Loading...
HomeMy WebLinkAboutSpecial Meeting Minutes 09-01-2005 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. AGENDA MEMBERS PRESENT: Charles Grande, Chairman; Bill Hearn, Vice-Chairman; Stephanie Morgan, Pamela Hammer, John Knapp, Ed Lounds, Ramon Trias, Carson McCurdy and Kathryn Hensley. MEMBERS ABSENT: Russell Akins without notice. OTHERS PRESENT: Mr. David Kelly, Planning Manager; Ms. Heather Young, Assistant County Attorney; Mr. Hank Flores, Planner III; Ms. Linda Pendarvis, Planner II; Mr. Michael Brilhart, Strategy and Special Project Director; Ms. Karen Butcher, Bike/Pedestrian Coordinator; and Ms. Talea Owens, Administrative Secretary. CALL TO ORDER Chairman Grande called to order the meeting of the St. Lucie County Planning and Zoning Commission at 6:03 p.m. PLEDGE OF ALLEGIANCE ROLL CALL DISCLOSURES ANNOUNCEMENT Chairman Grande gave a brief presentation of the procedures as of what to expect for today 1 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. The Planning and Zoning Commission is an agency that makes recommendations to the Board of County Commissioners on land use matters. These recommendations are made after consideration of staff recommendation and information gathered at a public hearing, such as those we will hold today. The meeting will progress in the following manner: The Chairman will call each item. Staff will make a brief presentation on the facts of the request. The petitioner will explain his or her request to the Planning and Zoning Commission. Members of the public will be allowed to present information regarding the request. The public portion of the meeting will be closed and the Planning and Zoning Commission will discuss the request. Further public comment will not be accepted unless the Planning and Zoning Commission has specific questions. The Planning and Zoning Commission will vote on its recommendation after its discussion. For legal reasons, the motion may be chosen and read from a script provided by staff. Motions both for and against are provided to the Planning and Zoning Commission members. The recommendation is then forwarded to the St. Lucie County Board of County Commissioners for their consideration and vote, usually within the next Month. 2 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Once again the Planning and Zoning Commission acts only in an advisory capacity for the St. Lucie County Board of County Commissioners. If you are not happy with the outcome of this hearing, you will have the opportunity to speak at the public hearing in front of the St. Lucie County Board of County Commissioners. The roll call was made and Chairman Grande asked if there were any other announcements to be made. A few of the P&Z Commission members stated they have spoken with a number of residents, and attorneys. Mr. Michael Brilhart, Strategy and Special Project director stated this is a proposed comprehensive plan amendment to establish a Rural Land Stewardship area program, in St. Lucie County. In 2001, the state of Florida revised Stewardship. Based upon the revised legislation in 2001, staff has received a comprehensive plan amendment application for review, as part of a transmittal comp plan amendment process. The process includes reviewing the proposed application, to assure that it is in compliance with the Rural Land Stewardship area program. Mr. Brilhart stated the proposal of the Rural Land Stewardship area program is a three part process: 1.Review to the RLSA Program 2.Conti and a sending area of transfer credits matrix 3.Looking at a receiving area and the ability to transfer credit rights, through the program at the recommendation of the board, to the receiving area Mr. Brilhart stated this special meeting is reviewing only the first part-process of the Rural Land Stewardship area Program. Mr. Brilhart stated the particular application needs to be reviewed with a recommendation to the Board of County Commissioners based upon the establishment of a Rural Land Stewardship Area Program. The current meeting does not discuss nor 3 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. enclose LDRs or transfer of development rights or specific rural area receiving area. This will come before the Local Planning Agency at a later day. Mr. Brilhart stated staff has reviewed the merits of establishing a sending area for the Adams Ranch property. He stated staff understands the ability and the merits of establishing the Rural Land Stewardship Area Program as a preserved easement in perpetuity from future single family development at a 1-5 density. He stated staff also understands that as apart of the Rural Land Stewardship Area Program package, there is a future receiving area that will be reviewed at a later date. He stated staff will be making particular comments, only on the overall intent of the project, versus a specific sending area-receiving area review. both, a sending area and a receiving area. However for the present meeting, staff understands that it meets that 10,000 acre minimum threshold, it is within a rural area, outside of the Urban Service Area Boundary. He added that it has an ecosystem quality which includes designated habitat preservation areas. The consultants will present the specifics of the application. Chairman Grande asked if there were any other questions of staff. Mr. Ernie Cox, a lawyer with Gunster & Yoakley representing Family Lands Remembered through the Adams Ranch Property, stated they have submitted a draft of the proposed Land Development Code to implement the comprehensive plan amendments. Mr. Cox stated they submitted a draft of the proposed Land Development Code because they felt that the newness of the Rural Land Stewardship Program and application should include a proposed Land Development Code draft so that as staff is reviewing the comprehensive plan, they can also review the draft. Mr. Cox stated the LDR draft will be reviewed by the County staff once they have benefit of the Departmen Mr. Cox stated there are two speakers that are a part of their presentation that will speak Chairman Grande asked who the partners in the Family Lands Remembered group are. 4 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Mr. Cox stated Family Lands Remembered is a Florida limited liability partnership. He stated there are three partners. The three partners of Family Lands Remembered are Enrique Tomayo and his two brother-in-laws, Warren Prescott and Carlos Brigarra. Mr. Family Lands Remembered have contractual relationships with Adams Ranch Incorporation (Mr. Adams Sr. is owner) and with the owners of the Cloud grove (Running W. Citrus). Mr. Mike Adams stated the Adams Ranch was founded in 1937 by his grandfather, Judge grandfather instilled the generational use of the Adams Ranch into their family in the Comprehensive plan, to set aside approximately 12,000 acres of upland habitat. He stated he served on that committee for quite some time. Ranch. Mr. Adams stated the Adams family was approached last year, to sell the Adams Ranch and they declined because they were not interested. Mr. Adams stated the Rural Land Stewardship Program has similar ideas and preservation philosophies as Adams Ranch. He stated the Rural Land Stewardship Program looks at and focuses on the whole of the different aspects of the Adams Ranch. He stated the Rural Land Stewardship Program creates more flexibility than most common traditional conservation easements. Mr. Adams stated through the Rural Land Stewardship Program, their family feels that it is an opportunity for them to reach and continue their goals of managing the Adams Ranch land. ated: past. It is about the future of St. Lucie County, our children, and our grandchildren. Will they work cattle and horses? Will they grow citrus? Will there be any agriculture? Or will sprawl envelop the entire county? The Rural Land Stewardship is a new concept that encourages good management and development practices. The fact that a project such as this has never been done before is 5 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. not a negative. It is an exciting opportunity to be on the cutting edge and a model for stated his father regrets not being able to attend the meeting. Chairman Grande thanked Mr. Adams. Chairman Grande asked if there were further questions. Mr. Eric Draper, the policy director for Florida Auto bond, stated he has been involved in land conservation activities in Florida for approximately two decades. He stated their interest at Auto bond and for most stated wide conservation organizations is to try to goals at one time were to protect as much 3 million acres of land. He stated from a state wide perspective, Florida is losing up to 200,000 acres annually, of bird and wildlife habitats. He stated Florida Auto Bond is trying to protect as much habitat land as they can. He stated they are losing land, while trying to preserve an acre for every acre that they lose. He stated the limited dollars that the state has available for Florida forever are not going to the kind of large ecosystem level important tracks, such as Adams Ranch. He stated Florida Auto Bond has been looking at new state wide policies to create new land conservation strategies. He stated the Rural and Family Lands Protection Act five years ago. The Rural and Family Lands Protection Act targeted the protection of a million acres of farmland over the next 10 years. He stated the Rural Land Stewardship Area concept was approved by the legislature. He stated the Rural Land Stewardship Area concept was used in Collier County and preserved up to 18,000 acres of Florida Panther Habitat. Mr. Draper stated well managed ranches are some of the best concentrations of wildlife habitat in the state of Florida. Chairman Grande asked if there were any questions of Mr. Draper. Mr. Hearn asked Mr. Draper what his projected additional density that will be created from most of the rural land project is. Mr. Draper stated for every acre that gets developed, they will end up protecting 3 or 4 acres per plant. He stated 1:3 is a good ratio. 6 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Chairman Grande stated the goal of the Auto Bond society is directed more towards the preservation of the areas that they are attempting to preserve and less concerned with the specifics of what the ratio of new units versus existing entitlements are. He added there is a concern that any community built outside of the Urban Service Boundary, should be sustainable. Mr. Lounds arrived. Mr. Lounds asked how the Auto Bond society works, in relation to protecting what you buy from other government agencies/government agencies, and from taking over what you want to preserve. Mr. Draper stated they are a land owner in the state of Florida. He stated they a series of preserves that manages approximately 60,000 acres in the state of Florida. He stated when the government or any other governmental agencies take their parcels or land, they file lawsuits against them. Mr. Lounds stated his concern is how to protect Adams Ranch, and preventing their stewardship from being taken over by another government agency, which has rules and regulations granting them the right to take the Adams Ranch Stewardship program. Mr. Rentals stated the starting point of stewardship is that it is a principle based new planning technique. He stated some to the principles can be customized but there are some universal parts of stewardship. He stated the first universal part of stewardship is that it is an incentive based program. He stated it is a program that is an option to property owners. It is not a mandatory program to participate in. He stated it seeks to balance natural resource protection, continued agricultural viability and coming up with a way to encourage a higher quality of development that can be more sustainable over a longer period of time. Mr. Rentals stated stewardship is a technique to try to create the equation that balances resource protection, continued agricultural viability and coming up with a way to encourage a higher quality of development that can be more sustainable over a longer period of time. He stated stewardship sometimes compete in interests in a way that works well. Mr. Rentals stated the legislature states the Rural Land Stewardship is a program that the state encourages counties and rural land owners to consider implementing. He stated it is a favored program. He stated the Rural Land Stewardship program is favored because it maintains and enhances the economic value for rural land and. Mr. Rentals stated the 7 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Rural Land Stewardship program is a technique to control sprawl. He added it creates a new way to incentivise activities for rural land areas. Chairman Grande asked if development rights were removed from the Adams Ranch would the value increase. Mr. Rentals stated the residual value of a sending area would decrease. Mr. Rentals listed a few of the changes that have taken place to prepare for incentivising activities for rural land areas; 1.Primarily, ownership of 50,000 acres of land was required to do a Stewardship program. This amount to acreage requirement was reduced to 10,000 acres. 2.A property owner can initiate the process of pulling corporation in the local government but it does not depend on the local government to take the first step. Mr. Rentals stated the DRI Exemption has been added in the past session. Mr. Hearn asked if the DRI Exemption was only for the sending area only or for both, the receiving area and the sending area. Mr. Rentals stated it would be for the receiving. He stated the DRI Exemption is a legislative option. It is not an proposed. DRI Exemptions are optional. Mr. Trias asked for further elaborations on the DRI Exemption program. Mr. Rentals stated continued listing the changes that have taken place to prepare for incentivising the rural land area; 3.He stated Rural Land stewardship Program was originally a natural resource technique. He stated agricultural and local space may be values, which the County may want to incentivise for protection and not for natural resources preservation only. 4.He stated the Rural Land Stewardship Program has moved away from a process, to match up to a protected populated. Mr. Rentals stated the Adams Ranch property does not have a sending or receiving area. He stated property owners have to petition the County to create a sending or receiving 8 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. area. Until receiving or sending areas are petitioned to be developed, no changes will take place on the properties. Mr. Rentals stated the Rural Land Stewardship Program allows the Adams Ranch to stay in agricultural zoning. He stated by maintaining an agricultural zoning, the Rural Land Stewardship Program will allow the Adams Ranch to continue providing private protection for the natural resources in that area. He stated the Rural Land Stewardship Program helps to protect and preserve the cultural, historic heritage of St. Lucie County. Mr. Rentals stated the Rural Land Stewardship Program is an incentive-based program. He stated the Rural Land Stewardship Program harness the economic activity of trying to accommodate population growth in Florida. It creates a relationship with protection of natural resources and it also provides a variety of different and diverse ways of living. Ms. Ann Redman stated the index credit system is based on the quality of the natural resources property within the rural area. Mr. Rentals added the index credit system is a part of the Comprehensive Plan. Ms. Redman stated they have collected a lot of data on the subject property to build the basics of the database requirements for the credit system and the credit matrix. She stated there are quite a number of different types of ecological systems and habitats. She stated there is a swamp system that is located near the western end of the entrance of the property. Ms. Redman showed photos of the land area including more ecosystems and habitats. Ms. Redman stated the Adams Ranch have a variety of systems and ranches. She stated there are cattle systems with lots of pasture. She stated endangered species also inhabit the area. She stated Cabbage p Chairman Grande asked what the acreage of Adams Ranch is. Mr. Rentals stated Adams Ranch is 16,466 acres. Mr. Lounds stated everyone does not want to live in wide-open pasture. He asked in example, if someone decides that they want to put a house in an Oak Hammock, does the Rural Land Stewardship Program prohibit this. combination in index credits they will not be able to put a house in that Oak Hammock 9 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. but would have to find a place that has a lower score. He stated there is a fair amount of land among the ranch that does not reach that higher score. Chairman Grande asked if the index credits apply to the same receiving areas that are being used for preservation. Mr. Rentals replied no. He stated the index credits are used two ways. In one way, the index credits are used as a factor in credit equations to jugulate credits. In addition, the score is used to say that land that is not a part of the sending area, in the region of that score, still has to be protected because of its value. Mr. Rentals stated a property can not be both, a sending area and a receiving area, but it has to be one or the other. Mr. Rentals stated the law states that the index credits must remain within the boundaries of the stewardship program. Mr. Rentals stated the entitlement of the receiving area is specific to a master plan that is compared and filed with the County and has to be approved by the County. Within the credit system, the calculations of the credits are sought up. Mr. Rentals stated there is a policy that states a receiving area plan must incorporate a minimum of 35% useful open-space, within the town, which was created to generalize the credits. Mr. Hearn asked if credits were required for any of the other developers, other than the dwelling units. Mr. Rentals stated yes. There are credits required for all of the developments except things that are specifically designed to be public benefits uses, Ms. Anita Jenkins, with Wilson-Miller Planning Manger, displayed and explained a few slides showing the set up of the general perimeters of the growth management plan of the Rural Land Stewardship Program. The chart that she reviewed is in the growth management plan application. It set forth and explains the types of developments that can occur in a stewardship area. It includes the towns, villages and the hamlets that are involved in compact developments. Ms. Jenkins stated the maximum size of a town is 5, 000 acres and the minimum size of a town is 1, 000. 10 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Mr. Rentals stated with the Rural Land Stewardship Program, they are trying to offer the incoming growth population a chance for better living. Mr. Rentals stated within the Stewardship program, the credit values a market driven econom the market and may change over time as the market demands change. Mr. Ernie Cox stated the Adams Ranch is a tool to provide the family with money values. He stated there is a confidential negotiated transaction between the Rural Land Stewardship applicants, Family lands and the Adams family. Mr. Cox stated there will be remaining credits from Adams Ranch that the Adams family can use, if they wish to do a small receiving area or an open area, or if the program expands in the future, it could be sold to another potential purchaser. Mr. Cox stated the Adams Ranch could expand unto two circumstances: 1.Primarily, the land owner has to agree to want to be involved in the stewardship program. The stewardship is a voluntary program, and no one is forced to be a part of a stewardship. If the land owner wants to be a part of a stewardship, they can ask and then the County will decide if they would like to add those land owners to the stewardship program. 2.The premises program is an incentive based program, as established by the legislature. The incentives have been established for better results. Mr. Cox stated the Rural Land Stewardship Program, like the TVC Element is a new tool, being presented to the County. He stated they look forward to working with the County on the design of the towns and creating something that will be truly special and of worth in this community. Mr. Cox stated one of the goals of a stewardship is to accommodate population growth. Chairman Grande opened the public hearing. Ms. Susan Harris stated she lives over the line of St. Lucie County, in Indian River County. She stated she lives in the area where the Cloud Grove is proposed to be developed. She stated there are dirt roads, and more acres out in the area where she lives. 11 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Ms. Harris stated there are two airports where she lives and two large groves. She stated the Board of County Commissions should consider the density rights of the people living in the Rural Land Stewardship Program area. Chairman Grande thanked Ms. Harris. Mr. Tom Cowen stated he lives in Indian River County, next to the proposed development site. He stated they area a flying community. He stated they have been a community since 1984. He stated the Rural Land Stewardship Program concept is a good concept to preserve land and develop cities into towns. However, their opposition is the location of the proposed development. Mr. Cowen stated they are concerned with the proposed development being placed in the heart of an agricultural area. He stated he feels that there are a lot of areas in St. Lucie County that would best suite the Rural Land Stewardship Program, rather than placing 10,000 or 12,000 people in the heart of an agricultural section. Mr. Cowen stated his air-strip is right across the canal. He stated they have a 2500 ft. air- strip and the direction of it goes from north to south. Mr. Wayne Carlton stated the Adams should be commended for what they are trying to accomplish. He stated there are a few owners that own the western part to the County, which is the part of the County that needs to be preserved. He stated the more that part of the County is fragmentized; the more difficult it becomes to preserve that area. Chairman Grande thanked Mr. Carlton. Chairman Grande closed the public hearing. Mr. Lounds asked how the County can safeguard other government agencies from wanting to take the stewardship away from Adams Ranch in the future. He asked what are the provisions invested within a stewardship program that prevents the government from taking away any rights or anything from it. 12 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Mr. Cox stated they added a policy within their stewardship which states, if you have property that is in a stewardship sending area, power lines, transmission lines or road- rights-of-way are prohibited from going through it. He stated this prevents power lines and such have you from interfering with conserved developments. He stated they can go back and take a look at that policy and see if it can be expanded. Mr. Lounds stated the whole idea of stewardships is to preserve a beautiful wonderful way of life. He stated it is not the law that worries him, but the rules and regulations. A committee can make rules and regulations, which no law abiding group can change. Mr. Cox stated currently the legislature has a committee that is working on issues involving property rights and he may follow up with that committee and see if there is something that they can add, at a state perspective that would also protect stewardships. Chairman Grande asked what the Local Planning Agency is being asked to pass with a recommendation. Mr. Michael Brilhart stated, under the Rural Land Stewardship Program proposal, the credits are included within the application and they have been analyzed by the consultant. the sending areas and the receiving areas applications. Mr. Brilhart stated the recommendation for the adoption of a Future Land Use Designation, creating an RLSA designation does not guarantee any transfers of credit rights nor guarantee the right of a certain property to receive the amount of credit. Chairman Grande asked if the analysis, which is presentation, give the units rights to the sending area that has been identified, even though they are not approving a sending area plan. applicants will be able to do a specific review and analysis of the credit program as part to the second phase and not at the particular phase. 13 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Mr. Brilhart stated, if the petition is adopted it does not guarantee any credits for the sending area or the receiving area, which will be done at a separate timeframe. Under the legislation, either adopting the transfers or not adopting it, it will not hinder the some point and time staff will have to make a recommendation of whether or not to recommend to the Board of County Commissioners to transfer the specific amount being requested. Chairman Grande asked if it would be logical for the Local Planning Agency to pass the petition forward with a recommendation to approve and add a condition the specifically subsequent application. Ms. Heather Young stated explanation can be added for the recommendation, so that the process was, that lead up to the recommendation. Mr. Cox clarified that they made three applications. He stated the first application was a Future Land Use Map Amendment application, which was to establish the Rural Land Stewardship Area map as an overlay. He stated they made application Comprehensive Plan text amendments, which includes the goals, objectives and policies, the credit worksheet, the NRI map and Development Code text Amendment which is not being presented tonight. Mr. Cox stated there is a text amendment to the Comprehensive Plan and there is a map amendment to the comprehensive plan that is being presented at this meeting. He stated the credit matrix is a part of the application. He stated they are asking for the Planning and Zoning Commiss transmittal to obtain further discussion at the Board of County Commissioners, review and the Department of Community Affairs, and the final approval/adoption at the Board of County Commissioners after DCA. He stated this is in the plan and it sets up the system. 14 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Mr. Knapp made a motion to recommend transmittal of the amendment to DCA (Department of Community Affairs). Mr. Trias seconded the motion. Chairman Grande announced that the motion is to send the application to the County Commission with a recommendation that is being forwarded to DCA, along with comments about the inscriptions on the land use. The roll was called. Ms. Hammer said yes. She stated the County needs to send someone out to look at the situation regarding the boundary line where St. Lucie County ends and Indian River County begins and the surrounding residents to the proposed development reside. Mr. Lounds said yes. Mr. McCurdy said no. Mr. Knapp said yes. Mr. Trias said yes. Mr. Hearn said no. Chairman Grande said no. Chairman Grande stated this application will be forwarded to the Board of County Commissioners with a recommendation for transmittal to DCA (Department of Community Affairs). 15 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Special Meeting rd Commission Chamber, 3 Floor, Roger Poitras Annex September 1,, 2005 6:00 P.M. Comments: Mr. Hearn stated he would like for the Board members to take a long hard look at what Uses in the County. ADJOURNMENT Meeting was adjourned at 10:30 P.M. Respectfully submitted: Approved by: _____________________________ _______________________________ Talea Owens, Sr. Staff Assistant Charles Grande, Chairman 16