DCA Final Order No. DCA07-OR-039
In re: A LAND DEVELOPMENT
REGULATION ADOPTED BY
ORDINANCE NO. 06-1261
The Department of Community Affairs (the “Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and (11), Fla. Stat. (2006), approving a land development regulation adopted by
FINDINGS OF FACT
1. On December 14, 2006, the Department received for review Haines City Ordinance No. 06-1261, which was adopted by the City Commission of Haines City on December 6, 2006. Ordinance No. 06-1261 amends Chapter 6 of the Haines City Land Development Code to establish the U.S. 27/North Ridge Selected Area Plan.
2. The amendments to the Land Development Code contained in Ordinance No. 06-1261 implement the U.S. 27/North Ridge Selected Area Plan (SAP), which was adopted into the Polk County Comprehensive Plan as a proactive response to the high degree of urbanization anticipated over the next twenty years. The amendments include land use size and dimension standards as well as land use densities and intensities for the zoning districts within the SAP. The Conservation district (CONSV-NR) limits development to environmentally non-damaging access points and trails and conservation and resource-based, non-motorized recreational uses, which include a conservation easement on verified wetlands. Additionally, the amendments provide that, within the Green Swamp Protection Area, development shall not alter the natural function of wetlands and aquifer-recharge areas. The amendments further require proposed developments to be directed to upland areas and avoid adverse impacts to wetlands so that the natural functions of the wetlands shall be protected and conserved.
3. Ordinance No. 06-1261 is consistent with the City’s Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are enacted, amended or rescinded by any local government in the Green Swamp Area of Critical State Concern.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. “Land development regulations” include local zoning, subdivision, building and other regulations controlling the development of land. § 380.031(8),
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 All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the “Principles”). § 380.05(6),
8. The Ordinance furthers Principle (a): minimize the adverse impacts of development on resources of the Floridian Aquifer, wetlands, and flood-detention areas by allowing Haines City to develop an environmentally sensitive plan which encourages a high quality living environment through an efficient urban-growth pattern based on a balance of employment activities, residential and nonresidential uses, a range of housing opportunities, and short vehicle trips between housing, employment, and shopping in harmony with the special factors of the Green Swamp.
9. The Ordinance furthers Principle (h): protect the water-retention capabilities of wetlands and Principle (i) protect the biological-filtering capabilities of wetlands by allowing
10. The Ordinance is consistent with the Principles for Guiding Development in Rule 28-26.003, Florida Administrative Code as a whole and is not inconsistent with any principle.
WHEREFORE, IT IS ORDERED that Ordinance No. 06-1261 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
Charles Gauthier, 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 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
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 THE AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF GENERAL COUNSEL,
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 INFORMATION REQUIRED BY RULE 28-106.402,
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 Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished to the persons listed below by the method indicated this 28th day of March, 2007.
Paula Ford, Agency Clerk
The Honorable Horace West
Richard D. Greenwood
Director of Community Development
Thomas A. Cloud, City Attorney
Gray Robinson P.A.