Duval FL Administrative law, Environmental Law and Governmen -- eLawyers

19-002515GM AMELIA TREE CONSERVANCY, INC. vs CITY OF FERNANDINA BEACH (2019)

Division of Administrative Hearings, Florida Filed: May 14, 2019

Whether the City of Fernandina Beach (“City” or “Respondent”) Future Land Use Map Amendment, adopted by Ordinance 2019-08 (“FLUM Amendment”), qualifies as a small scale development amendment to the City Future Land Use Map (“FLUM”); and, if so, whether the FLUM Amendment is “in compliance” as that term is used in section 163.3187(5)(a), Florida Statutes (2018).1/Petitioners failed to prove that the Future Land Use Map Amendment for the Amelia Bluff Subdivision was not in compliance with the Fernandina Beach Comprehensive Plan.

19-002544GM SIERRA CLUB vs CITY OF FERNANDINA BEACH (2019)

Division of Administrative Hearings, Florida Filed: May 16, 2019

Whether the City of Fernandina Beach (“City” or “Respondent”) Future Land Use Map Amendment, adopted by Ordinance 2019-08 (“FLUM Amendment”), qualifies as a small scale development amendment to the City Future Land Use Map (“FLUM”); and, if so, whether the FLUM Amendment is “in compliance” as that term is used in section 163.3187(5)(a), Florida Statutes (2018).1/Petitioners failed to prove that the Future Land Use Map Amendment for the Amelia Bluff Subdivision was not in compliance with the Fernandina Beach Comprehensive Plan.

10-000912GM ADJUTANT GENERAL AND DEPARTMENT OF MILITARY AFFAIRS vs CLAY COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS (2010)

Division of Administrative Hearings, Florida Filed: Feb. 22, 2010

The Camp Blanding Joint Training Center ("Camp Blanding" or the "Camp") is in Clay County (the "County"). As the local government with land use authority over lands adjacent to and in close proximity to Camp Blanding, the County is required to amend or update the future land use element of its adopted comprehensive plan "to include criteria to be used to achieve the compatibility of lands adjacent or closely proximate to" the Camp. See § 163.3177(6)(a), Fla. Stat. (2009).1/ The County adopted Clay County Comprehensive Plan Amendment 09-1MIL in Ordinance No. 2009-65 in order to fulfill the statutory requirement.2/ The issue in this case is whether the Amendment is "in compliance" as that term is defined in section 163.3184(1)(a), Florida Statutes. To be in compliance the Amendment must be consistent with section 163.3177. Petitioners' specific contentions are that the Amendment is not consistent with subsections (6)(a) and (8)3/ of section 163.3177.4/It is "fairly debatable" that Clay County, over Camp Blandings objections, re-acted appropriately to data and analysis in adopting its military installation Amendment to Clay County Comp. Plan. Amendment is in compliance.

92-005017 LAKE BROOKLYN CIVIC ASSOCIATION, INC. vs FLORIDA ROCK INDUSTRIES AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1992)

Division of Administrative Hearings, Florida Filed: Aug. 20, 1992

The issue is whether Florida Rock Industries' application for renewal of its consumptive use permit to pump water at its Goldhead Sand Mine in Clay County, Florida, should be granted.Mining operations not responsible for declining levels of water in nearby lakes. Permit issued.

93-001499 HELEN C. SUTTON vs TANA HUBBARD AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1993)

Division of Administrative Hearings, Florida Filed: Mar. 15, 1993

The issues for determination in this proceeding are whether Respondent, Department of Environmental Protection (the "Department"), should issue a permit for an existing retaining wall and dock located at the residence of Respondent, Tana Hubbard ("Hubbard"), in waters of the state; and whether the Department should issue an after-the-fact consent of use for the dock.Single family dock in waters of the State and sovereign submerged lands is entitled to dredge and fill permit and consent of use.

90-008083 RICHARD EKLER AND DENISE HOK vs UNIVERSITY OF NORTH FLORIDA AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1990)

Division of Administrative Hearings, Florida Filed: Dec. 21, 1990

Whether Respondent University of North Florida should be issued a Management and Storage of Surface Waters ("MSSW") permit and a Wetlands Resource Management ("dredge and fill") permit, both related to road construction at the University.Management and Storage of Surface Water project not harmful to water resources, not violative of water quality standards, should be approved.

20-001594GM JONATHAN LIVINGSTON AND LAKSHMI GOPAL vs CITY OF JACKSONVILLE, FLORIDA (2020)

Division of Administrative Hearings, Florida Filed: Mar. 26, 2020

The issue to be determined in this proceeding is whether a small scale development amendment to the future land use map of the City of Jacksonville's 2030 Comprehensive Plan, adopted by Ordinance No. 2019-750-E on February 25, 2020 (the Ordinance), is "in compliance," as that term is defined in section 163.3184(1)(b), Florida Statutes.Petitioners did not prove beyond fair debate that the small scale comprehensive plan amendment application for a future land use map change was not "in compliance," as defined under section 163.3184.

Emily Gordinier Pierce