ADMINISTRATION COMMISSION
AGENDA

October 22, 2002

1. Request approval of the minutes for the meeting held September 10, 2001.

2. Consideration of a Recommended Order issued by the Division of Administrative Hearings in the proceeding Robert J. Denig v. Town of Pomona Park
(DOAH Case No. 01-4845GM) (ACC-02-001).

On November 13, 2001, the Town of Pomona Park adopted Ordinance No. 01-7 changing the future land use designation of an eight acre portion of a 13 acre parcel from Residential to Agricultural. The landowners, Barry and Pat Fouts, cited the reason for requesting the change was to conform existing agricultural activities, horse and bird breeding, to Putnam County zoning recommendations. An adjoining landowner, Robert J. Denig, filed a petition with the Division of Administrative Hearings (DOAH) challenging the amendment on the grounds that the amendment was not based on surveys, studies, data and analysis and was inconsistent with provisions of the Town of Pomona Park Comprehensive Plan.

An administrative hearing was conducted by Administrative Law Judge J. Lawrence Johnston, on March 27, 2002, in Palatka, Florida. Judge Johnston submitted a recommended order on June 19, 2002, recommending the Commission enter a final order finding the Town of Pomona Park’s small scale plan amendment adopted by Ordinance No. 01-7 is not “in compliance.” Judge Johnston concluded that Petitioner proved by a preponderance of the evidence that the small scale plan amendment was not based on demonstrated need and was not supported by adequate data and analysis as required by law.

The Respondent, Town of Pomona Park, filed exceptions to the recommended order on July 2, 2002. The Petitioner filed a response to the exceptions to the recommended order on July 11, 2002. On September 17, 2002, the parties in the proceeding filed a Joint Stipulation to Entry of Final Order agreeing and stipulating to the Administration Commission entering a final order in conformity with the DOAH recommended order. The agreement also settled pending circuit court proceedings.

Recommendation:

Authorize the Secretary to enter the Draft Final Order finding the small scale plan amendment not “in compliance.”

Back-Up:

DOAH recommended order received on June 19, 2002.

Respondent’s exceptions to the recommended order received on July 2, 2002.

Petitioner’s response to Respondent’s exceptions to the recommended order received on July 11, 2002.

Joint Stipulation to Entry of Final Order received on September 17, 2002.

Draft Final Order.