DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community DevelopmentFinal Order No. DEO-12-111
In re: CITY OF AUBURNDALE, FLORIDA, LAND
DEVELOPMENT REGULATIONS
_______________________________________________/
FINAL ORDER
APPROVING REGULATIONS IN PART AND DISAPPROVING IN PART
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to Section 380.05(6), Florida Statutes (2012), approving in part and disapproving in part land development regulations adopted by the City of Auburndale, Florida.
FINDINGS OF FACT
1. Through municipal annexations, the City of Auburndale now includes certain land included within the Green Swamp Area of Critical State Concern under Section 380.0551, Florida Statutes (2012), and is now a local government within an area of critical state concern.
2. 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. Sections 380.05(6) and (11), Florida Statutes (2012).
3. The City of Auburndale rendered all of its land development regulations to the Department for review on June 14, 2012.
Regulations Consistent With Principles for Guiding Development
4. The following Auburndale land development regulations are consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and with Objective 4 and Policy 4.1 of the City of Auburndale Comprehensive Plan:
a. All of Chapters 1-4, 7-13, 15-21, and 23-24 (there is no Chapter 22).
b. Chapter 5 except for those regulations identified in paragraph 5 below.
c. Chapter 6 except for Section 6.1.1 described in paragraph 5 below.
d. Chapter 14 except for those regulations identified in paragraph 5 below.
Regulations Not Consistent With Principles for Guiding Development
5. The following Auburndale land development regulations are NOT consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern because they are not consistent with the City of Auburndale Comprehensive Plan in effect on the date of this Final Order:
Regulation: Reason the Regulation is not Consistent with the Principles for Guiding Development – Inconsistency with City Comprehensive Plan and Identified Principles for Guiding Development, if any
CHAPTER 5
Sec. 5.6.1.7
Not consistent with setbacks required by Policy 11.16(b) governing development within wetlands, lakes and floodplains
Sec. 5.6.2.2.2
Allows uses (public and private educational facilities) inconsistent with Policy 11.6, Agricultural Residential land use classification in the Auburndale Green Swamp Protection Area (AGSPA)
Sec. 5.6.2.4
Allows uses (golf courses, country clubs, and new cemeteries) not consistent with Policy 11.6, Agricultural Residential in the AGSPA
Sec. 5.6.3.4
Allows uses (golf courses and country clubs) not consistent with Policy 11.6
Sec. 5.6.5.4
Allows special exception uses that are not consistent with Policy 11.6
Sec. 5.6.6.2.3
Allows uses (public and private educational facilities) that are not consistent with uses allowed under Policy 11.6
Sec. 5.6.6.4.1
Allows uses (gold course and country club) not consistent with Policy 11.6
Sec. 5.6.6.4.2
Allows a use (new cemeteries) not consistent with Policy 11.6
Sec. 5.6.6.4.4
Allows a use (funeral homes) not consistent with Policy 11.6
Sec. 5.6.7.2.3
Allows uses (public and private educational facilities) to consistent with Policy 11.6
Sec. 5.6.7.4
Allows special exception uses (golf course, country club, new cemeteries, columbariums, funeral homes, certain commercial and professional facilities, supervised living facilities, and bed and breakfast inns) not consistent with Policy 11.6
Sec. 5.6.8.2.1
Allows uses (public and private educational facilities) not consistent with Policy 11.6
Sec. 5.6.8.2.9
Allows uses (hospitals, etc.) not consistent with Policy 11.6
Sec. 5.6.8.2.10
Allows uses (medical and dental clinics) not consistent with Policy 11.6
Sec. 5.6.8.2.15
Allows a use (funeral homes) not consistent with Policy 11.6
Sec. 5.6.8.3.6
Provides a use (funeral homes) that is not allowed under Policies 11.6 – 11.10, 11.12 and 11.13
Sec. 5.6.8.11.2
Allows uses (elementary and high schools) not consistent with Policies 11.9, 11.10, 11.12 and 11.13
Sec. 5.6.8.11.9
Allows uses (funeral homes, private clubs) not consistent with Policy 11.6
Sec. 5.6.8.11.11
Allows a use (hospitals) not consistent with Policy 11.6
Sec. 5.6.10.2.9
Allows a use (funeral homes) not consistent with Policy 11.6
Sec. 5.6.10.2.10
Allows a use (vocational schools) not consistent with Policy 11.6
Sec. 5.6.11.2.4
Allows dyeing establishments in the General Commercial land use district - not consistent with uses allowed under Policy 11.6 Sec. 5.6.11.2.9
Allows a use (funeral homes) not consistent with Policy 11.6
Sec. 5.6.12.2.8
Allows a use (truck stops) not consistent with Policy 11.6
Sec. 5.6.13
Allows uses in the Central Business District that are not consistent with Policy 11.6
Sec. 5.6.14
Allows uses in the Light Industrial District that are not consistent with Policy 11.6
Sec. 5.6.15
Allows uses in the Heavy Industrial district that are not consistent with Policy 11.6
CHAPTER 6
Sec. 6.1.1
Allows increases in land use intensity not consistent with Policies 11.6, 11.9, 11.10, 11.12 and 11.13
CHAPTER 14
Sec. 14.1.6.3 and 14.1.6.7
Allows development of private camps in a 100 year flood plain, which is not consistent with Policies 11.16 and 11.4
Sec. 14.1.9.1
Allows a use (commercial fishing camps) that is not consistent with Policies 11.4 and 11.16
Sec. 14.1.9.3
Allows uses (commercial campground or recreational area) not consistent with Policies 11.4 and 11.16
Sec. 14.1.9.5
Allows a use (private camps sponsored by nonprofit organizations) not consistent with Policies 11.4 and 11.16
Sec. 14.1.9.7
Allows uses (major grading, filling, excavating and dredging) not consistent with Policies 11.4 and 11.16
Sec. 14.1.10
Standards for Special Exceptions (flood and erosion control works, structures in navigable waters, grading, filling, excavating and dredging) - not consistent with Policies 11.4 and 11.16; not consistent with Principles for Guiding Development 2, 10 and 11
Sec. 14.1.12
Unrestricted maximum lot coverage by all structures - not consistent with Policies 11.8, 11.11, and 11.14
CONCLUSIONS OF LAW
6. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The regulations submitted to the Department by the City on June 14, 2012, are land development regulations.
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. Section 380.05(6), Florida Statutes. The Principles for Guiding Development for the Green Swamp Area of Critical State Concern are set forth in Rule 28-27.002, Florida Administrative Code.
WHEREFORE, IT IS ORDERED that the land development regulations identified in paragraph 4 above are consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and are hereby APPROVED.
IT IS FURTHER ORDERED that the land development regulations identified in paragraph 5 above are not consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern, are NOT APPROVED, and are not effective on land areas within the City that are part of the Green Swamp Area of Critical State Concern.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
__/s/___________________________________
J. THOMAS BECK, AICP
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 COMMUNITY AFFAIRS 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
THE PETITION MUST MEET THE FILING REQUIREMENTS IN SUBSECTION 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 SUBSECTION 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 persons listed below by the method indicated this 14th day of August, 2012.
_/s/____________________________
Miriam Snipes, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
Telephone: (850)717-8531
By U.S. Mail:
Honorable Jack Myers
Mayor, City of Auburndale
c/o City Manager’s Office
P. O. Box 186
Auburndale, FL 33823
Amy Palmer, AICP
Community Development Director
City of Auburndale
P. O. Box 186
Auburndale, FL 33823
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DEO, Tallahassee, FL
Sherry A. Spiers, Assistant General Counsel, DEO, Tallahassee, FL
