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Judge says CEMEX comp plan amendment is in compliance

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CEMEX mining expansion is moving forward. The administrative law judge overseeing the challenge to the Comprehensive Plan Amendment by the Hernando County Commission has recommended that the Department of Economic Opportunity accept the change.

Suzanne Van Wyk, an Administrative Law Judge for the State of Florida, has issued her recommendation in Heinrich Bracker vs. CEMEX Construction Materials Florida, LLC; and Hernando County, Florida.  On June 12, 2018, county commissioners approved the CEMEX comprehensive plan amendment changing the designation of approximately 572 acres from Residential to Mining, and another 156 acres from Residential and Regional Commercial Overlay to Commercial.

The 730 acres in total is located across Cortez Blvd from Bayfront Hospital in Brooksville.  Bracker and attorney Jane West filed a challenge to the plan amendment on July 12, 2018. Bracker owns property adjacent to the Comprehensive Plan Amendment area on Eureka Drive.

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Bracker and West filed a Petition with the Division of Administrative Hearings challenging the Plan.

“Petitioner alleges that the Plan Amendment renders the Plan internally inconsistent, contrary to 163.3177(2); fails to react appropriately to available data to the extent necessary, as required by section 163.3177(1)(f); and fails to establish meaningful and predictable standards for the use and development of land, and provide meaningful guidelines for the content of more detailed land development regulations, as required by 163.3177(1).”

In her recommendation, Judge Van Wyk goes through each of the issues raised and in conclusion states, 

“Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Economic Opportunity enter a final order determining that Plan Amendment CPAM 1702, adopted by Hernando County Ordinance 2018-12, on June 12, 2018, is “in compliance,” as that term is defined by section 163.3184(1)(b), Florida Statutes.”

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