Originally Published on Wednesday, September 16, 2009

 

TALLAHASSEE - Gov. Charlie Crist and the Florida Cabinet unanimously agreed that there is no need to turn 400 acres of rural Marion County horse country into a sprawling subdivision, another signal that Florida's economic reliance on home building has ebbed.

While the decision affects just one proposed development northwest of Ocala, it may have wider implications as counties' traditional economic plan -- relying on construction for growth -- runs into a glut of housing that may take years to go away.

Tom Pelham, the secretary of the Department of Community Affairs, said the agency's decision to reverse Marion County's approval of the 800-home development was necessary to prevent unnecessary sprawl.

The state agency had originally approved Marion County's land-use change, setting the stage for development. But it later acknowledged that the state and county had not considered requirements that proposed developments address whether more housing is needed in the area.

Pelham indicated that demonstrating the need for housing would be a higher priority in consideration of development.

"If you should yield to the urging of those who would like to remove or weaken the demonstration of needs requirement, we will be sending the worst message of all to the people of this state," Pelham said to the Cabinet, "that is, the system will not protect even the most fundamental growth-management requirements."

Crist and the Cabinet agreed, upholding a judge's previous decision to deny the plan with a 4-0 vote.

The administrative judge, in his decision this year, noted that with the development of the land, Marion County would have enough houses on the market to sustain 40-plus years of anticipated population growth.

But Agriculture Commissioner Charlie Bronson warned that the Cabinet's vote may be the first in a long line of challenges as counties desperate for economic development continue to seek growth in their tax base by approving construction.

"We're going to have these clashes from now on," Bronson said. "This is just the first shot across the bow."

Tuesday's vote was also a unique display of democracy in action.

In 2007, after Marion County commissioners agreed that land in the heart of horse country could be developed to allow for two houses per acre, two neighboring residents successfully appealed the decision to DCA.

Susan Woods and Karen Lynn Recio represented themselves in the appeal to the DCA and the legal hearing.

"If you pay attention and your cause is right, and you know the rules and you play by the rules and you can make your points," Woods said, "then they will listen and they will do the right thing."

The agency at first upheld the county's vote. But it changed its mind after considering the glut of houses on the market, and said the approval violated Marion County's growth-management plans by not taking into account that there was no need for building more housing.

A Division of Administrative Hearings judge upheld the agency's decision in February.

Even with the housing glut in the state, Pelham said applications for new developments are soaring because of a proposed constitutional amendment that voters will consider next year.

The so-called Hometown Democracy amendment would require approval from local voters for changes to local growth plans. Business and construction groups are attacking the plan, saying the need for local referendums will choke growth.

Pelham said that requests for developments of as many as 1,000 homes are being considered in counties around the state as builders seek to avoid future conflicts if Hometown Democracy's plan is passed.

Pelham said that if the Cabinet reversed the judge's decision and allowed the development to proceed, supporters of Hometown Democracy would have had a prime example to advocate their cause.

"We would simply pour more fuel on the fires of Hometown Democracy," said Pelham.

Terri Keough, president of Castro Realty Corp., which owns the Marion County land, said the proposed development would again seek county approval.

She also suggested that the real estate market, not the state, should be the final judge of the vague concept of "need."

"Timing is everything in life. This just isn't the right time," she said, noting that all of the environmental and infrastructure requirements associated with the development were approved by the judge and DCA.

"The market really determines need," she said. "There's no one that's going to buy anything right now anyway. I'm not going to go start building something now."