County commissioners vote to appeal the judge’s ruling. The case now moves to the appellate court.
The basis is that rezoning does not comply with the comprehensive plan for the county and threatens to change the character of our neighborhood
Judge denies rehearing
This does not overturn or override the commissioner’s decision.
The county has a few directions it may take. An appeal is one of them. May have 30 days to file
County asks for a rehearing before the judge. Their argument is that there is competent evidence for the BOCC to deny the petitioners application. Their original decision to deny the rezoning was partially based on it not being consistent with the comprehensive plan and the removal of the open space would not protect or maintain the neighborhood’s character.
Judge Huey’s ruling on the developer’s appeal was that “the court cannot find that the Board relied on competent, substantial evidence when it denied GL’s proposal”
This ruling does not overturn the BOCC’s decision to deny rezoning that would allow for development but “quash” it or in other words set the Board’s decision aside.
The Board’s original decision was based on it not being infill and not compatible with the Comprehensive Plan.
Courses of action that the Board may take include but not limited to:
1 Ask for a re-hearing with the judge
2. Appeal
Commissioner Ken Hagan held a townhall. He said that the Sports Authority would be interested in buying the golf course if there is a willing seller and the price becomes reasonable.
A soil remediation plan has not been approved. Soil blending is what they would like to do.
The appeal will go before a judge to determine if any proper protocol was violated by the county commissioners etc.
Our understanding is that the judge would not overturn the commissioner’s decision but, if he finds reason, he may send it back to them for re-consideration. The commissioner’s cited strong legal reasons for their decision and we expect that to hold up.
The county’s attorney responded to the appeal request citing legal reasons for their denial of rezoning
GL Holmes files appeal regarding the county’s decision
The county commissioners denied the rezoning request by a vote of 5 to 2
GL Acquisitions Group files application with the county to rezone the golf course land allowing for housing to be built
Neighborhood News article states “ Place is currently negotiating with GL Homes”
On Going Soil assessments and several developers interested, some passing on the project
Golf Course Closes
The Save Pebble Creek website was established as a resource for the residents.
The mission statement was worded as follows:
working to keep Pebble Creek peaceful from construction noise and disorder by showing opposition to development that would eliminate the golf course and our abundant wildlife and the beautiful indigenous oaks and flora
Neighborhood News published an article regarding the shut down of the golf course was coming on July 31. It stated that the owner had been trying to sell the golf course for years
BayNews 9 Reports at least one developer has been interested in the property in recent years but pulled out when contaminated areas were discovered
The public spoke at the board of county commissioners meeting. The commissioners voted unanimously 7 to 0 against a Brownfield designation. The applicant did not meet the basic requirements. There were over 300 emails, 150 letters sent in to county commissioners in addition to the petition
A petition was posted and it received 450+ signatures
A public meeting was held at the pool clubhouse where it was announced that the golf course owner was seeking approval from the county for a Brownfield designation at the golf course property. We were told that the contaminants are deep down in areas of the course and would need to be “cleaned up” only if houses were going to be placed there, otherwise we were told that it is safe as is. A Brownfield is a government grant to help ( in this case the course owner) with funds to rehabilitate contaminated properties to improve the area and bring new jobs
Pebble Creek Village HOA
Copyright © 2024 Pebble Creek Village HOA - All Rights Reserved.
Powered by GoDaddy