DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-16-125
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF APALACHICOLA,
ORDINANCE NO. 2011-01
_______________________________________________
FINAL ORDER
APPROVING APALACHICOLA ORDINANCE NO. 2011-01
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to sections 380.05(6) and 380.0555(9), Florida Statutes, approving land development regulations adopted by the City of Apalachicola, Ordinance No. 2011-01 (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 February 8, 2011, and rendered to the Department on October 16, 2015.
3. The Ordinance amends the City’s Land Development Regulations to establish parameters and requirements for the protection of native patriarch trees.
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. §§ 380.05(6) and 380.0555(9), Fla. Stat.
5. The City, is a local government within the Apalachicola Bay Area of Critical State Concern. § 380.0555, Fla. Stat.
6. The Ordinance is consistent with the City’s Comprehensive Plan as required by section 163.3177(1), Florida Statutes, generally, and specifically Coastal Management Element Objective 2, Policy 2.8, Policy 13.4; and Conservation Element Policy 5.4 and Objective 8.
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. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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) and 380.0555(9), Fla. Stat. The Principles for Guiding Development for the Apalachicola Bay Area of Critical State Concern are set forth in section 380.0555(7), Florida Statutes.
9. The Ordinance is consistent with the Principles for Guiding Development in section 380.0555(7), Florida Statutes, as a whole, and is specifically consistent with the following Principle:
(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.
WHEREFORE, IT IS ORDERED that the Department finds that the City of Apalachicola Ordinance No. 2011-01 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 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/
Taylor Teepell, 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.
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 23rd day of August, 2016.
/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
