinance are land development regulations.
All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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). 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.
The Ordinance is consistent with Policy I-7.2.1, Policy I-7.5.9, Policy I-7.5.11, Policy I-2.3.13, Policy I-2.3.14, Policy I-1.4.2 and Policy I-1.1.1 of the Lake County Comprehensive Plan.
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 Lake County Ordinance No. 2014-03 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/___________________________
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 OPPORTUNITY FOR 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 PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. 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)245-7160
FAX (850)921-3230
Email: James.Bellflower@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 SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH 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 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
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 _10__ day of __July__, 2014.
/s/___________________________
James W. Bellflower, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Jimmy Conner, Chairman
Lake County Board of County Commissioners
P. O. Box 7800
Tavares, FL 32778-7800
Neil Kelly, Clerk
Lake County Board of County Commissioners
P. O. Box 7800
Tavares, FL 32778-7800
Amye King, Director
Lake County Department of Growth Management
P. O. Box 7800
Tavares, FL 32778-7800
