Katherine's Bay, LLC v. Fagan

52 So. 3d 19, 2010 Fla. App. LEXIS 19009, 2010 WL 5072509
CourtDistrict Court of Appeal of Florida
DecidedDecember 14, 2010
DocketNo. 1D10-939
StatusPublished
Cited by2 cases

This text of 52 So. 3d 19 (Katherine's Bay, LLC v. Fagan) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Katherine's Bay, LLC v. Fagan, 52 So. 3d 19, 2010 Fla. App. LEXIS 19009, 2010 WL 5072509 (Fla. Ct. App. 2010).

Opinion

LEWIS, J.

Katherine’s Bay, LLC, Appellant, seeks review of a final order issued by the Administration Commission (“the Commission”), which adopted an administrative law judge’s (“ALJ”) holding that a small-scale development amendment (“the Amendment”) to Citrus County’s Comprehensive Plan (“the Plan”) was invalid because it rendered the Plan internally inconsistent. The ALJ and the Commission recognized two grounds for finding the Amendment inconsistent with the Plan: first, that it violated a policy in the Plan’s Future Land Use Element (“FLUE”) requiring compatibility of land uses; and second, that it violated a policy in the Plan’s FLUE requiring the County to guide future development to areas with minimal environmental limitations. Appellant challenges both grounds. As to the first ground, Appellant argues that there was a lack of competent, substantial evidence to support the ALJ’s finding that the Amendment approved a future land use designation that was incompatible with the surrounding uses. We agree. As to the second ground, Appellant argues both that there was a lack of competent, substantial evidence to support the ALJ’s factual findings and that the ALJ’s ultimate conclusion resulted from an erroneous construction of the Plan. While we do find competent, substantial evidence of the findings the ALJ made in relation to the second ground, we hold that the findings did not support the conclusion that the Amendment rendered the Plan internally inconsistent. Because the ALJ’s conclusion that the Amendment rendered the Plan internally inconsistent is not supported by either of the FLUE policies at issue, we reverse and remand to the Commission for reinstatement of the ordinance.

[22]*22I. Facts and Procedural History

On May 26, 2009, the Citrus County Board of County Commissioners adopted an ordinance that amended the Plan’s Generalized Future Land Use Map (“GFLUM”), which is a part of the FLUE. The Amendment changed the future land use designation of a 9.9-acre parcel of land owned by Appellant, based on Appellant’s application for such a change.

The subject property is located in a geographic region defined by Citrus County as the “Coastal Area.” According to the Plan, “[t]he Coastal Area parallels the Gulf of Mexico, and the boundary may be described as following the west side of US-19 north from the Hernando County line to the Withlacoochee River.” The Plan notes that “[t]his boundary is the basis for an environmentally sensitive overlay zone to be used for land use regulatory purposes.”

Before the Amendment, the subject property was designated Low Intensity Coastal and Lakes (“CL”), which the Plan defines in pertinent part as follows:

Low Intensity Coastal and Lakes (CL)
This land use category designates those areas having environmental characteristics that are sensitive to development and therefore should be protected. Residential development in this district is limited to a maximum of one dwelling unit per 20 acres....
In addition to single family residential development, the following land uses may be allowed provided the permitted use is compatible with the surrounding area, and standards for development are met as specified in the Citrus County Land Development Code (LDC)[:]
• Multifamily residences (in existing platted areas only or in lieu of clustering single family units at a density of one unit per lot of record and requiring the recombination of said lots. For example, a duplex requires two lots to be recombined into a single parcel, a quadruplex four lots, etc.)
• Recreational uses
• Agricultural and Silviculture uses
• Public/Semi-Public, Institutional facilities
• Home occupations
• New railroad right-of-way, storage facilities, or related structures
• Communication towers
• Utilities
• Commercial fishing and marina related uses
• Commercial uses that are water related, water dependent, or necessary for the support of the immediate population[.]

The Amendment changed the subject property’s future land use category from CL to Recreational Vehicle Park/Campground (“RVP”), which the Plan defines in pertinent part as follows:

Recreational Vehicle Park/Campground (RVP)
This category is intended to recognize existing Recreational Vehicle (RV) Parks and Campgrounds, as well as to provide for the location and development of new parks for recreational vehicles. Such parks are intended specifically to allow temporary living accommodation for recreation, camping, or travel use.
New RV parks shall be required to preserve thirty percent (30%) of the gross site area as permanent open space, consistent with Policy 17.15.11 of this Plan. [23]*23In addition to RV/carapsite development, the following land uses as detailed in the Land Development Code, shall be allowed provided the permitted use is compatible with the surrounding area, and standards for development are met as specified in the County Land Development Code:
• Recreational Uses
• Agricultural and Silvicultural Uses
• Public/Semi-Public, Institutional Facilities
• Convenience retail and personal services to serve park visitors and guests up to one percent of the gross site area, not to exceed 5,000 square feet, located within the development and not accessible from any external road[.]

After the Amendment changing the subject property’s future land use category from CL to RVP was adopted, Appellee, the owner of neighboring property, challenged the Amendment under the procedure set forth in section 163.3187(3)(a), Florida Statutes (2008). Appellee argued that the Amendment was not “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act (“the Act”) because it rendered the Plan internally inconsistent. Appellee identified two policies in the FLUE, among others, that he claimed were inconsistent with the Amendment. Those policies are 17.2.7 and 17.2.8, and they provide as follows:

Policy 17.2.7 The County shall guide future development to the most appropriate areas, as depicted on the GFLUM, specifically those with minimal environmental limitations and the availability of necessary services.
Policy 17.2.8 The County shall utilize land use techniques and development standards to achieve a functional and compatible land use framework which reduces incompatible land uses.

Appellant intervened in the proceedings, and the matter proceeded to a section 120.57 hearing.

The parties stipulated that the subject property is located across the road from Appellee’s property, which is on the Homo-sassa River, and that the subject property is bordered in all directions by property designated as either CL or Coastal and Lakes Residential (“CLR”). They also stipulated that there exists on Appellant’s property a parcel designated Coastal/Lakes-Commercial (“CLC”)1 and that this property is being used as an RV park because this use of the property is vested.

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Cite This Page — Counsel Stack

Bluebook (online)
52 So. 3d 19, 2010 Fla. App. LEXIS 19009, 2010 WL 5072509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katherines-bay-llc-v-fagan-fladistctapp-2010.