RULE NO: RULE TITLE
28-22: LAND PLANNING REGULATIONS FOR THE APALACHICOLA BAY AREA OF CRITICAL STATE CONCERN - FRANKLIN COUNTY
28-22.210: Amendment to Revised Zoning Code
28-22.211: Amendment to the City of Apalachicola Land Development Regulations
28-22.212: City of Apalachicola Planning Pause Ordinance
PURPOSE AND EFFECT: The purpose of the rules is to amend the City of Apalachicola’s land use regulations and zoning code; and establish a planning pause for preparation of amendments to comprehensive plan and land development regulations. The City of Apalachicola adopted Ordinances for this purpose to include:
Ordinance 2005-05 amends Section J of the City of Apalachicola land development code relating to the land use category description for C-1 Commercial Zone District. Ordinance 2006-01 amends the City of Apalachicola land use category description for the C-4 Commercial Zoning District to reflect what is allowed under the provisions of the comprehensive plan.
Ordinance 2005-08 provides additional clarity regarding the permitting of transient lodging facilities and establishes minimum criteria to ensure that transient lodging facilities do not become permanent living accommodations.
Ordinance 2005-09 provides a pause in permitting while staff prepares amendments to the comprehensive plan and land development regulations in order to bring consistency between the two documents and to further address impacts to the environment and community character. Ordinance 2006-02 amends 2005-09 concerning a temporary moratoria on the issuance of multi-family and hotel/motel units building permits. The moratoria was intended to last six months, but can be extended for finding of “good cause.” The modification involves clarification of Section 4 to identify that development within the C-1 General Commercial District and C-4 the Commercial District is exempt from the conditions of the moratoria.
SUMMARY: The City of Apalachicola adopted Ordinances to amend its land use regulations and zoning code; and establish a planning pause for preparation of amendments to comprehensive plan and land development regulations.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY:
LAW IMPLEMENTED:
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: October 26, 2006, 10:00 a.m.
PLACE: Room 2103, 21st Floor, The Capitol, Tallahassee, Florida 32399-0001
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone (850)487-1884. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone (850)487-1884.

THE FULL TEXT OF THE PROPOSED RULE IS:

28-22.210 Amendment to Revised Zoning Code.

As adopted by the Apalachicola City Commission on August 2, 2005, and approved by the Administration Commission, Ordinance 2005-05, amending “Section J-Schedule of District Regulations, C-1 General Commercial District,” is hereby incorporated by reference. As adopted by the Apalachicola City Commission on February 7, 2006, and approved by the Administration Commission, Ordinance 2006-01, amending “Section J – Schedule of District Regulations, C-4 Commercial District,” is hereby incorporated by reference.

Specific Authority 380.0555(9) FS. Law Implemented 380.0555(7), (9) FS. History–New ________.

28-22.211 Amendment to the City of Apalachicola Land Development Regulations.

As adopted by the Apalachicola City Commission on September 27, 2005, and approved by the Administration Commission, Ordinance 2005-08, known as the Transient Lodging Ordinance of the City of Apalachicola, is hereby incorporated by reference.

Specific Authority 380.0555(9) FS. Law Implemented 380.0555(7), (9) FS. History–New________.

28-22.212 City of Apalachicola Planning Pause Ordinance.

Adoption of the City of Apalachicola’s Ordinance 2005-09, as adopted by the City of Apalachicola on September 27, 2005, and amended by the City of Apalachicola’s Ordinance 2006-02, as adopted by the City of Apalachicola on February 7, 2006, and approved by the Administration Commission, is hereby incorporated by reference, as an ordinance establishing a planning pause in the City of Apalachicola, Florida. Ordinances 2005-09 and 2006-02 relate to the establishment of a prohibition on the acceptance of development permit applications for new hotels/motels, townhouses, multifamily residential and/or condominiums; establishing duration and requirements for termination and extension; establishing exemptions; providing for severability; and providing an effective date.

Specific Authority 380.0555(9) FS. Law Implemented 380.0555(7), (9) FS. History–New________.