DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-18-048
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF APALACHICOLA,
ORDINANCE NO. 2018-02
FINAL ORDER
APPROVING APALACHICOLA ORDINANCE NO. 2018-02
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. 2018-02 (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 July 10, 2018, and rendered to the Department on July 14, 2018.
3. The Ordinance amends the City’s Land Development Regulations by amending sections II and IV and creating section XI of the Land Development Code. The Ordinance adds the definition of Large Scale Commercial Activity to section II. The Ordinance establishes parking mitigation standards for the C-1, C-4, and RF districts. The Ordinance also amends section IV to allow on street parking in the C-1, C-4, and RF districts and requires the City to determine the number of publicly owned parking spaces that are available for use as a parking mitigation in the C-1, C-4, and RF district.
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 Section 380.05(6), Florida Statutes.
5. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. Section 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 section 163.3177(1), Florida Statutes, generally, and specifically Policies 4.1, 4.5, and 5.2.
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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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 Section 380.05(6), Florida Statutes. The Principles for Guiding Development for the Apalachicola Bay Area of Critical State Concern are set forth in section 380.0555(7), Florida Statutes.
8. 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 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.
(c) Growth and diversification of the local economy shall be fostered only if it is consistent with protecting the natural resources of the Apalachicola Bay Area through appropriate management of the land and water systems.
WHEREFORE, IT IS ORDERED that the Department finds that the City of Apalachicola Ordinance No. 2018-02 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 in Tallahassee, Florida.
/s/
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 Section 120.569 and subsection120.57(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 4th day of September, 2018.
/s/
Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By 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
