Thank you. From what I understand, the Comp plan was changed to 125 rooms in 2011. Then May 2014 as requested by the attorney for the developer, David Theriaque, the language in the LDC was changed from 75 to 125. His argument for which he provided several cases was that:
"The present use of land may, by zoning ordinance, continue to be more limited than the future use contemplated by the comprehensive plan."
Theriaque also provided a draft proposed ordinance to amend the LDC making the change from 75-125 rooms.
From a Walton County Planning dept staff report on May 20, 2014:
"Correspondence and case law citations from Attorney David Theriaque addresses the legal issue of the more restrictive provision of either the Comprehensive Plan or the Land Development being the controlling document. In this case, the more restrictive provision is in the LDC and thus the change made by the BCC in the EAR Amendment to the Comprehensive Plan is still restricted by the LDC language stating a maximum of 75 rooms in the definition of Limited Lodging."
So does this mean that the more restrictive provision was in the LDC so he petitioned to have that changed to the less restrictive provision and the county complied?
Seems to me the language was there to stop the Hampton Inn before May of last year. Did the county have to change the LDC to conform with the comp plan or could they have changed the comp plan to keep the more restrictive provisions?
Good questions. I tend to agree that the more restrictive provision was in the LDC so he petitioned to have that changed to the less restrictive provision and the county complied. It certainly looks that way.
If the Comp Plan was changed in the 2011 EAR I would really like to know why. I can see that a 125 room hotel would someday maybe be appropriate up on Hwy 98. If the idea was to allow something like that but keep the option of restricting a project somewhere else to 75 rooms, then it appears (and I am not a planner, understand) that additional clarifying language should have been added to the LDC laying out further necessary conditions to obtain the maximum. If that's what they had in mind the way they did it left the door open for Theriaque. Could they have done that instead of just changing the LDC by accepting Theriaque's draft ordinance? I don't know.
Could they have changed the Comp Plan back to 75 rooms? Probably not last May - Comp Plan changes usually have to wait for the EAR unless it's something like a small scale amendment.
I think this quote: "The present use of land may, by zoning ordinance, continue to be more limited than the future use contemplated by the comprehensive plan."
maybe refers to being able to do something like I suggested above - keep the max 125 in the Comp Plan but put restrictions in the LDC. That would be the 'zoning ordinance' he refers to although we don't call it that here.
Planning is really complicated. It often seems that neither the planners nor the commissioners always understand the future results of actions they take.
I don't know if the status quo prior to May would have stopped the Hampton Inn. I think it's a legal question for a land use attorney. I want to say the county should have had their own to consult before rolling over to Theriaque, maybe they did, but I doubt it.