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1992-07-24 Pet. to Intervene (Pinder) , AUG- 4-92 TUE 15 : 17 M i ch ae I Wm. Mor e I I 904 N a t 9' FIFLNG n AthiD s dAa CKNwpWth uudestM ignv ated • 7ep■rtment C eri.. re^elpt of why. Is r,- .by achno,i.e' d. BEFORE THE STATE OF F • • D ,Ajx) DIVISION OF ADMINISTRATI .1 ' Ga . ' "(.' Jana . Bass Date DEPARTMENT OF COMMUNITY AFFAIRS, 0-• tment Clerk , Petitioner, vs . DOAH # 91-NOI-4701-(I) OKEECHOBEE COUNTY, Respondent. PETITION TO INTERVENE COMES NOW SHIRLEY PINDER by and through the undersigned attorney, to hereby request leave to intervene in the above matter, and in support thereof would state as follows: 1 . The agency involved in this proceeding is the Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399 . The agency file number is . The Department of Community Affairs (hereafter "DCA" ) is the designated State land planning agency. 2 . Okeechobee County, Florida is a "local government" and an "agency" as defined in Section 163 . 3164 , Florida Statutes ( 1989) . Its address is 304 N.W. 2nd Street, Room #106, Okeechobee, Florida 34972 . Okeechobee County adopted the Comprehensive Plan on April 2, 1992 . 3 . Petitioner, SHIRLEY PINDER, is a resident, a land owner and developer in Okeechobee County, Florida. SHIRLEY PINDER'S address is Route 70 East, P.O. Box 1173, Okeechobee, Florida 34973 . 4 . SHIRLEY PINDER is an "affected person" entitled to :OBERT V.KENNEDY ATTORNEY AT LAW 2oONE ITN AVENUE intervene in this proceeding in accordance with Section ORiEC"OSEE.il21972 `""'°'.Ea°° 163.3184, F.S. based on facts as follows: AUG- 4-92 TUE 15 : 17 Michael Wm. Morel ! 904 42 :3301 P. 04 A. The Future Land Use Map which was adopted April 2, 1992, improperly, includes Posey's Corner and R-Bar Estates as (RAC's) Rural Activity Centers . Posey's Corner includes a grocery store and gas station, consisting of about 1 acre of development, Posey's Dairy and George Goodbread's swamp (wetlands) . R-Bar Estates, is a 2 1/2 acre lot restricted single family housing subdivision, on a dead end road next to a sewer treatment plant in an area where there is no foreseeable need for commercial development. B. Other RAC designated areas are existing subdivisions . C. A SPOT IN THE SUN is a development of single family mobile homes that began in the early 1970 's, developed by intervenor, SHIRLEY PINDER, which has not been designated as an RAC and it should be. Instead this RM zoned established development is classified agriculture in opposition to the facts and reality. D. SHIRLEY PINDER objects to the agricultural designation of her property providing for a housing density of 1 unit per 10 acres . This well maintained mobile home development containing 1/2 and 1 acre lots and the adjacent land owned by SHIRLEY PINDER, presently zoned RM, should be designated as a Rural Activity Center. E. The first printed draft of the comprehensive plan ►OBERTV,KENNEDY was dated October 10, 1991. The second was dated April 2, ATTORNEY AT LAW ?00 N E ON AVEAU6 oiEECNO1fu 642497: 1992. The October 10th edition states that urban density 1112b 762.1600 AUG- 4-92 TUE 15 : 18 Michael Wm. Morel ! 994 4258301 P. 05 would be 5 units per gross acre. The April 2, 1992 edition states urban development will be 11 units per gross acre. The record of these changes being adopted in a public meeting does not appear to exist as required by Rule 9J-5.004 F.A.C. and Chapter 163, F.S. F. The Comprehensive Plan, page 5 Goal L states "maintain a high quality of living environment with a well planned mix of compatible land uses . " George Goodbread's environmentally sensitive wetlands across from Posey's Corners does not meet this criteria. G. Policy L1. 4 in the Comprehensive Plan dated April 2, 1992 , states as followst "A Rural Activity Center generally acknowledges existing communities or subdivisions and allows for neighborhood commercial uses that support or compliment residential development. " The Comprehensive Plan Objective: L3 provides "Okeechobee County may permit residential development on vested lots of record established prior to this Comprehensive Plan which do not conform to density standards . " Rule 9J- 5.006(3) (b)3 . Failure to designate the RM zoned property of SHIRLEY PINDER as a RAC ignores this objective. H. SHIRLEY PINDER, is the owner of property located in Sections 3, 10 and 15, Township 37 South, Range 36 East, Okeechobee County, Florida including a subdivision named "A Spot In The Sun Village, " all her property in Sections 3, 10 and 15 is presently zoned RIM DBERT V. KENNEDY ATTORNEY AT LAW 200 N E .TN AVENUE I . "A SPOT IN THE SUN VILLAGE, " survey drawing with O'cEECNOEEE.FL 01112 412170-66°° lots shown was recorded April 2, 1992 .prior to the County AUG— 4-92 TUE 15 : 18 Michael Wrn. Morel ! 904 4258301 P. 06 passing the Comprehensive Plan. The third phase of "A Spot In The Sun Village" was started prior to July 1979 , the effective date of the County Subdivision Regulations, and is also grandfathered. See attached copy of County Commission Minutes of August 9, 1979, marked as Exhibit "A" and of February 14, 1980, marked as Exhibit "B" . Also, see County Attorney, Kyle Vanlandingham letter to John Cassels, Esquire, dated May 14, 1982 , marked as Exhibit "C" . J. All roads are deeded to the County. See attached letter from County Attorney, Kyle Vanlandingham to John Cassels, Esquire, dated May 14, 1982, marked Exhibit "D" . K. Okeechobee County has recognized "A Spot In The Sun Village" as a subdivision by accepting the deeded roads built to County specifications . The first road is 80 ' wide and the other roads are 70' wide. L. The County has never notified SHIRLEY PINDER in writing of anything concerning RM zoned property in Sections 3, 10 and 15 as required by sections of the Comprehensive Plan, as follows : Section 163.3181 F.S . , page 86 and Rule 9J-5 . 004 F.A.C. page 87 (e) . M. The intevenor's property is approximately 50 feet above sea level, situate on State Road 70 East, well drained and excellent land for development. N. The intervenor, SHIRLEY PINDER, is age 55 and a single woman who has devoted the last 20 years of her life 09EAT Y.KENNEDY ATTORNEY"T`AW to developing this land, which is her only source of zoo N E.•tN wvENUI P 9 � y ,OKECCMOUIL J134I,7, 000634b00 income. The Petitioner was hospitalized 5 times since AUG- 4-92 TUE 15 : 19 Michael Wm. Morel ! 904 4258301 P. 07 1985 and had 4 major surgeries. The Comprehensive Plan adopted April 2, 1992 changes her land so as to constitute condemnation or a taking by the County of Okeechobee. 0. The Petitioner purposely reserved 1000 feet from Highway 70 East for commercial development purposes. The residential development starts 1000 feet south of Highway 70 East. This makes this property an ideal location for an RAC. P. There is more growth and traffic around the lake area which is a sensitive environmental area of critical state concern, Rule 9J-11.004 (a) ( 1) F.A.C. Future growth should be away from areas of critical concern. A SPOT IN THE SUN is a desirable area for a Rural Activity Center. Q. Public participation in the Comprehensive Plan process is required by law. See Section 163 .3181 F.S. and page 86 of the Comprehensive Plan. Also see Rule 9J5.004 F.A.C. page 87(e) . SHIRLEY PINDER never received a formal response to the objections she raised and requests she made both prior to and at the April 2, 1992 adoption • hearing. Public participation procedures on page 90 and page 91 "provide for the consideration of and response to all public comment. " 5 . SHIRLEY PINDER, individually and through the undersigned counsel submitted oral and written objections during the review and adoption proceedings conducted by Okeechobee County with regard to adoption of the Comprehensive 09ERT V.KENNEDY ATTORNEY AT LAW 200NE /TN AVENUE Plan. A copy of the written objections are incorporated into OKEECNOIEE.FL 34672 (61)1763-E600 this petition and attached as Exhibit "E" . AUG- 4-92 TUE 15 :29 Michael Wm. MorelI 994 4258301 P. 08 6 . SHIRLEY PINDER alleges the following issues of material fact in this proceeding: A. Whether the facts alleged in the "Statement of Intent to Find the Okeechobee County Comprehensive Plan in Compliance, " issued by DCA, are true; and whether the Okeechobee County Comprehensive Plan is inconsistent with the State Comprehensive Plan, the Regional Policy Plan, the Act, and the Rules of DCA. B. Whether the ultimate facts and legal conclusions alleged below are true. 7 . Intervenor, SHIRLEY PINDER alleges the following ultimate facts and legal conclusions: A. The Okeechobee County Comprehensive Plan is inconsistent with the State Comprehensive Plan, the Regional Policy Plan, the Act, and the Rules of DCA for the reasons set forth in the Department's "Statement of Intent" and for the reasons stated below. B. The Plan does not contain a policy establishing appropriate locations for low, medium and high density residential development. C. The Plan does not coordinate future land uses with the appropriate topography, soil conditions and the availability of facilities and services . D. The Plan does not contain an adequate map of all wetlands known to exist in the County. Rule 9J-5.006( 1) OBERT V.KENNEDY (b)4. ATTDANEY AT SAW 200 Nt.ATM AVENUE E. The following objectives and policies in the Plan CKEK"CItt.K 34971 "117°'°°°0 violate the requirements of Sections 163.3177 and AUG- 4-92 TUE 15 :29 Michael Urn. MorelI 954 4258301 P. 09 163 . 3178, and Rule 9J-5 . 005(b) , because they delay the setting of standards against which proposed development orders or permits can be measured for consistency with the plan in accordance with Section 163 . 3194 to the adoption of land development regulations, instead of including such standards in the text of the Plan. F. The Plan transmittal hearing was not properly advertised under Section 163 .3184 ( 15) (c) , F.S. and Rule 9J-5 .005(8) , F.A.C. G. The Plan adoption hearing was not properly advertised under Section 163. 3184 ( 15) (c) and Rule 9J- 5 .005( 8) , F.A.C. 8 . Intervenor, SHIRLEY PINDER is entitled to relief in accordance with Chapter 163, Part II, Florida Statutes ( 1989) , the Rules of DCA, and Chapter 9.7-5 , Florida Administrative Code. Intervenor demands the following relief: A. That a formal administrative hearing be scheduled and conducted by a hearing officer of the Division of Administrative Hearings . B. That the hearing officer enter an order recommending that the Administrative Commission enter a Final Order finding that the Okeechobee County Comprehensive Plan is not in compliance, specifying remedial actions that would bring the plan into compliance with the Act. C. That the Administrative Commission enter a Final Order finding that the Comprehensive Plan is not in compliance, specifying remedial actions that would bring the Plan into compliance with the Act and applying all sections allowed by law. 09ERT V.KENNEDY ATTOTNEY AT LAW 200 N E 4TN AVENVI OKEECMO/i E.FL 24172 1131 Ti3•6400 AUG- 4-92 TUE 15 :21 Michael Wm. Morell 904 4258391 P. 10 RESPECTFULLY SUBMITTED this (-7--/ - day of July, 1992 . • Robert V: K-nnedy Attorney •r Petiti. er 200 N.E. 4th Avenue Okeechobee, Florida 34972 (813) 763-8600 Fla. Bar No: 345288 I HEREBY CERTIFY that a true and correct copy of the foregoing has been delivered to the following on the ' day of July, 1992. .47"4116. Robert I K- nedy Attorney for Petition-r 200 N.E. 4th Avenue Okeechobee, Florida 34972 (813) 763-8600 Fla . Bar No: 345288 Karen Brodeen, Esquire Assistant General Council Florida Department of Community Affairs Tallahassee, Florida 33299-2100 John Cassels Okeechobee County Attorney 209 N.W. 4th Avenue Okeechobee, Florida 34972 Dave Riveria Okeechobee County Acting Manager 304 N.W. 2nd Street, Room 1106 Okeechobee, Florida 34972 IOBERT V.KENNEDY ATTORNEY AT LAW jJ0 N E 4114 AVINUI OFEICHO■II.FL).Y)2 M30834600 0I)•Ie00