DCA finds in favor of Sandestin DRI

The Department of Community Affairs found no reason to take action against Walton County and the Howard Group, based on complaints from the Sandestin President's Council and its attorney.

On Dec. 22, 2008, the President's Council, a group representing more than 50 homeowners associations at Sandestin, filed a lawsuit against Walton County alleging the Board of County Commissioner's approval of a development order for the Howard Group in June 2008 is inconsistent with the Walton County Comprehensive Plan.

The Council's attorney, David A. Theriaque, of Theriaque, Vorbeck and Spain, appealed to the DCA to enforce proceedings against Walton County.

The DCA reviewed the complaints and found no evidence to support the request.

In 2002 a Notice of Proposed Change to the Sandestin DRI was approved by the DCA. The 2002 NOPC allowed for transfer of like kind property within the resort for future development.

The NOPC was incorporated into the Sandestin DRI and the DCA states it is bound by its terms. 

The DCA's letter to Theriaque states, "The issues you have raised related to substantial deviation requirements and the height limitation in the Walton County Comprehensive Plan are moot. The Department does not anticipate taking further action on your letters."

Ensuring new growth complies with Florida's growth management laws is the responsibility of the DCA. However, according the Theriaque, the DCA does not have to pursue all complaints.

"It's akin to a cop deciding not to give a ticket," he said. "The DCA has the ability to say they are not going to chase this."

As for the Howard Group, they are pleased with the findings of the DCA.

"The DCA knows the rules and is in place to enforce them," said John Heiser, executive vice president for the Howard Group. "We play by the rules and that's the reason they found the way they did."

Theriaque said the DCA's decision isn't relevant to the lawsuit.

"We still believe our analysis is correct," said Theriaque. "The two are not related (the request to DCA and the lawsuit) and we intend to continue moving forward with the suit."

Theriaque doesn't believe the Howard Group will make changes to its development order, as they have previously stated.

"The development order on file is not what the Howard Group says they plan to build," he said. "What they were approved for is the 156 foot building and I believe that's their intent."

Heiser stated everything was done with due process and the Sandestin DRI plan allows for development of such building within Sandestin Golf and Beach Resort.

However, he also said that after the initial approval, concerns were raised by the Technical Review Committee about the height.

The Howard Group have since changed its building plans and reduced the height to less than 100 feet.

"We will continue to develop responsibly," Heiser said. "It's unfortunate that a small group can do damage to the whole. The development along Grande Bouldevard has been well received. Many people in the community have commented positively and support the future growth."

Although, Harry Chiles, the attorney representing Walton County moved to dismiss the suit, a hearing on the motion filed by Theriaque is scheduled for May 6.

The Howard Group has requested to participate as a defendant and Theriaque said he is opposing that request, although he would not elaborate as to his reason.