DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-18-044
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY THE CITY OF GROVELAND
ORDINANCE NO. 2018-06-16
FINAL ORDER
APPROVING CITY OF GROVELAND ORDINANCE NO. 2018-06-16
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 Groveland, Florida, Ordinance No. 2018-06-16 (the “Ordinance”).
FINDINGS OF FACT
1. The Green Swamp Area is designated by section 380.0551, Florida Statutes, as an area of critical state concern. The City of Groveland (“City”) is a local government within the Green Swamp Area.
2. The Ordinance was adopted by the City on July 2, 2018, and rendered to the Department on July 5, 2018.
3. The Ordinance amends the Groveland Code of Ordinances to add Article III in Chapter 101, which establishes public notice requirements, in addition to those required by state law, to provide its residents, businesses, and land owners within the City the opportunity to be notified of land use measures or deviations from the City’s land development use and development regulations coming before the land planning agency or City council.
CONCLUSIONS OF LAW
4. 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.
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 generally, as required by subsection 163.3177(1), Florida Statutes, and is not inconsistent with any specific policies.
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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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 Green Swamp Area of Critical State Concern are set forth in subsection 28-26.003(1), Florida Administrative Code.
8. The Ordinance is consistent with the Principles for Guiding Development as a whole, and is not inconsistent with any principles.
WHEREFORE, IT IS ORDERED that the Department finds that the City of Groveland Ordinance No. 2018-06-16 is consistent with the City of Groveland Comprehensive Plan and 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/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 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 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 subsection120.57(1), Florida statutes, or Section 120.569 and subsection 120.57(2), Florida statutes. Mediation is not available.
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, 2018.
/s/Stephanie Webster
Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Dina Sweatt, Mayor, City of Groveland, 156 South Lake Avenue, Groveland, FL 34736
Virginia Wright, City Clerk, City of Groveland, 156 South Lake Avenue, Groveland, FL 34736
Brenda Ryan, Planning Manager, City of Groveland, 156 South Lake Avenue, Groveland, FL 34736
