DCA Final Order No.: DCA11-OR-141
In re: POLK COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
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FINAL ORDER
The Department of Community Affairs (the “Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and (11), Florida Statutes, (2010), approving Polk County Ordinance No. 11-008.
FINDINGS OF FACT
1. The Green Swamp Area is a statutorily designated area of critical state concern, and
2. On
3. Proposed Ordinance No. 11-008 amends Ordinance No. 00-09, Land Development Code, amending the Use Tables in Chapters 2, 4, and 5 providing for Permitted and Conditional Use Reviews; amending Chapter 2, Land Use Districts and Regulations; amending Chapter 7, Site Development Standards, providing for Site Development Criteria; and amending Chapter 10, Definitions, providing for definitions to address a new use know as Agritourism.
4. Proposed Ordinance No. 11-008 amends Section 222.D of the Polk County Land Development Code to allow general farming and animal grazing uses in all land use categories; amends Chapter 2 of the Land Development Code to include Section 229 Agritourism identifying the criteria, level of review and associated regulations for the development of Agritourism uses; and amends Chapters 7 and 10 to include parking and buffering regulations as well as definitions for Agritourism.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that are enacted, amended or rescinded by any local government in the Green Swamp Area of Critical State Concern. §§ 380.05(6) and (11),
6.
7. “Land development regulations” include local zoning, subdivision, building and other regulations controlling the development of land. § 380.031(8),
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 All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (
9. Ordinance No. 11-008 furthers Principles for Guiding Development, paragraphs 28-26.003(1)(a) and (b), Florida Administrative Code.
(a) Minimize the adverse impacts of development on resources of the Floridan Aquifer, wetlands, and flood-detention areas.
(b) Protect the normal quantity, quality and flow of ground water and surface water which are necessary for the protection of resources of state and regional concern.
10. Ordinance No. 11-008 is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
11. Ordinance No. 11-008 is consistent with the Polk County Comprehensive Plan and furthers Future Land Use Policies 2.132-D4 and 2.132-E19.
WHEREFORE, IT IS ORDERED that Ordinance No. 11-008 is found to be consistent with the Principles for Guiding Development of the Green Swamp Area of Critical State Concern, and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below.
DONE AND ORDERED in
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J. Thomas Beck, AICP
Director, Division of Community Planning
Department of Community Affairs
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
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
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
IF YOU DESIRE EITHER AN
THE PETITION MUST MEET THE FILING REQUIREMENTS IN SUBSECTION 28-106.104(2),
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE
YOU WAIVE THE RIGHT TO AN
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 22nd day of July, 2011.
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Paula Ford, Agency Clerk
By
Michael F. Craig, Esq.
Drawer AT01
Thomas Deardorff, Director
Growth Management Department
Edwin V. Smith, Chairman
Board of
P. O. 9005, Drawer BC01