96-005124GM St. George Plantation Owners` Association, Inc. vs. Franklin County Status: Closed Recommended Order on Thursday, February 13, 1997.

Summary: Where proposed use of land involves more than ten acres, amendment cannot qualify as small scale amendment.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ST. GEORGE PLANTATION )

OWNERS' ASSOCIATION, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 96-5124GM

)

FRANKLIN COUNTY, )

)

Respondent, )

and )

)

BEN JOHNSON and COASTAL )

DEVELOPMENT CONSULTANTS, INC. )

)

Intervenors. )

_______________________________)

RECOMMENDED ORDER

Alexander, on December 19, 1996, in Apalachicola, Florida.

APPEARANCES

For Petitioner: Richard W. Moore, Esquire

E. Palmer Mason, Esquire

Post Office Drawer 1759

Tallahassee, Florida 32302-1759

For Respondent: Alfred O. Shuler, Esquire

Post Office Drawer 850

Apalachicola, Florida 32320-0850

For Intervenors: L. Lee Williams, Esquire

Russell D. Gautier, Esquire

Post Office Box 1169

Tallahassee, Florida 32302-1169

STATEMENT OF THE ISSUE

22 on October 3, 1996, is in compliance.

PRELIMINARY STATEMENT

On December 5, 1996, intervenors, Ben Johnson and Coastal Development

Consultants, Inc., were authorized to intervene in this proceeding.

on December 19 and 20, 1996, in Apalachicola, Florida.

and 7. All exhibits were received in evidence.

of this Recommended Order.

FINDINGS OF FACT

following findings of fact are determined:

A. Background

a. The parties

on October 3, 1996.

2. Petitioner, St. George Plantation Owners Association, Inc.

and thus it has standing to bring this action.

amendment being challenged.

b. The nature of the dispute

activities."

with the 1977 DRI order. The first part of the project consists of

designation of residential.

to provide advice concerning the procedure to be followed.

Use Map (FLUM) for 9.6 acres from residential to commercial.

163.3187(1)(c), Florida Statutes.

space, a beach club, a 325 seat conference center, various support and

recreational facilities, and a wastewater treatment plant.

size of Phase I from 9.6 to approximately 14.6 acres.

22.

B. The Wastewater Treatment Facility

gallons of treated effluent per day.

effluent is disbursed.

only serve Phase I and any other subsequent phases of Resort Village

development, which is a commercial development.

aerobic systems to handle and treat waste effluent.

scale development amendment and is thus not in compliance.

That policy reads as follows:

Public utilities needed to provide essential

service to existing and future land uses in

Franklin County shall be permitted in all

the land use classifications established by

this plan. Public utilities includes all

utilities (gas, water, sewer, electrical,

telephone, etc.) whether publicly or

privately owned.

will be located.

implement the interpretation given at hearing.

use categories.

i) of

Administrative Code.

not be constructed for many years, depending on the rate and amount of

ignoring the remainder.

CONCLUSIONS OF LAW

163.3187(1)(c), Florida Statutes.

subparagraph (1)(c)1. is in issue:

(c) Any local government comprehensive plan

amendments directly related to proposed

small scale development activities may be

approved without regard to statutory limits

on the frequency of consideration of

amendments to the local comprehensive plan.

A small scale development amendment may be

adopted only under the following conditions:

1. The proposed amendment involves a use

of 10 acres or fewer . . . :

* * *

requiring DCA review and approval.

which reads as follows:

(2) Comprehensive plans may only be amended

in such a way as to preserve the internal

consistency of the plan pursuant to

s. 163.3177(2).

disregarded.

not in compliance.

contention by the County and intervenors that, under Policy 2.3 of the

facility.

163, including section 163.3187(1)(c).

96-22 is not in compliance.

RECOMMENDATION

1)(c),

Florida Statutes.

____________________________________

DONALD R. ALEXANDER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 13th day of February, 1997.

COPIES FURNISHED:

Barbara Leighty, Clerk

Growth Management and Strategic Planning

The Capitol, Room 2105

Tallahassee, Florida 32399-0001

Richard W. Moore, Esquire

Post Office Drawer 1759

Tallahassee, Florida 32302-1759

Alfred O. Shuler, Esquire

Post Office Drawer 850

Apalachicola, Florida 32320-850

L. Lee Williams, Esquire

Post Office Box 1169

Tallahassee, Florida 32302-1169

Stephanie Gehres Kruer, Esquire

Department of Community Affairs

2555 Shumard Oak Boulevard, Suite 325-A

Tallahassee, Florida 32399-2100

Gregory C. Smith, Esquire

Office of the Governor

The Capitol, Room 209

Tallahassee, Florida 32399-0001

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

that will issue the final order in this case.