"Need" requirement for development upheld in Ocala area case vs. developer

Fla. Cabinet rejects development plan
By BILL KACZOR Associated Press Writer

TALLAHASSEE, Fla. — Gov. Charlie Crist and the Florida Cabinet rejected a proposed 800-home development in Marion County after being told that approving it would just aid a ballot initiative to give voters veto power over such projects. Department of Community Affairs Secretary Tom Pelham offered that warning before the panel's unanimous vote.

The proposed Hometown Democracy Amendment that's on the November 2010 ballot would require referendums on amendments to city and county comprehensive plans such as the one turned down by the Cabinet. The measure is opposed by business and development interests and many state and local politicians including Crist. Pelham's agency originally had approved the development in Marion County horse country but later acknowledged it had made a mistake after two citizens, Ocala residents Susan Woods and Karen Recio, appealed without help from a lawyer.

An administrative law judge also sided with the women. They argued the development was out of character for the area and failed to meet a need requirement in the midst of a glut in the housing market. Development interests now were urging the Cabinet to take away their hard-won victory, Pelham said. "To do that would send a terrible message to the citizens of this state," he said. "The message would be 'Don't bother. You can participate all you want at the local level, but up the line the system's not going to protect your rights.'"Pelham then said that would "pour more fuel on the fires of Hometown Democracy." He also pointed out local governments and developers are rushing to get comprehensive plans changed before next year's election.

Hometown Democracy co-founder Ross Burnaman watched from a front-row seat. He later said the decision did not disprove a need for the amendment to rein in rampant development and sprawl. "They had to go through 2 1/2 years of hell, and then fight off the development mafia that made a last-minute run to overturn their victory," Burnaman said. "Does that sound like it works? "It also may not be a lasting victory.

Linda Shelley, one of Pelham's predecessors who appeared on behalf of the property owners, urged the panel to delay action to give Marion County a chance to revise its need provision. That would be like changing the rules after the game's started, Pelham said, but he acknowledged the land owners could try again if that happens.

Attorney General Bill McCollum said he sympathized with the family that wants to develop its property but agreed with Pelham that reversing the department and administrative law judge would set a bad precedent.
September 15, 2009 - 4:08 p.m. PDT