DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-20-031
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF APALACHICOLA,
ORDINANCE NO. 2020-03
_______________________________________________
FINAL ORDER
APPROVING APALACHICOLA ORDINANCE NO. 2020-03
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 the City of Apalachicola (“City”), Ordinance No. 2020-03 (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 May 5, 2020 and rendered to the Department on May 8, 2020.
3. The Ordinance amends the City’s Land Development Regulations by amending and adding several definitions related to stormwater, open space, and fill. Additionally, the Ordinance repeals and replaces Section VII, Site Plan Review Regulations and establishes procedures and standards for the preparation, review, and approval of development plans, including site plan application, review, decisions, and requirements. Finally, the Ordinance repeals and replaces Section VIII, Stormwater Management Plans.
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.
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 City’s Comprehensive Plan as required by subsection 163.3177(1), Florida Statutes, generally, and is specifically consistent with Future Land Use Element Policy 1.6, Policy 3.4, Policy 4.6 and Future Land Use Element Objective 5.
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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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 subsection 380.05(6), Florida Statutes. The Principles for Guiding Development for the Apalachicola Bay Area of Critical State Concern are set forth in subsection 380.0555(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development in subsection 380.0555(7), Florida Statutes, as a whole, and is specifically consistent with the following Principles:
(a) Land development shall be guided so that the basic functions and productivity of the Apalachicola Bay Area’s natural land and water systems will be conserved to reduce or avoid health, safety, and economic problems for present and future residents of the Apalachicola Bay Area.
(b) Land development shall be consistent with a safe environment, adequate community facilities, a superior quality of life, and a desire to minimize environmental hazards.
(d) Aquatic habitats and wildlife resources of the Apalachicola Bay Area shall be conserved and protected.
(e)Water quantity shall be managed to conserve and protect the natural resources and the scenic beauty of the Apalachicola Bay Area.
(f)The quality of water shall be protected, maintained, and improved for public water supplies, the propagation of aquatic life, and recreational and other uses which are consistent with these uses.
(h)Stormwater discharges shall be managed in order to minimize their impacts on the bay system and protect the uses as set forth in paragraph (f).
WHEREFORE, IT IS ORDERED that the Department finds that the City of Apalachicola Ordinance No. 2020-03 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 this 7th day of July, 2020, in Tallahassee, Florida.
/s/Mario Rubio, Mario Rubio, 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, BY FILING A PETITION.
A petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of 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, agency.clerk@deo.myflorida.com.
You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE rEGISTER.
For the required contents of a petition challenging agency action, refer to subsections 28-106.104(2), 28-106.201(2), and Section 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 section 120.569 and subsections 120.57(1), Florida statutes, or Section 120.569 and subsection 120.57(2), Florida statutes.
Pursuant to section 120.573, florida statutes, and chapter 28, part iv, florida administrative code, YOU ARE NOTIFIED THAT mediation is not available.
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 7th day of July, 2020.
/s/Janay Lovett, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Kevin Begos, Mayor, Apalachicola City Hall, 192 Coach Wagoner Boulevard, Apalachicola, Florida 32320
Deborah Guillotte, City Clerk, Apalachicola City Hall, 192 Coach Wagoner Boulevard, Apalachicola, Florida 32320
Cindy Clark, City Planner, Apalachicola City Hall, 192 Coach Wagoner Boulevard, Suite 1, Apalachicola, Florida 32320
Travis Wade, City Manager, Apalachicola City Hall, 192 Coach Wagoner Boulevard, Apalachicola, Florida 32320
