DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
DEO Final Order No. DEO-19-022
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY THE BOARD OF COUNTY
COMMISSIONERS OF LAKE COUNTY,
FLORIDA, BY ORDINANCE NO. 2019-34
_________________________________________________
FINAL ORDER
APPROVING LAKE COUNTY ORDINANCE 2019-34
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 Board of County Commissioners of Lake County, Florida (“County”), Ordinance 2019-34 (“Ordinance”).
FINDINGS OF FACT
1. The Green Swamp Area is designated by Section 380.0551, Florida Statutes, as an area of critical state concern. Lake County is a local government within the Green Swamp Area.
2. The Ordinance was adopted by the County on June 11, 2019, and rendered to the Department on June 17, 2019.
3. The Ordinance amends Section 6.06.01 and Section 3.09.00 of the County’s Land Development Regulations.
4. Section 6.06.01, relating to mining, is amended to clarify the circumstances and procedures that are required for excavation on agricultural properties.
5. Section 3.09.00, relating to lighting, is amended to apply existing provisions to all nonresidential development, which is defined to include agricultural uses, commercial uses, industrial uses, community facility uses, and recreational uses.
CONCLUSIONS OF LAW
6. 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 § 380.05(6), Fla. Stat.
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. The Ordinance is consistent with the County’s Comprehensive Plan as required by Section 163.3177(1), Florida Statutes, generally, and is specifically consistent with Policy 1-4.3.7 and Policy 1-4.1.5 of the County’s Plan.
9. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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 § 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.
10. The Ordinance is consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern as a whole, and is not inconsistent with any Principle.
WHEREFORE, IT IS ORDERED that the Department finds that Lake County Ordinance 2019-34 is consistent with the Lake County Comprehensive Plan and the Principles for Guiding Development for the Green Swamp 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, 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 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 subsection 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 August, 2019.
/s/Taya Orozco, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail: Leslie Campione, Chair, Lake County Board of County Commissioners, P.O. Box 7800, Tavares, FL 32778
Gary J. Cooney, Clerk, Lake County Clerk of the Circuit, Court and Comptroller, P.O. Box 7800, Tavares, FL 32778
