Originally Published  September 15, 2009

 

 

TALLAHASSEE - With the state's housing market cratered and its population in decline, Gov. Charlie Crist and the Cabinet waded into the debate over Florida's development future Tuesday when they rejected an appeal from developers of a 400-acre project outside Ocala.

The project itself was not extraordinary: a longtime landowner in Marion County who wanted to build a housing development in the heart of Florida horse country.

Although the state initially OK'd the project, it reversed course after realizing it had never studied whether the the 800 homes were needed.

Turns out, the project would create more housing than required for the next 45 years. As a result, the agency sided with two residents who challenged the project in court.

But in recent weeks, the project has become a flashpoint in the fight between industry groups and the so-called Hometown Democracy constitutional amendment slated for the 2010 ballot.

Crist and Cabinet members voted to uphold an administrative law judge who ruled the developers of the project in rural Marion County failed to prove there was a demand for it.

But a day earlier, Hometown backers, citing the Ocala case, called on the Cabinet to suspend all approvals of new large-scale projects until after the November 2010 vote on their amendment.

The Hometown Democracy amendment, if passed by 60 percent of voters statewide, would place future large-scale development projects to public votes.

That equates to a giant stop sign to developers. So, its presence on the ballot has fueled large landowners around Florida to rush to get projects approved, the state's top planning official told the Cabinet.

"This case has become a stalking horse for much bigger projects waiting in the wings," said Tom Pelham, secretary of the state's Department of Community Affairs.

Specifically, he singled out the Destiny project in Osceola County, the years-old massive proposal to build 100,000 homes and apartments on 20,000 rural acres west of Yeehaw Junction.

Allowing the homes to be built without showing the need for new housing would "pour more fuel on the fires of Hometown Democracy," Pelham said.

But statewide business groups have lobbied the Cabinet to allow the project to go forward, fearful that not doing so could put developers on notice that large new projects -- like what Miami Corp. is proposing in rural Volusia -- may have to remain on hold for the indefinite future.

"You are seeing people reacting to the overall situation of the economy, and the need for long-term planning," said Florida Chamber of Commerce lawyer Adam Babington.

A Marion County commissioner and lawyer hired by the property owners asked the Cabinet to hold off on upholding the judge's ruling -- mainly because delaying a final resolution would allow the plan to be grandfathered in later if Hometown Democracy passes at the ballot box next year.

"There is no harm done in leaving this amendment pending," said Linda Shelley, a former DCA secretary under Gov. Lawton Chiles hired by the family of Bernard Castro, who founded the Castro Convertibles sofa company and owns the land.

"Were asking not to be singled out and start the planning process all over again," said his granddaughter, Terri Keogh.

But Pelham said they weren't being singled out; rather, development interests were eyeing whether they could bypass state review of whether development was needed ahead of next year's election.

"We will be sending the worst message of all to the people of this state, that is the system will not enforce even the most fundamental growth management requirements," he said.

Agriculture Commissioner Charlie Bronson, who voted to uphold the judge's ruling, said he nonetheless could see this kind of fight accelerating in the future.

"Well, I think we see the future of Florida," Bronson said. "This is just the first shot across the bow in these clashes."

Aaron Deslatte can be reached at 850-222-5564 or adeslatte@orlandosentinel.com.
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