Don and Pamela Ashley v. State of Florida, Administration Commission, State of Florida Department of Community Affairs, Franklin County, and The St. Joe Company

Summary

The Florida First District Court of Appeal reviewed a final order declaring amendments to Franklin County's comprehensive plan not in compliance. The court held that the Rural Village and Conservation Residential land-use categories were mixed-use categories subject to additional planning requirements under Florida Administrative Code Rule 9J-5.006(4)(c). It affirmed in part, reversed in part, and remanded for further proceedings.

Holdings

1. The Rural Village and Conservation Residential categories are mixed-use categories because each contemplates and permits a variety of land uses. They are therefore subject to the mandatory planning requirements for mixed-use categories in Florida Administrative Code Rule 9J-5.006(4)(c), including percentage-distribution standards and limits on the intensity and density of each permitted use.
2. The Administration Commission's final order was affirmed on all issues other than the classification of the Rural Village and Conservation Residential categories as non-mixed-use categories.

Questions Presented

1. Whether the Rural Village and Conservation Residential land-use categories were mixed-use categories subject to the additional planning requirements in Florida Administrative Code Rule 9J-5.006(4)(c).
2. Whether the Administration Commission's final order should otherwise be affirmed on the remaining challenges to the comprehensive-plan amendments.

Disposition

reversed_and_remanded