Petitions

Uphold Administrative Law Judge Order on Lake Pickett Text Amendment

 

Uphold ALJ Order for Lake Pickett Text Amendment

Dear Cabinet Aide(s):

I am requesting that the Governor and Cabinet adopt and uphold Administrative Law Judge Suzanne Van Wyk’s Recommended Order DOAH Case No: 16-004556GM (Lake Pickett Text Amendment).

The judge found that Petitioners proved beyond fair debate that the plan amendments were internally inconsistent with the Orange County Comprehensive Plan because the amendments allow urban development outside the Urban Service Area (USA) in the Rural Service Area (RSA).

After hearing all the evidence and testimony over multiple hearing days, the Administrative Law Judge held that the citizen petitioners who live in the County "proved beyond fair debate that the Plan Amendments are internally inconsistent with FLUE Goal 1, Objective 1.1, Policy 1.1.1, Objective 1.2, Policies 1.2.1, and 1.2.2; Goal 2, Goal 6, Objective 6.1, and Policies 6.1.1, 6.1.2, and 6.1.3 because :

"The County has established a clear policy of directing urban development to the USA and allowing only low density future residential development in the RSA.

The Plan Amendments direct urban development to the RSA, contrary to the County’s established desired development pattern.

While the County has established exceptions to the policy of limiting future development in the RSA, the Plan Amendments do not meet any of the established exceptions."

The Administrative Law Judge issued a Recommended Order that recommended the Governor and Cabinet enter a final order determining that Orange County Lake Pickett Comprehensive Plan Amendments are “not in compliance” as that term is defined in section 163.3184(1)(b), in Florida Statutes.

I am requesting that you adopt the Administrative Law Judge recommendations and find the Lake Pickett Plan Amendments not in compliance with state law.

Thank you,

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Dear Cabinet Aide(s):

I am requesting that the Governor and Cabinet adopt and uphold Administrative Law Judge Suzanne Van Wyk’s Recommended Order DOAH Case No: 16-004556GM (Lake Pickett Text Amendment).

The judge found that Petitioners proved beyond fair debate that the plan amendments were internally inconsistent with the Orange County Comprehensive Plan because the amendments allow urban development outside the Urban Service Area (USA) in the Rural Service Area (RSA).

After hearing all the evidence and testimony over multiple hearing days, the Administrative Law Judge held that the  citizen petitioners who live in the County "proved beyond fair debate that the Plan Amendments are internally inconsistent with FLUE Goal 1, Objective 1.1, Policy 1.1.1, Objective 1.2, Policies 1.2.1, and 1.2.2; Goal 2, Goal 6, Objective 6.1, and Policies 6.1.1, 6.1.2, and 6.1.3 because :

"The County has established a clear policy of directing urban development to the USA and allowing only low density future residential development in the RSA.

 The Plan Amendments direct urban development to the RSA, contrary to the County’s established desired development pattern.

While the County has established exceptions to the policy of limiting future development in the RSA, the Plan Amendments do not meet any of the established exceptions."

The Administrative Law Judge issued a Recommended Order that recommended the Governor and Cabinet enter a final order determining that Orange County Lake Pickett Comprehensive Plan Amendments are “not in compliance” as that term is defined in section 163.3184(1)(b), in Florida Statutes.

I am requesting that you adopt the Administrative Law Judge recommendations and find the Lake Pickett Plan Amendments not in compliance with state law.

Thank you,

 

 

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