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HomeMy WebLinkAboutDepartment of Community ... (2) DEPARTMENT 2740 C E NTERVIEW DRIVE LAWTON CHILES Governor STATE OF FLORIDA OF COMMUNITY AFFAIRS ° TALLAHASSEE, FLORIDA 32399-2100 LINDA LOOMIS SHELLEY Secretary November 23, 1992 The Honorable Judy Culpepper Chairman, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear C.ommissioner Culpepper: The Department has completed its review of the adopted Comprehensive Plan Amendment for St. Lucie-County (DCA No. 92-2), and determined that Ordinance No. 92-029 does not meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance and that Ordinance No. 92-028 do meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance. The Department is issuing a Statement of Intent and Notice of Intent to find the comprehensive plan amendment Not In Compliance for Ordinance No. 92-029 and In Compliance for Ordinance No. 92-028. The Notice of Intent has been sent to the Port St. Lucie News publication on November 24, 1992. ' Please note that a copy of the adopted St. Lucie County Amendments, the Department's Objections, Recommendations and Comments Report dated July 21, 1992, the Notice of Intent and the Department's Statement of Intent to Find the Comprehensive Plan Amendment Not in Compliance must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the St. Lucie County Admini- stration Building, 2300 Virginia Avenue, Room 203 Ft. Pierce, Florida 34982. ' In addition, the Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Administration for the scheduling of an administrative hearing pursuant to Section 120 57 Florida Statutes. ' ' EMERGENCY MANAGEMENT ° HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT The Honorable Judy Culpepper November 23, 1992 Page Two I am interested in meeting with you at your convenience for the purpose of negotiating an agreement that will bring your plan amendment into compliance. My staff and I are available to discuss your plan amendment with you. If you have any questions, or are interested in discussing a compliance agreement, please contact me, Maria Abadal, Plan Review Administrator, or Dale Eacker, Community Program Administrator, at (9~4) 487~4545. CGP/j hw Sincerely, ~ Division of Resource Planning and Management Enclosure: Notice of Intent Statement of Intent cc: Daniel M. Cary, Executive Director Treasure Coast Regional Planning Council ' Terry Virta, Community Development Administrator 'IN RE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ST. LUCIE COUNTY ) COMPREHENSIVE PLAN ) AMENDMENT 92- 2 ) ADOPTED BY ) DOCKET NO. 92-2-NOI-5601- (A) (N) ORDINANCE NO. 92-029 ) - ON SEPTEMBER 22, 1992) STATEMENT,OF INTENT TO FIND COMPR~-~NSIYE PLAN AM~NDM~NT NOT ~N COMPLIANC~ The Florida Department,of, . Community Affairs hereby issues its Statement of Intent to find.'.the Comprehensive Plan Amendment of St. Lucie County, adopted by Ordinance No. 92-029 on September 22, 1992, Not In Compliance based upon the Objections, Recommendations and Comments Report (ORC Report) issued by the Department on July 21, 1992, which is hereby incorporated by reference, and changes made to the plan amendment, as adopted, which were not previously reviewed by the Department. The Department finds that the plan amendment is not "in compliance,,, as defined in Section 163.3184(1) (b), Florida Sta=utes (F.S.), because it is not consistent 'with Sections ~63.3171 and 163.3177, F.S., the State Comprehensive Plan, the Treasure Coast Comprehensive Regional Policy Plan, and Chapter 9J-5, Florida Administrative Code (F.A.C.), for the following reasons: I'. FUTURE LAND USE A. I~nconsistent provisioh. The inconsistent provision of the plan amendment under this subject heading is as follows: 1. Amendment PA-92-002, Which changes approximately 164 acres from Agriculture to Residential Estate, is not supported by adequate data and analysis. The County did not provide data and analysis which demonstrated the need for additional lands at the increased density. Rul~ ~J-5. 006 (2) (c), F.A.C., and Section 163.3177(6)(a), F.S. The amendment also encourages the proliferation of urban sprawl. Rule 9J-5.006(3) (b) 7., F.A.C. and Section 163.3177(6)(a), F.S.· The process for the conversion of lands designated Agriculture is described in Future Land Use Objective 1.1.2 and Policy 1.1.2.4. This process was not followed in regards to the amendme~t,s subject land. Accordingly, the amendment is internally inc6nsistent with Future Land Use Objective 1.1.2 and Policy 1.1.2.4. Rule 9J-5.005(5), F.A.C. B. Recommended remedial actior~. This inconsistency may be remedied by taking the following action: 1. Include an analysis, of the need for the land use change as related to the projections of the land needed to accommodate the projected population, which is contained in the adopted comprehensive plan. Include an analysis addressing how the amendmentis consistent with discouraging urban sprawl. Include an analysis demonstrating 'how the amendment is consistent with the process for the conversion of land designated Agricultural as described in Future Land Use Objective 1.1.2 and Policy 1.1.2.4. Revise the amendment as necessary to be consistent with the analyses and objective and policy identified above. II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN A. Inconsistent pro¥ision~i. The inconsistent provisions of the plan amendment under this subject heading are as follows: 2 1. The adopted comprehensive plan amendment is inconsistent with the State Comprehensive Plan, including the following provisions (Rule 9J-5.021, F.A.C.): (a) Goal 16 (Land Us~),..and Policy (b) l., which addresses the separation of urban and rural land uses, because adequate data and analysis has not been included to support the need for the increased density and .these,,uses are incompatible. B. Recommended'remedial action~.. These inconsistencies may be remedied by taking the a~tions described above in Section I B III. CONSISTENCY WITH REGIONAL POLICY PLAN A. ~nconsistent provision~. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The adopted comprehensive plan is inconsistent with the Treasure Coas~ Comprehensive Regional Policy Plan, including the following provisions (Rule'9~-5.021, F.A.C.): (a) Regional Policy 16.1.2.2, which indicates that Future Land Use Maps of local governments should be based on the amount of land required to accommodate future growth and the projected population, because adequate data and analysis supporting the need for the increase density of land use has not been included. B. Recommended remedial action~.. These inconsistencies may be remedied by taking the acEions described above in Section I.B. 3 .CQNCLUSIONS 1. The plan amendment is not consistent with the Treasure Coast Comprehensive Regional Policy Plan. 2. The plan amendment is not consistent with the-State Comprehensive Plan. F.A.C. The plan amendment is not consistent with Chapter 9J-5, 4. The plan amendment is not consistent with requirements of Section 163.3177, F.S. Section 6. the The plan amendment is not "in compliance,,, as defined in 163.3184(1) (b), F.S. In order to brin~ the plan amendment into compliance, the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. ~-~ dayQ- of November, 1992, at Tallahassee, Executed this Florida. Charles Pattison, Director Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399 c:\wp51\fi les\sol \st [ucie.922 DEPARTMENT 2740 C E N T E R V I E W D R I V'E LAWTON CHILES Governor STATE OF FLORIDA OF COMMUNITY AFFAIRS · TAL LAHASSEE, FLORIDA 32399-2100 LINDA LOOMIS SHELLEY Secretary November 23, 1992 The Honorable Judy Culpepper Chairman, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Commissioner Culpepper: The Department has completed its review of the adopted Comprehensive Plan Amendment for St. Lucie County (DCA No. 92-2), and determined that Ordinance No. 92-029 does not meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance and that Ordinance No. 92-028 do meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance. The Department is issuing a Statement of Intent and Notice of Intent to find the comprehensive plan amendment Not In Compliance for Ordinance No. 92-029 and In Compliance for Ordinance No. 92-028. The Notice of Intent has been sent to the Por~ St. Lucie News publication on November 24, 1992. Please note that a copy of the adopted St. Lucie County Amendments, the Department's Objections, Recommendations and Comments Report dated July 21, 1992, the Notice of Intent and the Department's Statement of Intent to Find the Comprehensive Plan Amendment Not in Compliance must be available for public inspection Monday through Friday , , except for legal holidays during normal business hours, at the St. Lucie County Admini- stration Building, 2300 Virginia Avenue, Room 203, Ft. Pierce, Florida 34982. In addition, the Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Administration for the scheduling of an administrative hearing pursuant to Section 120..57, Florida Statutes. EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT The Honorable Judy Culpepper November 23, 1992 Page Two I am interested in meeting with you at your convenience for the purpose of negotiating an agreement that will bring your plan amendment into compliance. My staff and I are available to discuss your plan amendment with you. If you have any questions, or are interested in discussing a compliance agreement, please contact me, Maria Abadal, Plan Review Administrator, or Dale Eacker, Community Program Administrator, at (904) 487-4545. CGP/jhw Since. rely, ~ arles G. Pattison, Director Division of Resource Planning and Management Enclosure: Notice of Intent Statement of Intent cc: Daniel M. Cary, Executive Director, Treasure Coast Regional Planning Council Terry Virta, Community DeVelopment Administrator ~ STATE OF FLORIDA ~. DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND AMENDMENT(S) TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN ADOPTED BY ORDINANCE NO(S). 92 NOT IN COMPLIANCE AND AMENDMENT(S) ADOPTED BY NO(S). 92-028 IN COMPLIANCE DOCKET NO. 92-2-NOI-5601-(A)-(N) The Department gives notice of its intent to find Amend- ment(s) adopted by Ordinance No(s). 92-029 on September 22, 1992, NOT IN COMPLIANCE and Amendment(s) adopted by Ordinance No(s). 92-028 on September 22, 1992 IN COMPLIANCE, pursuant to Sections 163.3184 and 163.3187, F.S. The adopted St. Lucie CoUnty Comprehensive Plan Amendment(s), the Department's Objections, Recommendations, and Comments Re- port, (if any), and the Department's Statement of Intent to find the Comprehensive Plan Amendment(s) Not In Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the St. Lucie County Administration~Building, 2300 Virginia Avenue, Room 203, Ft. Pierce, Florida 34982. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for:an administrative hearing to chal- lenge the proposed agency d~termination that the Amendment(s) to the St. Lucie County Comprehensive Plan are In Compliance, as de- fined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, a copy must be mailed or delivered to the local government and must include all of the information and contents described in Rule 9J-11.012(8), F.A.C. The petition shall be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. Failure to timely file a peti- tion shall constitute a waiver of any right to request an admin- istrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recom- mended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. This Notice of Intent and the Statement of Intent for the amendment(s) found Not In Compliance will be forwarded by peti- tion to the Division of Administrative Hearings of the Department of Administration for the scheduling of an Administrative hearing pursuant to Section 120.57, F.S. The purpose of the administra- tive hearing will be to present evidence and testimony and for- ward a recommended order to the Administration Commission. Affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings (DOAH), Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, and a copy mailed or delivered to the local government. All issues of noncompliance other than those contained in the Statement of Ln~Dt ~ust be stated in the petition and filed with DOAH within 21 days of the~dat---~'-°f ~hi~ notice.F~u~"~ to petit~ion to intervene or to raise a new issue within the allowed time frame constitutes a waiver of any right such a person has to request a hearing, or a hearing on that issue, under Section 120.57, F.S., or to participate in the administrative hearing. Ch~le~ G. Pattison, Director November 20, 1992 regional Mr. Robert Arredondo Department of Community Affairs Bureau of State Planning 2740 Centerview Drive Tallahassee, FL 32399 Subject: Local Government Comprehensive Plan Review - Adopted Amendments to the St. Lucie County Comprehensive Plan; Reference #92-2 Dear Mr. Arredondo: Under the Council's contract with the Department of Community Affairs (DCA), Council is to make an overall finding of consistency or inconsistency of local plan amendments with the Regional Comprehensive Policy Plan (RCPP). This finding is to be made following the local government,s adoption of the amendments, and by formal action of Council. When possible, Council will make such a finding by the 30th day of the 45-day compliance review period. It is Council's understanding that the DCA will consider the recommendation of Council prior to issuing a notice of intent regarding local plan amendment compliance. On October 8, 1992, Council received a copy of the formally adopted comprehensive plan amendments for St. Lucie County. A review of those amendments was done, with a focus on the County's response to the comments made by the Council as a result of a review of the County's draft comprehensive plan amendments. Attached is a copy of the complete agenda item as approved by Council at a regular meeting held on November 20, 1992. Please note that Council was unable to reach a majority decision of the recommendation on Amendment PA92-002. A motion to approve the staff recommendation was deadlocked 7-7. A motion to transport the report and analysis with a clear indication to you that no recommendation on consistency is being made due to the tie vote was approved 8-6. 3228 s.w. martin downs blvd. suite 205 · p.o. box 1529 palm city, florida 34990 phone (407) 221-4060 sc 269-4060 fax [407) 221-4067 Mr. Robert Arredondo Department of Community Affairs Bureau of State Planning November 20, 1992 ' Page Two If you need additional information please do not hesitate to call. Daniel M. Cary, Executive Dir~tor DMC:lb Attachment or have any questions, cc: Terry L. Virta, AICP TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members From: Staff AGENDA ITEM 6] 3 Date: November 20, 1992 Council Meeting Subject: Local Government Comprehensive Plan Review - Ad°PtedAmendments to the St, Lucie County Comprehensive Plan; Reference #92-2 Introduction Pursuant to the Treasure Coast Regional Planning Council's contract with the State Department of Communityl Affairs (DCA), the Council must review Comprehensive Plan Amendments after their adoption. St. Lucie County has submitted adopted amendments to the DCA, which in turn is seeking Council's comments. Council's review of the information provided by the DCA is to focus on the Consistency of the adopted amendments with the Regional ComPrehensive Policy Plan (RCPP) developed pursuant to Section 186.507, Florida Statutes. A written a determination of consistency with the to be provided to the DCA within 30 calendar days of receipt of the plan, elements or amendments. DRAFT amendments to the County's its meeting of May 15, 1992 (see attachment). The DRAFT amendments consisted of two amendments to the County's Future Land Use Map. Council had one objection and two comments on the DRAFT amendments. Evaluation On July 21, 1992, the DCA issued an Objections, Recommendations and Comments (ORC) report on the DRAFT amendments. The .ORC report cSntained a total of eight objections to the proposed amendments. The County has adopted the amendments with no changes, but has prepared a response report to the ORC regarding Amendment PA-92-002. In the transmittal letter which accompanied the materials pertaining to PA-92-002, the County suggests that the DCA of almost three million cubic yards and is anticipated to serve the County until the year 2002. In 1996, another phase will add significantly more capacity to the landfill. The impact of 98 additional residential units will be negligible. 4. DCA CONCERN - The .amendment is inconsistent with several f the County comprehensive plan land use outside the urban service area, the conversi lands to .nonagricultural uses, and the 'PlannedUrban Service Boundary. COUNTY RESPONSE - While the property lies outside the County service boundary, at one unit per acre is inconsiStent with uses in the , nor does it integrity of the compreh~nsiive plan. Primary land uses outside the urban service boundary remain agricultural. Lands surrounding PA-92-002, while used for agricultural purposes, generally carry land use designations which would residential development at one or two dwelling ~er acre. Existing subdivisions lie to the west and the northwest. The subject property itself contains RE transiti no ' area. on the non-conforming subdivision. The for this property fits in with the from higher density residential to Density at one dwelling unit per acre is existing active citrus production in the place no additional pressure 'on of agricultural lands inthe area. SJ one dwel services, Use Policies. not an issue, since no urban services are there is no identified decrease in the .ce on roadways in the area. According to densities of greater than two dwelling to be within the urban service, area. amendment is limited to a maximum of per acre and requires no urban inconsistent with County Future Land 5. DC~. The amendment is inconsistent with State Plan Goals 16 (Land Use) and 20 COUNTY RESPONSE - Existing subdivisions to the north and west of the site have set the pattern for development in this The County comprehensive plan provides for a and logical transition in land use from east to west as follows: 1) urban densities and services; 2) transitional from urban to rural densities; 3) Relative to the failure to address the potential impacts of development, the County indicates that land use amendments are considered preliminary development orders and, as such, consistent with policies contained in the County Capital Improvements Element, concurrency or capacity determinations are not made. tural. Relative to the potential of conflicts with and County policy which calls for to be the primary use outside the designated urban service area, the County argues that the primary land uses in the area will remain agricultural, and that due to some old subdivisions area, low density residential use on the is compatible. The County also argues gnation fits in with the transition the County from east to west which is , Suburban Estate finally, ~dvanced by the )reviously, do concerns. The With! Regional Policy 16.1.1.2 since the County will postpone until the site plan per acre development the most costly, type of development, with Regional : at one dwelling unit similar address consistent concurrency, all concurrency Since one clustered) and is not 16.1.1.4. acre is too for a reasonable range but to be very expensive to the public in The proposal is not consistent with 16.1.2.2, since already designated for low which remain vacant, urban service area,. use in this area is ~es (including an with Regiona location of a lot subdivis that these low built out is--all the land for such but redesi¢ make previously subdivisions less iai inside and density with crop 16.1.2.3, sparcely area. not to t only is subject (or non- y to be 5 surrounding farm land. Such strategies only produce sprawl, particularly when taken to extremes. County ~already has The adequate lands designated for those who seek a more rural lifestyle. Conclusion Adopted amendment PA-92-001 appears to be CONSISTENT with the goals and policies contained in the RCPP. Council was unable to! reach a consistency determination on PA-92-002, since a ~mOtion to adopt staff comments was deadlocked 7-7. Council voted to transmit the evaluation and analysis, with no final recommendation of consistency. Recommendation Council should adopt the comments and recommendations outlined above and approve their transmittal to the State Department of Community Affairs in fulfillment of the requirements of the 1991-92 contract with the Department of Community Affairs. Attachments ST DRAFT · LUCIE COUNTY COMPREHENsivE PLAN AMENDMENTS FUTURE LAND USE ELEMENT Current Proposed Amend. Approx. Land Use Land Use No. ~ Desire=ion Designation PA-92-001 9.6 Residential Commercial Urban Agricultural - 2.5 PA-92-002 164.0 Residential Urban (RU) Residential Estate (RE) Agricultural-2.5 (AG-2.5) Evaluation Residential Estate APproximate.Location Northwest of the inter- section of 25th Street and Edwards Road. West side of Gentile Road one-half mile north of Okeechobee Road (S.R. 70) - Allows up to 5 dwelling units per acre. Allows up to 1 dwelling unit per acre. Allows up to i dwellin~ unit per 2.5 acres. ~ca~_P}ann~g Perspective _ Am _ an a~itional t~- _T_ : endment No. 9~ - · ~,, ~cres to the ' --uu~ woul~ add ~ commercial purposes at, o~n~%natr°rY of {a~d, designated zsth Street and Edwards Roe= __ _ , .t~e ln=ersection all quadrants ~ ~ :_~' '~e.county has now --~-, une onl . . 1 n for comm - store in the Y ex~st~ng commercial use is erc~al use, a convenience southeastern quadrant. West of 25th Street, existing lands are Drimarily vacant, agricultural, low density residential. 9~S~ ~Of 25th or very ls low/medium density resident _u~der construction- ~ ~__~ ~1.. A new middle sc ooi · ~treet E . ~,u~-~ ~lstance s h__ is -~=,,~~' .... ~/ ~wa~dsl Road Intersected.__... '=-~'ne ~uth.. of. the 25th ... an~ for. rut .... re~es~gnat~o .o 1-~pPropriate .. :_ u~. Commercial use ~--- n ~f thio ~rea~ ~k~ _~t ~n conzl~ct with ~-,,~.- a ~Y=~ not seem lc. - -~=~ oz land now ~--~ ..... --T"u~ policies. W't unls area_ ~ .... ~=~=~na=e~ for c m~-_:_~ l_h a ~mm~u flare · .~ ---~u care · --. ____ P . zoning desl~nati.~_ ._ ru~y consider t -o=~ zor residents of this=~;~= a gooa mix of Amendment No. 92-002 would change the land use · .__ a ~uua=e~ ~approximately 1-1 2 m' (RE). The propert of the Flor' .. / ~les west o · Y s 7"' h ida Turnpike and _ f the ~ntersection u;.. mresent ac~o~ ~- =~ Okeechobee Road o ~u =ne r · (State Route ~npaved Count 1 ! - p °Pe.l.~.y ls via Gent' ,~ .... Y ocal stree~ ~,~-= . . lle Road. an --~u-=us=ern boundary ~ ~_ ~__.--~u~ uea~-ends near -= -~ u-= sum]eot property, the 9 Council,s the enc co 2015. need acc( reasonabl? range of service with a The area · s, such as is outside Pla ed utilit se water. In Y rv~= =reas. summary, the staff and LPA conclusion is that the proposed would extend urban development into fails to meet the' burden of proof for'achange in its land use designation. of theleadgoalsto andthePOlicies of the County is internally conclusion that the plan. The with the of Used for agricultural purposes. This has led to the gradual migration to the west, as higher value previously Used for Uses to the east, lands occur in exclusively ~ for ture in St. Lucie Given be avoided. In designated lands future the County pl ke of a high growth year occupied by per three 000 acres of Would projected to 71,000 acres des' · the potential res uses on To is¸ ac1 are tel The Use lands that in Drawl and prevent the encroachment o agricultural land~, the County has service area. The i~ : of this a "restrict the ne~ati, v. ~ _ rea development ~ ~ ~mpacts of a pattern puts on a are lands designate AG-5). These 'for agricultural and they retai the fiscal Beyond agricultural are for sidential ished a set of criteri which are to gui dec/s/on- conversion of exist agricultural land uses. It does not appear meets the criteria as called for it appear to meet the fundamental 11 provisions of, necessary infrastructure and services. While Policy that it residentia! Se~ Us. ' 16.1.2.2 indicates of individual parcel would preclude efficient of at a reasonable cost. It is recognized to provide services to low density in isolated areas. Land with Even of only deve the County has ds in order to meet estimate of the one acre per provides at least · the This caL residential purposes, uses on effect of No. 92-002 would present urban contain urban ~in urban areas. be d, serv: ' from to Third, Regional Policy 16.1.2 3 calls for new development to be compatible with; and compiementary, to sUrrounding land in be plenty of land available to on in area · _ _. accommodate · : s desl nat~ . Important a,r~..~._ .d for u~ban use, ~ ~uraz areas should not 13 flexible in the determination of concurrency for roadways. Under a concurrency man ~?velo~ment is allowe~ ~i _ _ agement s s em financing to b,.~ L~~ uo proceed as lo-- ~ t~e~, place or ~- ~u =ne necessary im~ .... ~--~ ~ =ne ca ' . ~ programmed as a ~emen=s is in Pltal improvements Program. P rt of a multi-year St. ~'Lucie not program. any at a No apparent response Amendment No. 92'-002 County,s concurrency management strategy the authorization to approve certain (comprehensive plan etc.), even in areas capacity may not exist or may .of the current capital improvements COuncil there are 1&nd use amendments which vision for a certain area, even if at could not Council densities fully discloses that St. such preliminary . to sign and legally record a affidavit whic~ puts the' c . Owners on not~ ~ urrent and capacity may preclude the Sideratio~ deVel°pment Owners. future land range is encourages of this Plans, on- suggest that be available from the County A. Objection me Proposed Amendment No. i the St. Luc~3--002 . is internally Plan inconsistent with a number of policies in ~= uoun=y Comprehensive the ~egional Comprehensive Policy Plan. to be no need for the land use change, St. Lucia County has Furthermore, for residential large vacant areas an provid: resi land of to res uses within the urban The proposed amendment would represent an the potential of conflict rS ~ agricultural us~ .... s between agricultu ~ __~, m~ en~ourage other ~i ~ - ~a~. ~=as to see~ conversion __ of the designated u~ ~1 use, and represents ~-~" ~erVlce area example of the 15 Recommendat/on_ Council sh their the comments outlined above and approve Affairs in to the State Department of Community · 11ment of the requirements of Chapter 163, Florida Statutes. Attachments 17 LAND USE S~OTT SCOTT IS ':,R SU CROOKS PRESBYTER: CHURCH RM REEVES OM 25TH ST~ET ASSOC ETHEL" HAYES 19 November 13, 1992 Pcolanni .n.c until Terry L. Virta, AICP Community Development Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Subject: Local Government Comprehensive Plan Review - Adopted Amendments to the St. Lucie County Comprehensive Plan; Reference #92-1 Dear Mr./Vir~a: Council staff has completed its review of the Sto Lucie County adopted amendments in accordance with Council's contract with the Department of Community Affairs (DCA) .and has prepared a report for Council consideration. This report will be presented to Council at its next regular meeting on November 20~1992· You are invited to attend the meeting and address the Council if you wish. Enclosed are staff's report and the agenda for the meeting. Following the meeting, the report as finally approved by Council will be forwarded to the DCA. If you would like to discuss the staff report or Council procedures for plan review, please do not hesitate to call me. Sincerely, Hess, AICP Plan~i~g Coordinator TLH:lb Enclosure 3228 s.w. mar~in downs blvd. suite 205 · p.o. box t529 palm city, florida 34990 phone (407) :22t-4060 sc 269-4060 fax [407) 22t-4067 TP~ASURE MEMORANDUM To: Council Members AGENDA ITEM 6B3 From: Staff Date: November 20, 1992 Council Meeting Subject: Local Government Comprehensive Plan Review - Adopted Amendments to the St. Lucie County Comprehensive Plan; Reference 992-2 Introduction Pursuant to the Treasure Coast Regional Planning Council's contract with the State Department of Community Affairs (DCA), the Council must review Comprehensive Plan Amendments after their adoption. St. Lucie County has submitted adopted amendments to the DCA, which in turn is seeking Council's comments. Council's review of the information provided by the DCA is to focus on the consistency of the adopted amendments with the Regional Comprehensive Policy Plan (RCPP) developed pursuant to Section 186.507, Florida Statutes. A written a determination of consistency with the Regional .Plan is to be provided to the DCA within 30 calendar days of receipt of the plan, elements or amendments. Bac~ound Council reviewed _~he DRAFT amendments to the County's Comprehensive plan at its meeting of May 15, 1992 (see attachment). The DRAFT amendments consisted of two amendments to the County's Future Land Use' Map. Council had one objection and two comments on the DRAFT amendments. Evaluation On July 21, 1992, the DCA issued an Objections, Recommendations and Comments (ORC) report on the DRAFT amendments. The ORe report c6ntained a total of eight objections to the proposed amendments. The County has a~opted the amendments with no changes, but has prepared a response report to the ORC regarding Amendment PA-92-002. In the transmittal letter which accompanied the materials pertaining to PA-92-002, the County suggests that the DCA of almost three milli0n cubic yards andis anticipated to serve the County until the year 2002. In 1996, another phase will add significantly more capacity to the landfill. The impact of 98 additional residential units will be negligible. 4. DCA CONCERN -~The amendment is inconsistent with several objectivesand policies of the County plan which deal with land use outside the urban service area, the conversion of~agricultural lands to nonagricultural uses,~concurrency, and land use densities outside the PlannedUrban Service Boundary. COUNTY RESPONSE - While the property lies outside the County urban service boundary, residential development at one dwelling unit per acre is not inconsistent with land uses in the area, nor does it integrity of the comprehensive plan. Primary land uses outside the urban service boundary remain agricultural. Lands surrounding PA-92-002, while used for agricultural purposes, generally carry land use designations which allow residential development at one or two kits per acre. Existing subdivisions lie to the west l the northwest. The subject property itself contains unrecorded non-conforming subdivision. The · RE designation for this property fits in ~with the of lands from higher density residential to Density at one dwelling unit per acre is no to existing active citrus production in the area. development will place no additional pressure on the conversion of agricultural lands inthe area. is not an issue, since no urban services are there is no identified decrease in the on roadways in the area. According to the plan, densities of greater than two dwelling Lore are to be within the urban service area. ect amendment is limited to a maximum of one unit per acre and requires no urban servlc~ is not inconsistent with County Future Land Use ~Policies. 5. DCA CONCERN- The amendment is inconsistent with State Plan Goals 16 (Land Use) and 20 COUNTY RESPONSE - Existing subdivisions to the north and west of the site have set the pattern for development in this vicinity. The County comprehensive plan provides for a gradual and logical transition in land use from east to west as follows: 1) urban densities and services~ 2) transitional from urban to rural densities~ 3) Relative to the. failure to address the potential impacts of development, the County indicates that land use amendments are considered preliminary development orders and, as such, consistent with policies contained in the County Capital Improvements Element, concurrency or capacity determinations are not made. 4) the potential of conflicts with lands and County policy.whiCh calls for ~ to be the primary use outside the urban service a~ea,~ee County ~rgues that in area will remain the primary land uses agricultural, and thatdue to some old subdivisions in the area, low density subject parcel is compatible. The that~this redesignation fits in by the County from e~ , Suburban Agricultural-Residential on the also argues transition is Estate finally, to since sadvanced by the County, which are similar tated prey .oui].y, do no~ a~eguately a~dress concerns. The amendment ii~ot consist~n~ ~nal Policy 16.1.1.2 regarding concurrency, I the County will postpone all cOncurre~ ions until the site plan Since ~ tper acre development clustered) the most costly, land consuming, and type of development, is not with Regional at one dwelling unit a reasonable range of to be very expensive The proposal is 16.1.2.2, since designated for low which remain urban service use in this area is n uses (including an airst with Regional location of a large lot subdi' fact that these low built out is~all the more land for such lacking, but make previously subdivisions less is too area. not to only is subject (or non- to be surrounding farm land. Such strat__t~qies onl]~tP~l~e sprawl, articularly when take~ tq extreme_9~s The C~Y~ lands designated for those who seek a more rural lifestyle. Conclusion Adopted amendment PA-92-001 appears to be CONSISTENT with the goals and policies contained in the RCPP. Adopted amendment PA-92-002 appears to be INCONSISTENT with the goals and policies contained in the RCPP. Recommendation Council should adopt the comments and recommendations outlined above and approve their transmittal to the State Department of Community Affairs in fulfillment of the requirements of the 1991-92 contract with the Department of Community Affairs. Attachments 7 ~nnend. Approx. No. Acreage ST. LUCIE COUNTY DRAFT' COMPREHENSIVE PLAN AMENDMENTS FUTURE LAND USE E?JRMENT ~Current Use PA-92-001 9.6 Residential Urban PA-92-002 164.0 Agri~ltural -2.5 Proposed Land Use Designation Approximate Location Commercial Northwest of the inter- section of 25th Street and Edwards Road. Residential Estate West side of Gentile Road one-half mile north of Okeechobee Road (S.R. 70) Residential Urban (RU) - Allows up to 5 dwelling units per acre. Residential Estate (RE) - Allows up to i dwelling unit per acre. Agricultural-2.5 (AG-2.5) - Allows up to i dwelling unit per 2.5 acres. Evaluation Local Planning Perspective - Amendment No. 92-001 would add an additional ~ten acres to the inventory of lands designated for commercial purposes at, or near, the intersection of 25th Street and Edwards Road. The County has now designated all quadrants of the intersection for commercial use, although the only existing commercial use is a convenience store in the southeastern quadrant. West of 25th Street, existing lands are primarily vacant, agricultural, or very iow density residential. East of 25th Street, the land use is low/medium density residential. A new middle school is under constructioN: a short distance south of the 25th Street/Edwards Road intersection. The redesignation of this vacant land for future commercial use does not seem inappropriate or in conflict with County policies. With a great deal of land now designated for commercial uses in this area, the County should carefully consider the appropriate zoning designations to provide a good mix of commercial uses for residents of thisarea. Amendment No. 92-002 would change the land use on a 164- acre parcel from its present d~signation as agricultural (AG-2.5) to a residential designation (RE). The property is located approXimately 1-1/2 miles west of the intersection of the Florida Turnpike and Okeechobee Road (State Route 70). :Present access to the property is via Gentile Road, an unpaved County local street which dead-ends near the northeastern boundary of the subject property. 9 5} It is not clear how the area could be provided with a reasonable range of services, such as sewer and water. The area is outside planned utility service areas. In summary, the staff and LPA conclusion is that the proposed change would extend urban development into it fails to meet the burden of proof of the need for achange in its land use designation. Council's assessment of the goals and policies of the County the previously used encroachment has agricultural uses to the west, as higher Lands previously used agricultural uses to the east, lands now lie exclusively west of ~lture in St. is to be avoided. In County designated including lands in an example, the County plan in the unincorporated area of is~based on a high growth lands occupied by ~ acre per three 35,000 acres of ac year 2015 projected y 71,000 acres use~ the potential residential also lead to the conclusion the is internally the plan. The expresses encroachment of into areas for agricultural purposes. This led to the gradual migration of in for Given this a future the year on would to uses on ~To ~rban sprawl and prevent the encroachment into agricultural lands, the County has service area. The intent of this area or "restrict the negative impacts of a density development the fiscal a pattern puts on a .Beyond ~ area are lands desi¢ ttural .5 and AG-5). These de~ are for for agricultural and~ tural- although they retain some-residential established a set of criteria in County Land licy 1.1.2.4 which are to guide the decision- the conversion of existing agricultural ~al land uses. does not appear land use meets the as called for nor does it appear to the fundamental 11 development shall take place concurrent with ~/after the provisions of, necessary infrastructure and services. While the proposed change in land use designation to a maximum of one dwelling unit per acre does not qualify as urban development according to the Regional or County plan, services wili stillbe required in this presently isolated area. Road improvements will be necessary, at least to the intersection of Gentile Road and S.R. 70 .11 be significant costs to bus school childre--~5~ school sites which are presently many miles wil th~ are~ by the ~riff's~ '-~' costs of patrolling None ofthese costs anticipated by the County AG-2 was assigned. Regional development should not be to of OCCUr necessary services at a idential in isolated areas. of de la] Policy 16.1,2.2 estimate one acre be based on Land amount Under has to meet Even amount of residential the .ethe of proposed be der infill residential L1 uses on the effect No. 92-002 the present urban to contain urban in urban areas. ~y the on from and to promote Third, Regional Policy 16.1.2.3 calls for new development to be compatible with, and complementary, to surrounding land uses and should not negatively affect existing approved activities. When residential development encroaches into agricultural areas, conflicts occur. The conflict may be immediate here, given the location of the private airstrip used for crop Furthermore, St. Lucie County is among the agricuItural areas of the State, recently prominence as the largest citrus producer in theState, of land available to accommodate the ation in areas designated for urban use, ~n: the important agricultural areas, should not encroachment be permltted. 13 flexible in the determination of concurrency for roadways. Under a concurrency management system, development is allowed to proceed as long as the financing to build the necessary improvements is in place or is programmed as part of a multi-year capital improvements program. St. County's concurrency management strategy the authorization to approve certain 'development orders (comprehensive plan zoning amendments, etc.), even in areas where capacity may not exist or may not be part of the current capital improvements program. Council recognizes that there are in considering iand use amendments which the vision for a certain area, even if infrastructure ,capacities could not opment at the permissible densities Council also recognizes that St. any at a fully discloses the such preliminary land owner to sign affidavit which puts owners on notice that may preclude the development owners. to grant future land when long range infrast , development trends, etc. infrastructure is likely to be date. capacity by record a and capacity encourages this on- that No apparent response from the County Amendment No. ,92-002 A. Objection sed Amendment No. 92-002 is internally with the St. Lucie County Comprehensive Plan and is inconsistent with a number of policies in the Regional Comprehensive Policy Plan. Furthermore, an providi residential and agricultural use, may encourage other to be no need for the land use change, Lucie County has large vacant areas for residential uses within the urban .area. The proposed amendment would represent on agricultural areas of the County, for the potential of conflicts between land owners i~ agricultural areas to seek conversion of lands outside of the designated urban service area to residential use, and represents an example of the 15 Recommendation adopt the comments outlined above and approve to the State Department of Community Affairs in fulfillment of the requirements of Chapter 163, Florida Statutes. Attachments 17 LAND USE SCO]'r SE}Tf I$ CROOKS CANAL ~cj ~-,~c:lment: 92-001 CHURCH REEVES 25'TH STREET ASS0C SU ETHEL" HAYES 19 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE o TALI'AHASSEE, FLORIDA 32399-2100 LAWTON CHILES LINDA LOOMIS SHELLEY Governor July-21, 1992 The Honorable Jim Minix Chairman, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Commissioner Minix: The Department has completed its review of the proposed Comprehensive Plan Amendment for St. Lucie County (DCA No. 92-2), which was submitted on April 13, 1992. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. I am enclosing t~e Department,s and Comments Re~ort ........ Objections. ~ .... Administrati..~ ~_~ ' ~ueu pursuant to ~1 - --e~mm~nd~uions County his ~=~e: ~pon receipt of th~~e 9Ji~l'~0, Florida determine that t~ .... to adopt, adopt ...~= -- LUcle · ~= ~oun~ ' = --~un cnan es The process f~ _~ .... Y will not adopt ~ ...... g , or · . . ~ =uUpclon of = ~-.= mropose~ am ~ o~tllned in s local comprehens' _ e~dment. ~ . . . -163.3184 F1 ' ~ve plan amen ±or,da Administrative o~ orlda Statutes, and R~,~ o~ ~ents Among the issues identified in the Report are the lack of data and analysis to support the increased density of land use as proposed by Amendment PA-92-002 and inadequate analyses of traffic and infrastructure facilities. It is very important that the adopted plan amendment address th~se issues, and all the objections in the Department,s CRC Report. Please contact me if any staff can be of assistance as you formulate your responses to this Report. Within ten Working days of the date of adoption, St. Lucie County must submit the following to the Department: Five copies of the adopted comprehensive plan amendments;-. A copy of-the adoption ordinance; EMERGENCY MANAGF_MENT . HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING ,AND MANAGEMENT The Honorable Jim Minix July 21, 1992 Page Two A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a deviation from the current rule requirement above, you are requested to provide one of the five copies of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council to be consistent with recent legislation. The regional planning councils have been asked to review adopted amendments to determine local comprehensive plan consistency with the Comprehensive Regional Policy Plan. Your cooperation in this matter is appreciated. (The Department will be promulgating a rule revision in the near future to implement the new legislation.) If you have any questions, please contact Maria Abadal, Plan Review Administrator, Dale Eacker, Community Program Administrator, or John Healey, Planner IV, at (904) 487-4545. RP/j hw Sincerely, Robert Pennock, Chief Bureau of Local Planning Enclosur. es: Objections, Recommendations and Comments Report Review Agency Comments cc: Daniel M. Cary, Executive Director, Treasure Coast Regional Planning Council Terry Virta, Community Development Administrator DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR ST. LUCIE COUNTY Amendment 92-2 July 21, 1992 Division of Resource Planning and Management Bureau of Local Planning This report is prepared pursuant to Rule 9J-11.010 INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the St. Lucie County proposed amendment to their comprehensive plan pursuant to s.163.3184, F.S. Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code, and Chapter 163, Part II, F.S. Each objection includes a recommend- ation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compli- ance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment.' If that is the case, a statement justifying its non-applicability pursuant to Rule 9J- 5.002(4), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendatiOns section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. OBJECTIONS, RECOMMENDATIONS AND COMMENTS St. Lucie County Amendment 92-2 Introduction The objections raised in this report concern Amendment PA-92-002. One of the primary issues related to the amendment are associated with urban sprawl. When the County's comprehensive plan was found "Not-in-Compliance" on March 21, 1990, one of the two major issues was the failure of the plan to adequately discourage urban sprawl. Based on the ratio of lands occupied by current residents (approximately 1 acre per 3 persons) approximately 35,000 acres of residential land would be needed to accommodate the year 2015 population (the planning timeframe). However, the County's Future Land Use Map (FLUM) designates 70,989 acres for residential development. Although the planwas brought into compliance through the amendment process, the allocation of residential land uses as shown on the FLUM was not changed from that which was originally adopted. Therefore, the Department is concerned with the proposal to allocate additional lands for residential uses and the coRsistency of the proposed amendments with plan policies established to address urban sprawl issues. The Department therefore concurs with the objections raised by the Treasure Coast Regional Planning Council to this amendment. The County should be aware of the difficulties resulting from large over allocations of residential (and other) land uses. As Rule Chapter 9J-5, F.A.C., requires that the allocation of land uses be based upon the projected population and discourage urban spraWl, amendments to the Future Land Use Map which seek to add to an already large inventory of non-rural or'non-agricultural lands are difficult to support. Further difficulties arise where the character of specific areas may be changing and land uses should be re-visited. However, without a comprehensive consideration of the adequacy of the current distribution of land uses (and subsequent reconfiguration), plan amendments either exacerbate, or create, development patterns characteristic of urban sprawl. In instances where comprehensive plans provide for a more than adequate supply of urban lands for future development (as does St. Lucie County's plan), it may be appropriate to reconsider the current distribution of higher intensity land uses. This could be accomplished on a County-wide basis or, by establishing specific planning areas for evaluation. Objections to Amendment PA-92-002 As noted above, the issue of urban sprawl is of concern to the Department with respect to this amendment. Rule 9J-5.006(2)(c) requires that an analysis of the amount of land needed to accommodate the County's projected population. The Future Land UseMap adopted by the t County currently provides for twice the amount of residential land needed to accommodate the year 2015 population. However, although the amendment proposes to add to this supply of residential land, an analysis which supports the need for additional residential land, above that which is currently provided for, has not been included. Also, please see the comments of the Treasure Coast Regional Planning Council regarding this amendment and the issue of urban sprawl. Recommendation In order for the proposed amendment to be supported by adequate data and analysis, include an. analysis demonstrating that the current inventory and/or distribution of residential land uses are inadequate to accommodate the County's projected population. Relevant factors would include unanticipated increases in the projected population, changing development patterns and housing demands. Also, if the County determines that the existing supply of residential land is adequate but that the current distribution should be changed to achieve its planning goals, it may be appropriate to redistribute residential uses without increasing the supply of such uses. An analysis of the impact of the increased densities as proposed by the amendment on the Florida Turnpike interChange (and interchange area) with SR 70 has not been included. Please see the enclosed comments of the Florida Department of Transportation which address this objection, Additionally, while data submitted by the applicant (T. Torres letter of March 19, 1992 to the County Planning Director, p. 7) appears to indicate that adequate capacity exists on the roadway system to maintain adopted level of service standards given the increased density, it is not clear that this estimate considers the adopted peak hour level of service standard. Rules 9J-5.007(2)(b); 9J-11.006(1)(b)4; and, 9J-11.006(4). Recommendation Include an analysis of the impact of the increased densities as proposed by the amendment on the Florida Turnpike interchange (and interchange area) with SR 70. Revise the facility capacity analysis and the analysis of the impact of the proposed amendment to be based upon and assessed against the adopted peak hour level of service standard. Although information has been submitted by the applicant that development of the subject site is anticipated to be served by central water and sanitary sewer facilities (see page 5 of Mr. Torres letter to the Planning Director dated March 19, 1992) facility capacity analyses for these facilities and the impact of the increased density on these facilities has not been included. Additionally, while the generation rate for solid waste has been estimated, an analysis identifying existing solid waste facility capacity and the effect of the increased generation rate on the adopted level of solid waste service standard has not been included. Also, an analysis of the availability and demand 6n and, capacity of drainage facilities has .nOt been inclUded. Rules 9J-5.011(1)(f); 9J- _11.006(1) (b)2.; 9J-11.006(1) (b)4..; and, 9J-11.006(3). Recommendation Include data and analysis for sanitary sewer, potable water and drainage facilities addressing existing facility capacity (i.e., surpluses or deficiencies), identification of the demand generated by the level of developmentallowable under the proposed land use category and, an assessment of the ~mpact on the County's adopted level of service standards. For example, on page 7 of the "Application for Change in Future Land Use Classification," dated December 26, 1991, the response to question #6 calculates the amount of solid waste that could be expected if the subject property was developed as 160 unit subdivision. The analysis should be expanded by identifying the existing capacity of solid waste facilities and the impact of the estimated generation rate on the County's level of service standard (i.e., can'standards be maintained or, would facility improvements or expansions be required). This type of analysis should be included for all facilities which would serve the subject site. Amendment PA-92-002 is inconsistent with the following goals objectives and policies of the St. Lucie County Comprehensive Plan: (a) Future Land Use Element Objective 1.1.2, which "...establishes agriculture as the primary use outside the urban service boundary and promote[s] retention of agricultural activities...," because the subject site lies outside the urban service boundary and is proposed for development at a density which is inconsistent with agricultural activities; (b) Future Land Use Element Policy 1.1.2.4.f., which provides that when converting existing or designated agricultural land uses to non-agricultural uses that the site will have available the necessary infrastructure concurrent with the anticipated demands for development, because adequate facility capacity analyses needed to supPort the amendment hav~Qt been included; (c) Future Land Use Element Policy 1.1.4.2, which requires that new development be designed so as not to place unanticipated economic burdens upon the services and facilities of the County, because facility capacity analyses for solid waste and traffic circulation are .inadequate and do not support the proposed amendment; and, (d) Future Land Use Element Policy 1.1.12.1, which provides for restricting higher densities and intensities of development to urban service areas, because the amendment proposes to establish higher intensity uses outside the Planned Urban Service Boundary. Recommendation Revise the proposed amendment and include additional data and analysis as recommended in the above cited objections. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN Proposed Amendment PA-92-001 is inconsistent with and does not further Goal 16 (Land Use), Policy (b)l., of the State Comprehensive Plan, which addresses the separation of urban and rural land uses, because adequate data and analysis has not been included to support the need for the increased density. Rules 9J- 5.005(2) and, 9J-5.021(1). Proposed Amendment PA-92-001 is inconsistent with and does not further Goal 20 (Transportation), policies' (b)2. and (b) 3., of the State Comprehensive Plan because an analysis of the impact of the proposed increase in density on the Florida Turnpike interchange (and interchange area) with SR 70 has not been included. Rules 9J-5.005(2) and, 9J-5.021(1). 4 Recommendation Revise the proposed amendment, including submitting additional supporting data and analysis, as recommended for the objections raised above. CONSISTENCY WITH THE REGIONAL POLICY PLAN Proposed Amendment PA-92-001 is inconsistent with and does not further Regional Policy 16.1.2.2 of the Treasure Coast Regional Policy Plan which indicates that Future Land Use Maps of local governments should be based on_the amount of land required to accommodate future growth and the projected population, because adequate data and analysis supporting the need for the ~increased density of land use has not been included. Rules 9J-5.002(2) and, 9J-5.021(1). Proposed Amendment PA-92-001 is inconsistent with and does not further Regional Policy i9.2;1.3, addressing acceptable level of service standards for roadways, because an analysis of the impact of the proposed increase in density on the Florida Turnpike interchange (and interchange area) with SR 70 has not been included. Recommendation Revise the proposed amendment, including submitting additional supporting data and analysis, as recommended for the objections raised above. DEPARTMENT OF TRANSPORTATION FLORIDA· L~W'rON CmLES ~k TRANSPORTATION PLANNING OFFICE - DISTRICT 4 BE,~ fo. WA'FrS GOVeRnOR ~ ~ %_~ .l~ Location: 4101 Rav~n~'ood Rd.. Bldg. #3. Y't. Laudcrdalc. ._.~._~ l~l~t~,~ Telephone: (305) 797-8510; Fax: (305) 797-8339 Mailing Addr~: 780 SW 24~ Street. Ft. Laudcrdal¢. FL 33315-2696 June 5, 1992 Mr. Robert Arredondo Department of Community Affairs Bureau of Local Planning 2740 Centerview Drive Tallahassee, FL 32399 BURFL%U .... '" Dear Mr. Arredondo: RE: Department of Transportation Review Proposed Comprehensive Plan Amendment St. Lucie County - Ref.~ 92-2 As requested in your memorandum of April 17, 1992, the Department has reviewed the documents for the proposed Comprehensive Plan Amendments for St. Lucie County. Our objections regarding the proposed amendments are enclosed. JMY:av enclo CC: B. Romig G. Schmidt A. Vandervalk Sincerely, jOSeph M. Yesbeck, P.E. District Director Planning and Programs DISTRICT 4, DEPARTMENT OF TRANSPORTATION COMMENTS, COMPREHENSIVE PLAN AMENDMENTS RESPONSIBLE DIVISION/BUREAU: NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM DCA: REQUIRED RETURN DATE FOR COMMENTS: Planninq St. Lucie County 04/22/92 06/06/92 ELEMENT: Traffic Circulation Traffic Analysis for Amendment Number PA-92-001 RULE DEFICIENCY: 9J-5. 007 (3) (c) l. 9J-5.'0055 9J-11. 006 (1) OBJECTION - The report states that there is insufficient roadway capacity to support the proposed amendment. Further, it is stated that this is a preliminary Development Order and can be approved provided that no right to develop is granted until such a time as adequate capacity is available. However, the documents do not address the availability of traffic circulation system nor discuss how adequate roadway capacity could be made available. There is no indication that the public facilities necessary to support such a land use amendment will be in place concurrent with the development. RECOMMENDATION - Revise the analysis of the transportation impacts of the proposed amendment to include a complete analysis of available services and the transportation system required to- support the additional development which would result f~om this land use amendment. REVIEWED BY: REVIEWED BY: REVIEWED BY: Anita Vandervalk Scott Seeburqer Gus Schmidt PHONE: 305-797-8510 PHONE: 305-797-8510 PHONE: 305-797-8510 DISTRICT 4, DEPARTMENT OF TRANSPORTATION COMMENTS, COMPREHENSIVE PLAN ~MENDMENTS RESPONSIBLE DIVISION/BUREAU: NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM DCA: REQUIRED RETURN DATE FOR COMMENTS: Planninq St. Lucie County 04/22/92 06/06/92 ELEMENT: Traffic Circulation Traffic Analysis for Amendment Number PA-92-002 RULE DEFICIENCY: 9J-5. 007 (2) 9J-11.006(1) (b) 4. OBJECTION - This amendment will have a significant impact on the surrounding transportation system. The impacts on the facility located directly adjacent to the proposed amendment site have been analyzed. However, the impacts on the Level of Service of the Turnpike Interchange with Okeechobee Road (SR 70) located just 2 miles from the site have not been addressed. RECOMMENDATION - Revise the application to include an analysis of the existing LOS of~ the interchange and other affected transportation system aspects in order to determine the present and future impacts of the proposed land use amendment. REVIEWED BY: REVIEWED BY: REVIEWED BY: Anita Vandervalk Scott Seeburqer Gus Schmidt PHONE: 305-797-8510 PHONE: 305-797-8510 PHONE: 305-797-8510 Mr. Robert Arredondo (904)48~14~ Dept. of Comm. Affrs. Bureau of Local Planning 2740 Centerview Dr. Tallahassee, FL 32399 FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building 500 South Bronough Tallahassee, Florida 32399-0250 Director's Office Telecopier Number (FAX) (904) 488-3353 BUREAU OF LOCAL PLANNING April 23, 1992 Re: Historic Preservation Review of St. Lucie County's (92-2) Comprehensive Plan Amendment Requests Dear Mr. Arredondo: According to this agency's responsibilities under section 267.061, Florida Statutes, and the provisions of sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the referenced documents to decide if data regarding historic resources have been given sufficient consideration in the request to amend the St. Lucie County Comprehensive Plan. Changing the Future Land Use designation and rezoning the 9.57 acre tract (File No. PA-92-001) from Residential to Commercial should have no adverse affect on historic resources in the county, since this tract appears to be in a low probability area for archaeological sites and lacks any historic buildings. On the other hand, changing the land use designation from Agricultural to Residential Suburban on the 163.92 acre tract (File No. 92- 002) may affect significant resources in the county. An area this large generally needs to be systematically surveyed to discover its potential for producing significant archaeological sites. As we stated in our review of the 92-1 amendment to the St. Lucie Comprehensive Plan, the county needs to sponsor a systematic, professional archaeological survey of the entire unincorporated county that is designed to: (1) revisit known sites to find out their present condition, (2) prepare predictive models for the location of sites, and sample selected areas to verify the validity of these models, and (3) delimit archaeological sensitivity areas within the county based on the study results. Finally, the county should consider adopting a policy to require Archaeological Research (904) 487-2299 Hofida lFolklife Programs (904) 397-2192 Historic Preservation (c~04 ~ 487-233g Museum of Florida History Page Two Mr. Robert Arredondo April 23, 1992 that any proposed developments scheduled within archaeological sensitivity areas undergo investigation (such as the tract noted above) to find out ifsignificant archaeological sites are present. On the other hand, areas outside the sensitivity areas would be free to proceed--barring no chance archaeological finds- as scheduled. The county also should locate and evaluate all its pre-1945 structures to ensure that they are considered before allowing any development or redevelopment to take place. Some matching grant funds for historic resource surveys may be available from the Grants and Education Section of the Bureau of Historic Preservation at (904) 487-2333. In sum, it is our opinion that the amended comprehensive plan meets the concerns of the Division of Historical Resources and the State of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J-5, F.A.C., regarding the identification of known historical resources within their specified area of jurisdiction, and for the establishment of policies, goals and objectives for addressing historical and .potentially significant historical resources in St. Lucie County. If you have any questions regarding our comments, please feel free to contact Michael Wisenbaker or Laura Kammerer of the Division's compliance review staff at (904) 487-2333. L,~ George W. Percy, Director Div. of Historical Resources FLORIDA DEPARTMENT OF STATE Mr. Robert Arredondo Dept. of Comm. Affrs. Bureau of Local Planning 2740 Centerview Dr. Tallahassee, FL 32399 Jim Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building ,500 South Bronough Tallahassee, Florida 32399-0250 Director's Office Telecopier Number (FAX) (904) 488-1480 (904) 488-3353 BUREAU OF LOCAL PLANNING I PLAN REVIEW April 23, 1992 Re: Historic Preservation Review of St. Lucie County's (92-2) Comprehensive Plan Amendment Requests Dear Mr. Arredondo: According to this agency's responsibilities under section 267.061, Florida Statutes, and the provisions of sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the referenced documents to decide if data regarding historic resources have been given sufficient consideration in the request to amend the St. Lucie County Comprehensive Plan. Changing the Future Land Use designation and rezoning the 9.57 acre tract (File No. PA-92-O01) from Residential to Commercial should.have no adverse affect on historic resources in the county, since this tract appears to be in a low probability area for archaeological sites and lacks any historic buildings. On the other hand, changing the land use designation from Agricultural to Residential Suburban on the 163.92 acre tract (File No. 92- 002) may affect significant resources in the county. An area this large generally needs to be systematically surveyed to discover its potential for producing significant archaeological sites. As we stated in our review of the 92-1 amendment to the St. Lucie Comprehensive Plan, the county needs to sponsor a systematic,' professional archaeological survey of the entire unincorporated county that is designed to: (1) revisit known sites to find out their present condition, (2) prepare predictive models for the location of sites, and sample selected areas to verify the validity of these models, and (3) delimit archaeological sensitivity areas within the county based on the study results. Finally, the county should consider adopting a policy to require Archaeological Research (904) 487-2299 Florida Folklife Programs Historic Preservation Museum of Florida History (904) 397-2192 Page Two Mr. Robert Arredondo April 23, 1992 that any proposed developments scheduledwithin archaeological sensitivity areas undergo investigation (such as the tract noted above) to find out if significant archaeological sites are present.'Onthe other hand, areas outside the sensitivity areas would be free to proceed--barring no chance archaeological finds- as scheduled. The county also should locate and evaluate all its pre-1945~structures to ensure that they are considered bef6re allowing any development or redevelopment to take place. Some matching grant funds for historic resource surveys may .be available from the Grants and Education Section of the Bureau of Historic Preservation at (904) 487-2333. In sum, it is our opinion that the amended comprehensive plan meets the concerns of the Division of Historical Resources and the State of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J-5, F.A.C., regarding the identification of known historical resources within their specified area of 'jurisdiction, and for the establishment of policieS, goals and objectives for addressing historical and potentially significant historical resources in St. Lucie County. If you have any questions regarding our comments, please-feel free to contact Michael Wisenbaker or Laura Kammerer of the Division's compliance review staff at (904) 487-2333. George W. Percy, Director Div. of Historical Resources BOB CRAWFORD COMMISSIONER Florida Department of Agriculture & Consumer Services The Capitol Tallahassee 32399-0810 June 17, 1992 PLEASE RESPOND To: BUREEAL! OF'LO,.,.'"'~.L PLAN.t,,~G Mr. Robert Arredondo Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Dear Mr. Arredondo: We have reviewed the St. lucie County Comprehensive Plan Amendment 92-2 as requested. No inconsistencies have been noted during the course of our review process. Other comments may be forthcoming later as we continue to review the above proposed plan amendment. Should you have any questions, please contact me at 488-3201 Sincerely, BOB CRAWFORD COMMISSIOI{ER OF AGRICULTURE Fr~a n~~r~~;:i~' ~~re c t or Bureau of Planning and Budgeting DIVISION OF ADMINISTRATION 488-3201 FB/jh STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE · TAL LAH ASS EE, FLORIDA 3239'9-2100 LINDA LOOMIS SHELLEY LAWTON CHILES Governor Secretary June 2, 1992 MEMORANDUM TO: FROM: SUBJECT: Robert Arredo~do Division of ~esource Planning and Management Rod Westall '. Division of~mergency Management Proposed Comprehensive Plan Amendment Review The Division of Emergency Management has completed its review of the proposed comprehensive plan amendment for St. Lucie County (Reference Number 92-2). We have no objections, recommendations or comments related to 9J-5.012: Coastal Management. If you should have any further questions, please call Dan Evans at 487-4915. RW:dem cp3/stluc EMERGENCY MANAGEMENT · HOUSING'AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT FLORIDA DEPARTMENT OF NATURAL RESOURCES Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 May 4, 1992 Lawton Chiles Governor Jim Smith Secretary of State Bob Butter~orth Attorney 6ene~ 6e~d Le~i~ State Cemptroller Ton f~lb~her St~t~ Tre~urer Bob C~wford Commissioner of Agriculture Be~ Castor Commissioner of F, duc~tion Mr. Robert Ar.redondo Department of Community Affairs Bureau of Local Planning 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Arredondo: Staff of the Department of Natural Resources have reviewed the proposed comprehensive plan amendment, reference number 92-2, for St. Lucie County and have no comments. Sincerely, Assistant Executive Director DED/mpp AdminL~tration Beaches and Shores Law Enforcement Marine Resources Recreation ~nd Parks Resource Management State Lands BOB CRAWFORD COMMISSIONER Florida Department of Agriculture & Consumer Services The Capitol Tallahassee 32399-0810 June 17, 1992 PLEASE RESPOND To: ~../~.~,-~.. ~'-~ ~-~,,~-.~ BUREAU OF LO,,..;' ""/-,.L Mr. Robert Arredondo Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Dear Mr. Arredondo: We have reviewed the St. lucie County Comprehensive Plan Amendment 92-2 as requested. No inconsistencies have been noted during the course of our review process. Other comments may be forthcoming later as we continue to review the above proposed plan amendment. Should you have any questions, please contact me at 488-3201 Sincerely, BOB CRAW-FORD COMMISSIONER OF i~IC'[~]R~ Frank Browning, Budget Director Bureau of Planning and Budgeting DIVISION OF ADMINISTRATION 488-3201 FB/jh STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CEN TERVI EW DRIVE · TALLA H ASSEE, FLORIDA 3239'9-2100 LINDA LOOMIS SHELLEY LAWTON CHILES V~d~t~ ~.X~5~~ Governor Secretary June 2, 1992 MEMORANDUM TO: FROM: SUBJECT: Robert Arredo~do Division of Resource Planning and Management Rod Westall~ Division of'Emergency Management Proposed Comprehensive Plan Amendment Review The Division of Emergency Management has completed its review of the proposed comprehensive plan amendment for St. Lucie County (Reference Number 92-2). We have no objections, recommendations or comments related to 9J-5.012: Coastal Management. If you should have any further questions, please call Dan Evans at 487-4915. RW:dem cp3/stluc EMERGENCY MANAGEMENT ,, HOUSING'AND COMMUNITY DEVELOPMENT o RESOURCE PLANNING AND MANAGEMENT FLORIDA DEPARTMENT OF NATURAL RESOURCES Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 May 4, 1992 La~on Chiles Governor Jim Smith Secretary of Slate BOb Bu~rworth Atlorney 6eneral 6~rald Le~s State Comptroller Tom 6allagher Bob Cr~wford finumissioner of Agriculture Betty ~astor f~numissioner of Education Mr. Robert Arredondo Department of Community Affairs Bureau of'Local Planning 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Arredondo: Staff of the Department of Natural Resources have reviewed the proposed comprehensive plan amendment, reference number 92-2, for St. Lucie County and have no comments. Sincerely, Assistant Executive Director DED/mpp Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands DEPARTMENT STATIC.. OF FLORIDA O/F COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE o TALLAHASSEE, FLORIDA 32399-2100 LINDA LOOMIS SHELLEY LAWTON CHILES Gow~nor Secretary July-21, 1992 The Honorable Jim Minix Chairman, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Commissioner Minix: The Department has completed its review of the proposed Comprehensive Plan Amendment for St. Lucie County (DCA No. 92-2), which was submitted on April 13, 1992. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. I am enclosing the Department's Objections, Recommendations and Comments Report, issued pursuant to Rule 9J-ii.010, Florida Administrative Code. Upon receipt of this letter, St. Lucie County has 60 days in which to adopt, adopt with changes, or determine that the County will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s.163.3184, Florida Statutes, and Rule 9J-11.0tl, Florida Administrative Code. Among the issues identified in the Report are the lack of data and analysis to support the increased density of land use as proposed by Amendment PA-92-002 and inadequate analyses of traffic and infrastructure facilities. It is very important that the adopted plan amendment address th~se issues, and all the objections in the Department's ORC Report. Please contact me if any staff can be of assistance as you formulate your responses to this Report. Within ten working days of the date of adoption, St. Lucie County must submit the following to the Department: Five copie~ of the adopted comprehensive plan amendments;'- A copy of-the adoption ordinance; EMERGENCY MANAGEMENT o HOUSING AND COMMUNITY DEVELOPMENT o RESOURCE PLANNING AND ~NAGEMENT The Honorable Jim Minix July 21, 1992 Page Two A listing of additional-'changes not previously reviewed; A listing of findings by the local governing bgdy, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a deviation from the current rule requirement above, you are requested to provide one of the five copies of the'adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council to be consistent with recent legislation. The regional planning councils have been asked to review adopted amendments to determine local comprehensive plan consistency with the Comprehensive Regional Policy Plan. Your cooperation in this matter is appreciated. (The Department will be promulgating a rule revision in the near future to implement the new legislation.) ~ If you have any q~_estions, please contact Maria Abadal, Plan Review Administrator, Dale Eacker, Community Program Administrator, or John Healey, Planner IV, at (904) 487-4545. RP/jhw Sincerely, Robert Pennock, Chief Bureau of Local Planning Enclosur. es: Objections, Recommendations and Comments Report Review Agency Comments cc: Daniel M. Cary, Executive Director, Treasure Coast Regional Planning Council Terry Virta, Community Development Administrator DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR ST. LUCIE COUNTY Amendment 92-2 July 21, 1992 Division of Resource Planning and Management Bureau of Local Planning This report is prepared pursuant to Rule 9J-11.010 INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the St. Lucie County proposed amendment to their ~omprehensive plan pursuant to s.163.3184, F.S. Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code, and Chapter 163, Part II, F.S. Each objection includes a recommend- ation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some or-these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compli- ance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment.' If that is the case, a statement justifying its non-applicability pursuant to Rule 9J- 5.002(4), F~A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. which follow the objections and recommendatiOns advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments' are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. better present a( or Lucie when any of the type going flexible in th ' · .. ~velo~ment · -uuurrenc m is allowed t° ,,_~__=anage~ent system, lnancing~to build the ~--~==u as long as th~ necessary improvements is in place or is programmed as part of a multi-year capital improvements program. St. Lucie County,s COncurrency management strategy includes the authorization to approve certain (comprehensive plan where zoning amendments, etc,), even in areas capacity may not exist or may not be- part 'of the current capital improvements program, Council recognizes that there are use amendments which the for a certain area, even if strUcture capacities could not at 'the Council also ies .zes that St. fully discloses the lack of capacity owner to orders by affidavit, whick record a owners on and preclude the to grant future long range development at a future date. No apparent response from the Count~ Amendment No. 92-002 land use ges this on- that able A. Objection Proposed Amendment No. 92-002 is internally inconsistent with the St. Lucie County Comprehensive Plan and is inconsistent with a number of policies in the Regional Comprehensive Policy Plan. Furthermore, there appears to be no need for the land .use change, since St. Lucie County has large vacant areas designated for residential uses within the urban service area. The proposed amendment Would represent an infringement on agricuItural areas of the County, providing for the potential of conflicts between residential and agricultural use, may encourage other land owners in agricultural areas to seek conversion of lands outside of the designated urban service area to residential use, and represents an example .of the 15 Recommendation Council th ~ . should adOPt the comments outlined above and approve ear transmittal to the State Department of Community Affairs in fulfillment of the requirements of Chapter 1~3, Floridastatutes. Attachments 17 LAND USE ~t 9-~-OOz SCOTT SCOTr CROOKS CANAL O-IURO. t RM REEVEs OM 2b-TH STREET ASSOC SU ETHEL" HAYES 19 N°ve~ber 13, 1992 Terry L. Virta, AICP ' CommUnity Development Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Subject: Local Government Comprehensive Plan Review - Adopted Amendments to-the St. Lucie County Comprehensive Plan; Reference ~ #92-1 Dear Mr.~r~a: Council staff has completed its review of the St. Lucie County adopted amendments in accordance with Council,s contract with the Department of Community Affairs (DCA) and has .prepared a report for Council consideration. This report will be presented to Council at its next regular meeting on November 20,'1992. You are invited to attend the meeting and address the Council if 'you Wish. Enclosed are staff,s report and the agenda for the meeting. Following the meeting, the report as finally approved by Council will be forwarded to the DCA. If you would like to discuss ~the staff report or Council procedures for plan review, please do not hesitate to call me. Sincerely, Hess, AICP Planning coordinator TL~:lb Enclosure 3228 s.w. rnarfin downs blvd. suife 205 - p.o. box '1.529 palm city, florida 34990 phone (407) 22'1-4060 sc 269-4060 i~ax (407} 22'1-4067 ~URE COAST REGIONAL PLANNING COUNCIL ~[EMORAN DU~ To= From: Council Members Staff AGENDA ITEM 6i33 Date: Subject: Introduction _N°Vember 20, .1992 Council Meeting ~ P=~u-~ments to the St. ~---:- Review - comprehensive Plan- ~ ..... .~._~e County- Pursuant to the Treasure Coast Regional P1 ?~2~a%% with the Stat -~- ..... arming Counc~,, ~;, =ne Council must ~..~_rumen~. or Communit Af ~? s after ~-:- _ .. ~w~w ~om~reno-~ .... ~ Y f 1rs ~=xr ~option. St. -= ..... ~*= m~an Amendments Lucie County has submitted adopted amendments to the DCA, which in turn is seeking Council,s comments. Council,s review of the information re ' to focus the ~ . on the consisten~ ,~ ~=_ ~ yl~ed by the DCA is u aegxonal Comprehensi~i %%1~ a_a~p=ea amendments with p rsuant t? Section 186.507, Flo~fdam~%~(~CPP) developed report containing a determination of ~=~=~s. A written Regional m~an is to b ...... onslstenc wi calendar days of = provl~e~ to the DCAy th the within 30 amendments, receipt of .the plan, elements or Council reviewed .:~he DRAFT amendments to the County,s comprehensive plan at its meeting of May 15, 1992 (see attachment). The DRAFT amendments consisted of two amendments to the County,s Future Land Use~ Map. Council had one objection and two comments on the DRAFT amendments. Evaluation On July 21, 1992, the DCA issued an Objections, Recommendations and Comments (ORC). report on the DRAFT amendments. The ORC report: c6ntained a total of eight Objections to the proposed amendments. The County has adopted the amendments with no changes, but has prepared a response report to the ORC regarding Am~ndmont PA-92-002. In the transmittal letter which accompanied the materials pertaining to PA-92-002, the County suggests that the DCA ano =Y un=a/ the anticipated ther ~hase= - . year 2002. P . will add ' · . In 1996, the landfil~ .~_ ; s. ignlflcantly mot capacity to · . *- -z'~e ~m act . . e units will be neglig~e~. of 98 additional residential DCA CONCERN- The obj, amendment is inconsistent with several the County comprehensive plan the outside the urban service area, lands to nonagricultural densities outside the COUNTY RESPONSE county ,urban seJ.--W -i,le t _e property lies --~ =~s~unslsl:ent with in the area, nor does it compromise the integrity of the comprehensive plan. Primary ~land uses outside the urban service boundary remain agricultural. . Lands surrOunding PA-92-002 purPoses, generally.- .... ~ _le used for agricul~,~=~ ould allow resi~en~?~y use d signatiOns ~wellin~ un~ ~-- ~- ueve~opment a~ the wes~ ~o ~=r acre. Existing - u~= or two Subdivisions lie to and the northwest. The subject property itself contains an unrecorded RE designation non-conforming subdivision. for this "ro-e ..... The transition of lands from ~ F- ~ ~-%~ ~lts in with the agricultural. . nigher aenslty ~esidential to Density at One dwelling un'it per acre is no threat to .' -.. area The existing active cltrus production in. the · development will place no additional pressure on the conversion of agricultural lands ~n the area. Concurrency is not an issue, since no urb required _ , and there is no ~ ....... an services are tievel of service oin ~oa~wa .... s ~uen=l=le~in decrease in' the he County plan, densitiesYo~ ___t~_~ areg. According to ~its per acre are to be wit[~r~e~er .th~an' two.dwellin ulnce the subject amendme_~ ~ ,.un~ .~:b~n service area~ '~u x~ ~lmt=ed to a maximum one dwelling unit per acre and requires no of services, it is not urban Use Policies. inconsistent with County Future Land DCA CONCERN -- The amendment is inconsistent with State Comprehensive Plan Goals 16 (Transportation). _- (Land Use) and 20 COUNTY RESPONSE - Existing subdivisions west of the site have t ' · · set the to the north and ~ur. a gradual and ~--~--~ ~ P ehenslve plan east e~ ..... ~ --~u~x .=ransi ~ ~- -- w=~u as fol - t_~ xn lan~ use _. lows. 1~ u~ . . from- services; 2) transitional ; Dan densities and from urban to rural densities; 3 development ~orders. and· as such · P°11cies contai..~--~-~nune-~- u- -' ~_~' consXstent w'thl_. E ounty~ lement- c . p tal I roy · __~ ,,., · oncurrency or'c ~,~...~ ..... m~.. ements non maae. ap__.~ ue=er~lnatiolls ~re 4) Relative to.. the~ potential._.., of conflicts with and ' County:? poliCy which;' calls for to be: r~.the-':primary ,~: use ar .........outside the the land; uses . e area will remain · and that ':due to some~ old subdivisions in , low density residential - · use on the 17 compatible. ~ignati0n fits i~ ~-.~'~~.y a.lso argues the County from e~-~- ~- _ !nsltmon : "Residential, an Residential, suBU~ Residential Estate · Agricultural-Residential and, finally· agricultural. ~ohe~: - ::°s~a~d~v~a_nc~e__d_.by ~the C_ounty, which are sim' Council,- -~ =u. Pr--vlously, ~0 not ade~,=~-~ ..... zlar 7-'-~ ~ concerns. ~e .... ~ .... ' ~=~ uuar~s wi~ RegiOnal Policy 16.1~7~'~%~= ~ not consistent slnoe the Oount-- ..~-. - . garbing oon~rren . .x w~l , o~ o ~' dwellln--uti- pl~ stage. Sinc- ~ . ~ = 'per acre development (unless Clus%~ }s ~erhaps the most cos~.. ~ _~ - red) lnefficient t,_e ~, .... ~r,. lanu cons~in a . ' zm. ~ uevel, o merit g/ nd ~onslstent. with R' ' p - , ~e .Pr°p°sal zs not ueveloDmene ~ .... ~l~nal Poll~ ~ ~ ~~ sparce for a rea .... =~- --= --~ ~er acre is too ' ~~ r~ e · · -- dense enough to R ....... g of urban se~zces but ~e lot- te~ -=_ ~r ~ nszve to the ~1' ' - . ~ ' - · ~-ne r · P lc Regional o icy xs 97t consistent ueve xow ~e~' . }~pment which .. remain ,, .... , ~ l~y residential outside the urban se~]~-i~''~' ~ ~o~ inside a~ . ~ ~ . . -,~u~ .area% ~w dens~ residential use ~n ~s area ~s not compatible wi~ ~sting uses (including an airstrip used for crop~ dusting~ consistent wit~ Regional ~olicy 16.t. 2.3 despite the lo~tion of a couple ~ developed . of sparc large lot s~divisio~ ~n ~e area=~Y. Perhaps the fact ~at ~ese low d~sity s~divis~ons are far from built out is=all ~e more reason not to designate more land for such P~oses. Not only is the need lacking, but redesignation of the s~ject parcel will make previously approved (or non- confo~ing) s~divisions less likely successful, to be 5 £ a · onl o , r~cular ce hose who seek a more rural lifestyle, lgnated for Conclusio~ Adopted amendment PA-92-001 appears to be CONSISTENT with the goals .a~d policies contained in the RCPp. Adopted amendment-.PA-92-002 appears to be INCONSISTENT with the g°als~iand;p°licies~ . contained in the RCPP. Recommendation Council should adopt the comments and recomm~_endations outlined above and approve their transmittal to the State Departmen~ of Community Affairs in fulfillment of the requirements of the 1991-92 contract with the Department of Community Affairs. Attachments 7 ST. LUCRE COUNTY DRAFT-COMPREHENSIVE PLaN AMENDMENTS FUTURE LAND USE ELEMENT Current Proposed Amend. Approx. Land Use Land Use No. c~ Desl~tion Designation PA-92-001 9,6 PA-92-002 164.0 Residential Urban Agricultural - 2.5 Commercial Residential Estate Approximate Location Northwest'of the inter- section of 25th Street and~Edwards. Road~· West~side of Gentile Road one-half mile north of Okeechobee Road (S.R. 70) Residential Urban (RU) ReSidential Estate (RE) Agricultural-2.5 (AG-2.5) - Allows up to 5 dwelling units per acre. Allows up to i dwelling unit per acre. Allows up to I dwelling unit per 2.5 acres. Evaluation an additional ten a~res to the i - - add Local Plan~ing PerspeCtive - Amendment No. 92 001 would for commercial purposes at, o n~%~?ry of ~ands designated 25th Stre~tand Edwards Road. ~he ~r, _the intersection of all quadrants of ~e inters;-~.u°un~y nas now designated . . ==lon for ~ommercial use, although the only existing commerci st~r~, in the southeastern m,~_~ al ~se. is a convenience exls=~g lands are primarily vacant, low d~'/s~ ~%a%~ .~a~. 0f. 25 ~thagricultural/street, the land°r verYuse is ' re~l~e =-~-a,,~. ~es~ of 25th Street, low/med~um density residential. A new middle under construction~ a' ~ ~= ..... school is . . sh~ ux~=ance south Street/Edwards Road intersection. -- The redesignation of this vacant land for future commercial use does not seem inappropriate or in conflict with County policies. With a great deal of land now designated for commercial uses in this area, the County should appropriate zonin- desi -~' . carefully consider the c~ · ~ gnatlons to r ' mmerclal uses for residents of thisP~de a good mix of ~en27~an;ce~°'frff ~ ~nJh~sg~Jite~nd use on a 164- - ) to a residential des~-~ ~. _ ~s agricultural gnan~on (RE). The proper~cy is located approximately 1-1/2 miles ~, the Florida T~rnpike and ~_wu~t_o%th_e lntersection · ~==~no~e~ ~oa~ (State Route ~u;.. Present access t° the property is via Gentile Road, an unpaved County local street which dead-ends near the northeastern boundarY of the subject property. ~-u~ drea ~s oucslae --l~---= --~--~-- .. er and water. ~ ~u,~u u~l~y service areas. In s ~ummary, tb.e staff and -LPA conclusion is that the proposed change would extend Urban development ihto a ' gr.lc~ltural areas and it fails ~to .meet the burd.en of proof of C~e need for a change in its ~ana use designation. cC~Tcil's ~aSsessment of the goals and 1icrc ~rehe ~ ..... po s of the ro Osed i - ao %0_ the co-=.lusion that ty conc.ern~.~, about .the. encroachment of ..... ~lan expresses agricultural u~es to ~- i_L_~ e ~g_.ra. dual _migration- of ~= w~sc, as higher value urban uses have'-oCcupie.d, lands previously used .purposes. While so . _ __ for agricultur _ · . . me agrlcult . al isolated areas to the eastUra~l_~us._es contln_ue.to occur in agricultural ~u~Ose_ ~ .... ~: .~unu~ .now designated fo · ~= i~ °. ''= ~x=~uslvely wes= of I-~bS. Givenr the lmportanc~ of agriculture ~ encroachment is ~ . n St. Lucle County, cont'nn~ , to be avol , 1 encroachment, the C .... ~_ = _d. ed.. In_order to avoid th' urban devel~P~mn%, ~"~ ueslgnated large areas for fu~es including lands in the 1-95/Turnpike corridor. As an example, the County plan projects a future population in the unincorporated area of 93,000 by' the year 2015. This is based on a high growth scenario. Based on the ratio of lands occupied by current residents (approximately one acre per three persons) .the County would ne~d approximately 35,000 acres of residential land to accommodate the year 2015 projected population. The County currently has nearly 71,000 acres designated for residential use, excluding the potential residential agricultural lands, uses on To. further contain ~urban sprawl and prevent the encroachment of urban uses into agricultural lands, designated an urban the County has is to contain service area. The i~tent of this area . ~r "restrict the negative impacts ~f a ~prawling, ~ow ~ensity development pattern and the fiscal impacts that such a Pattern puts o~ a community.,, BeyOnd the urban service are~ are lands designated for agricultura1 activities (AG-2.5 and AG-5). These designations are for areas most suitable for agricultural a~d agricultural- related activities, although they retain some residential development rights. ~ The County has established a set of criteria in County Land Use Element Policy 1.1.2.4 which are to guide the decision- making process for the conversion of existing agricultural lands to non-agricultural land uses. It does not appear that .the proposed land use meets the criteria, as called for in this policy, nor does it appear to meet the fundamental 11 the pro Sed ~h ._~'~.'~'E znrr__asr, ructure and services, po ange ~n land us- ~--'-----. - . Whale ~ ~=~n~on 1:o a maximu~ of will Off occur as urban County. plan, 'isolated least to and S.R. which designation development $ the County be would preclude efficient to at a reasOnable cost. It to provide services to low density in isolated areas. Second '' · , . ~sof 19c~1 governments should be b~-A~ .... . of luna required to =o=u un =ne amoun the accommodate future growth, the projecte~ population, · availability of' public services, etc. Under the current plan, the County has made very generous designations of. lands in order to meet future needs. Even with a very liberal estimate of the amount of residential needed County,s one acre per 'every three persons) land neces ...... provides at least double th ...... !~th~ · ~ ~0 accommo ~ ~m~tAA~ O~ populatiOn in ~he v~ ~= d_a~? t~e County,s Dro~ec ~ permitted purposes, excluding the uses on agriculturally designated lands, the effect of residential development on proposed Amendment No. 92-002 would be to detract from development within the present urban service area and to detract from efforts to contain urban sprawl and to promote infill development in urban areas. Third, Regional Policy 16.1.2.3 calls for new development to be compatible with, and complementary, to surrounding land uses and should not negatively affect existing approved activities. When residential development encroaches into agricultural areas, conflicts occur. immediate The conflict may be here, given, the location, of the private airstrip · p r~un= agrlcul=ural areas ~f the' State, recently reaching~ prominence as the 1ar es in the'State, w~t~ ~le_~ ...... ? t c~trus producer future population in a~- ~-. _~ ~e _to accommodate encroachment on the ~~-~° j=~aat~a for urban use ~--~-~.t agricultural areas ' be Permitted. should not 13 flexible in the determination of con r_oadways. Under a ------£- currency for finanCin" to b,,-''~ -'~ =o .procee~ as ion a~ th& ~ . -~u ~ne necessa im g · place or , ry provements - - is pr . __ is in capital ~mprovements program, p rt of a au/t~-year St. Lucie lza=ion to approve pre! .development-.. orders certain (comprehensive plan zoning:.amendments,.etc.), even in areas may not'.exist or may not be part of ..the current capital improvements program. Council recognizes, that there are betterdefinethe visio- ~ . amendments which ' ~ rot a cer~ ' present ~ infrastzl/ctur~ - ....... aln area, even if or intensities ~-.~l-i~ . wermlss.lDle'densities · . - ~=la also recognizes that S ~cae County fully disclos~_ ,j_ ~ i i t; reWnenqu iriiSSuin"ngthe~ s"~lan'~" prezlmlna---'~i'. ~°ry_. uev~ elo_-laCKpment°f ordersCapacity ; ~ d owner to si by ~onconcurrency affidavit wh..?n_~ %?gally record a any future o,---=~- i_ ~-.~uus r~le current, and shortcomings may ----~..~_ -~ ~=lce that capacity of any final d _ d~ate consldera · evelo men . txon the County to ~ran~p ~,,~._o_w~,ers. Cou~_c~l encoura es type onl~ whe- ~--- - a_nd ~se cnan es o . z - ~un ran · g f this golng stu'' : ' ~_ ge in=restructure D add P , t trends e _~ xt~oga1 infrastructUre ~, ~:,_f, t~., .suggest that . . ~ ~e~y to De available u= a ru=ure date No apparent response from the County Amendment No. 9~-00~ A. Objection 1. ~roposed .Amendment No. 92-002 is inte--- · nconsisten= with the ~t '- · '- . rnully Plan and is in~ons' - hucle co.%tn=y Comprehensiv the RegionaI ~ .... ~en~ with a number of Doli-~-- ~'~= =ppears to be no ne-~ ~--=~J~" ~ur~nermore,. ~ln?e St. Lucie Coun~..~t~ .une land use change ueslgnated for res~-214_."~s large vacant are~ serv{-~ ..... ~=-uzul uses wi~w~ .... _ .~= =rea. The promosed =-~-= .... ~n_=ne urban an Infringement o~ __L% .~. ~--~-umen= WoulO reDresen+ - ~grzcuItural areas of the ~oUnty, providing 'for the potential of conflicts between residential and agricultural use, may encourage other land- owners in agricultural areas to seek conversion of.lands outside of the designated urban service area to residential use, and represents an example of the 15 __. t" .-~.~men~ or the re~ire~-~- _~ _i . unity Florida Statutes. = .... ,,~ uz unapter 163, Attachments 17 LAND USE 13 so)Tr SCOTT ! CROOKS SU- CANAL REEVES STREET ASSOC ETHEL HAYES 19 OBJECTIONS, RECOMMENDATIONS AND COMMENTS St. Lucie County Amendment 92-2 IntroduCtion The objections raised in this report concern Amendment PA-92-002. One of the primary issues related.to the amendment are associated with urban sprawl. When the County's comprehensive plan was found "Not-in-Compliance,, on March 21, 1990, one of the two major issues was the failure ofthe plan to adequately discourage urban sprawl. Based on the ratio of lands occupied by current residents (approximately 1 acre per 3 persons) approximately 35,000 acres .of residential land would be needed to accommodate o ~ the year 2015 ppulatlon (the planning timeframe). However, the County's Future Land Use Map (FLUM) designates 70,989 acres for residential development. Although the plan was brought into compliance through the amendment process, the allocation of residential land uses as shown on the FLUMwas not changed from thatwhich was originally adopted. Therefore, the Department is concerned withthe proposal to allocate additional lands for residential uses and the consistency of the proposed amendments with plan policies established to address urban sprawl iSsues. The Departmenttherefore concurs with the objections raised by the Treasure Coast Regional Planning Council to this amendment. The County should be aware of the difficulties resulting from large over allOcations of residential (and other) land ~ses. As Rule Chapter 9J-5, F.A.C., requires that the allocation of land uses be based upon the projected population and discourage urban sprawl, amendments to the Future Land Use Map which seek to add to an already large inventory of non-rural or'non-agricultural lands are difficuit to support. Further difficulties arise where the character of specific areas may be changing and land uses should be re-visited. However, without a comprehensiv? consideration of the adequacy of the current distribution of land uses (and subsequent reconfiguration), plan amendments either exacerbate, or create, development patterns characteristic of urban sprawl. In instances where comprehensive plans provide for a more than adequate supply of urban landS' for future development (as dOes St. Lucie County's plan), it may be appropriate to reconsider the current distribution of higher intensity land uses, This could be accomplished on a County-wide basis or~ by establishing specific planning areas for evaluation. Objections toAmendment PA-92-002 As noted above, the issue of urban sprawl is of concern to the Department with respect to this amendment. Rule 9J-5.006(2)(c) requires that an analysis of the amount of land needed to accommodate the County's projected population. The Future Land Use Map adopted by the County currently provides for twice the amount of residential land needed to accommodate the year 20t5 population. However, although the amendment proposes to add to this supply of residential land, an analysis which supports the need for additional residential land, above that which is currently provided for, has not been included~' Also,~-please ~ee the comments of the Treasure Coast Regional Planning Council regarding this amendment and the iSsue of urban sprawl. Recommendation In orderfor the proposed amendment to be supported by adequate d~ta and analysis, include an analysis demonstrating that the current inventory and/or distribution of residential land uses are inadequate to accommodate the County's projected population. Relevant factors would include unanticipated increases -in the projected population, changing development patterns and housing demands. Also, if the County determines that the existing supply of residential land is adequate but that the current distribution should be changed to achieve its planning goals, it may be appropriate to redistribute residential uses without increasing the supply of such uses. An analysis of the impact of the increased densities as proposed by the amendment on the Florida Turnpike interchange (and interchange area) with SR 70 has not been included. Please see the enclosed comments of the Florida Department of Transportation which address this objection. Additionally, while data submitted by the applicant ~(T. Torres letter of March 19, 1992 to the County Planning Director, p. 7) appears to indicate that adequate capacity exists on the roadway system to maintain adopted level of service standards given the increased density, it is not clear that this estimate considers the adopted peak hour level of service standard. Rules 9J-5.007(2) (b); 9J-11.006(1) (b)4; and, 9J-Il. 006 (4). Recommendation Include an analysis of the impact of the increased densities as proposed by the amendment on the Florida Turnpike interchange (and interchange area) with SR 70. Revise the facility capacity analysis and the analysis of the impact of the proposed amendment to be based upon and assessed against the adopted peak hour level of service standard. 2 3 e Although information has been submitted by the applicant that development of the subject site is anticipated to be served by central water and sanitary sewer facilities (see page 5 of Mr. Torres letter to the Planning Director dated March 19, 1992) facility capacit~ analyses ~or these facilities .an.d the impact of th? increased d~nsity on thes? facilities has not been included. Addition~ily, while the generation rate for solid waste has been-estimated, an analysis identifying existing solid waste facility capacity and the effect of the i~creased generation rate on the adopted level of solid waste service standard has not been included. Also, an analysis of the availability and deman~6h and, capacity of drainage facilities has -not been included. Rules 9J-5.011(1)(f); 9J- ~11.006(1) (b) 2.; 9J-11.006(1) (b) 4.; and, 9J-11.006(3). Recommendation Include data and analysis for sanitary sewer, potable water and drainage facilities addressing existing facility capacity (i.e., surpluses or deficiencies), identification of the demand generated by the level of development allowable under the proposed land use categoryand, an assessment of the impact on the County's adopted level of service standards. For example, on page 7 of the "Application for Change in Future Land Use Classification,,, dated December 26, 1991, the response to question #6 calculates the amount of solid waste that could be expected if the subject property was developed as 160 unit subdivision. The analysis should be expanded by identifying the existing capacity of solid waste facilities and the impact of the estimated generation rate on the County's level of service standard (i.e., can standards be maintained or, would facility improvements or expansions be required). This type of analysis should be included for all facilities which would serve the subject site. Amendment PA-92-002 is inconsistent with the following goals objectives and policies of theSt. Lucie County Comprehensive Plan: (a) Future Land Use Element Objective 1.1.2, which "...establishes agriculture as the primary use outside the urban service boundary and promote[s] retention of agricultural activities...," because the subject site lies outside the urban service boundary and is proposed for development at a density which is inconsistent with agricultural activities; (b) Future Land Use Element Policy 1.1.2.4.f., which provides that when converting existing or designated agricultural land uses to non-agricultural uses that the site will have available the necessary infrastructure concurrent with the anticipated demands for development, ~ecause~adequate facility capacity analyses needed to support the amendment have ~Qt been included; (c) Future Land Use Element Policy 1.1.4.2, which requires that .new development be designed so as not to place unanticipated economic burdens upon the services and facili%~es of the County, because facility capacity analyses for solid waste and traffic circulation are ~inadequate_and do not support the proposed amendment; and, (d) Future Land Use Element Policy 1.1.12.1, which provides for restricting higher densities and intensities of development to urban service areas, because the amendment proposes to establish higher intensity uses outside the Planned Urban Service Boundary. Recommendation Revise the proposed amendment and include additional data and analysis as recommended in the above cited objections. .-'~ CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN Proposed Amendment PA-92-001 is inconsistent with and does not further Goal 16 (Land Use), Policy (b)l., of the State Comprehensive Plan, which addresses the separation of urban and rural land uses, because adequate data and analysis has not been in61uded to support the need for the increased density· Rules 9J- 5.005(2) and, 9J-5.021(1). ~ ..... Proposed Amendment PA-92-001 is inconsistent with and does not further Goal 20 (Transportation), policies- (b)2. and (b)3., of the State Comprehensive Plan because an analysis of the impact of the proposed increase in density on the Florida Turnpike interchange (and interchange area) with SR 70 has not been included. Rules 9J-5.005(2) and, 9J-5.021(1). 4 Recommendation Revise the proposed amendment, including submitting additional supporting data and analysis, as recommended for the objections raised above. CONSISTENCY WITH THE REGIONAL POLICy PLAN Proposed Amendment PA-92-001 is inconsistent with and does not further Regional Policy 16.1.2.2 of the Treasure Coast Regional Policy Plan which indicates that Future Land Use Maps of local governments should be based on_the amount of land required to accommodate future gr6~r~h and the projected population-, because adequate data and analysis supporting the need for the ~increased .density of land use has not been included. Rules 9J-5.002(2) and, 9J-5.021(1). Proposed Amendment PA-92-001 is inconsistent with and does not further Regional Policy 19.2~1.3, addressing acceptable level of service standards for roadways, because an analysis of the impact of the proposed increase in density on the Florida Turnpike interchange (and interchange area) with SR 70 has not been included. Recommendation Revise the proposed amendment, including submitting additional supporting data and analysis, as recommended for the objections raised above. 5 FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R..~. Gray Building 500 South Br. onoifgh Taltahassee. Florida 32399-0250 Director's Office Telecopier Number (FAX) Mr. Robert Arredondo (~) 488-1480 (904) 488-3353 Dept. of Comm. Affrs. Bureau of Local Planning 2740 Centerview Dr. '~ Tallahassee, FL 32399 BUREAU OF LOCAL April 23, 1992 Re: Historic Preservation Review of St. Lucie County's (92-2) Comprehensive Plan Amendment Requests Dear Mr. Arredondo: According to this agency's responsibilities under section 267.061, Florida Statutes, and the provisions of sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the referenced documents to decide if data regarding historic resources have been given sufficient consideration in the request to amend the St. Lucie County Comprehensive Plan. Changing the Future Land'Use designation and rezoning the 9.57 acre tract (File No. PA-92-001) from Residential to Commercial should have no adverse affect on historic resources in the county, since this tract appears to be in a low probability area for archaeological sites and lacks any historic buildings. On the other hand, changing the land use designation from Agricultural to Residential Suburban on the 163.92 acre tract (File No. 92- 002) may affect significant resources in the co~ty. An area this large generally needs to be systematically surveyed to discover its potential for producing significant archaeological sites. As we stated in our review of the 92-1 amendment to the St. Lucie Comprehensive Plan, the county needs to sponsor a systematic, professional archaeological survey of the entire unincorporated county that is designed to: (1) revisit known sites to find out their present condition, (2) prepare predictive models for the location of sites, and sample selected areas to verify'the validity of these models, and (3) delimit archaeological sensitivity areas within the county based on the study results. Finally, the county should consider adopting a policy to require Archaeological Research (9041 487-2299 Florida Folklife Programs (904) 397-2192 Historic Preservation Museum of Florida History (O04~ 487-2333% ~'O~d~ dgc~_laga ~~age Two . Mr. Rober~ Arredondo April 23, 1992 above) present. H If developments scheduled within archaeological areas undergo investigation (such as the tract noted ~find out if significant archaeological sites are the other hand, areas outside the sensitivity areas to proceed--barring no chance archaeological finds- The county als~,'sh°uld locate and evaluate all its to ensur~ thattheY are considered before development or redevelopment to take place. SDme funds for historic resource surveys ~ay be the Grants and Education Section of the Bureau of at (904) 487-2333- is our op'.~nion that the amended comprehensive plan of the Division of Historical Resources and Florida's requirements as promulgated in sections 163.3178~ F.S., and Chapter 9J-5, F.A.C., regarding of knoWn historical resources within their area of jurisdiction, and for the establishment of goals an~ objectives for addressing historical and iysignificant historical resources in St. Lucie county. ~ any questions regarding our comments, please feel Michael wisenbaker or Laura Kammerer of the compliance review staff at (904) 487-2333. ~George W. Percy, Director Div. of Historical Resources > ,:,, z ~ ~ ,'", o -,- ~ z~_o~o~ ~~ Z.o ,--1 r,:oO ~'~ ~ ~ 8 .m. ~ >,..,. =.,~ < -fl rO.l-~ 0 ~ '~ 0 ~F,'~- mo~' < .,~ 0 0 Od:) ~. "'0 2. :~ ::::r "'0 0 ~- ::='o .on- ,-.-~ ~' t~. 0 ~oo=-~ 2 - STATE OF FLORIDA ~ ,-~: - DEPARTMENT OF COMMUNITY AFFAIRS 2740 C ENTERVI EW DRIVE LAWTON CHILES Governor o T A L ! A H A S S E E, F L O R ! D A 32399 - 21'00 LINDA LOOMIS SHELLEY Secretary November 23, 1992 The Honorable Judy Culpepper Chairman, St. Lucie County Board of CountyCommissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Commissioner Cu'lpepper: The Department has completed its rev_~f the adopted Comprehensive Plan Amendment for St. Lucie County (DCA No. 92-2), and determined that Ordinance No. 92-029 does not meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance and that Ordinance No. 92-028 do meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance. The Department is issuing a Statement of Intent and Notice of Intent to find the comprehensive plan amendment Not In Compliance for Ordinance No. 92-029 and In Compliance for Ordinance No. 92-028. The Notice of Intent has been sent to the Port St. Lucie News publication on November 24, 1992. Please note that a copy of the adopted St. Lucie County Amendments, the Department's Objections, Recommendations and Comments Report dated July 21, 1992, the Notice of Intent and the Department's Statement of Intent to Find the Comprehensive Plan Amendment Not in Compliance must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the St. Lucie County Admini- stration Building, 2300 Virginia Avenue, Room 203, Ft. Pierce, Florida 34982. In addition, the Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearings. of the Department of Administration for the scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. EMERGENCY MANAGEMENT o HOUSING AND COMMUNITY DEVELOPMENT o RESOURCE PLANNING AND MANAGEMENT The Honorable Judy Culpepper November 23, 1992 Page Two I am interested in meeting with you at'your convenience for the Purpose of negotiating an agreement'that will bring your Plan amendment into compliance. My staff and I are available to discuss your plan amendment with you. If you have any questions, or are interested in discussing a compliance agreement, pl~se contact me, Maria Abadal, Plan Review Administrator, or Dale Eacker, Community Program Administrator, at (9'04) 487--4545. Sincerely, ~ ~ C~i~e s~" G~p a t t is c~n~,~e c~t o~r Division of Resource Planning and Managem. ent CGP/j hw Enclosure: Notice of Intent Statement 'of Intent cc: Daniel M. CarM.,~ Executive Director, Treasure Coast Regional Planning Council Terry Virta, Community DeveloPment Administrator IN RE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ST. LUCIE COUNTY ) COMPREHENSIVE PLAN ) AMENDMENT 92-2 ) ADOPTED BY ) DOCKET NO. 92-2-NOI-5601-(A)~(N) ORDINANCE NO.-92-029 ) ON SEPTEMBER 22, 1992) ) STATEMENT.,OF INTENT. TO FIND COMPREHENSIVE PLAN AMENDMENT NO~ ~N COMPLIANCE The Florida Departmen~of, Community Affairs hereby issues its Statement of Intent to findthe Comprehensive Plan Amendment of St. Lucie County, adOpted by Ordinance No.. 92-029 on September 22, 1992, Not In ComPliance based upon the Objections, Recommendations and Comments Report (ORC Report) issued by the Department on July 21, 1992, which is hereby incorporated by reference, and changes mad~ to-t~e plan amendment, as adopted, ~hich were not previously reviewed by the Department. The Department finds that the plan amendment is not "in~ compliance," .as d~'fined in Section 163.3184(1)(b), Florida Statutes (F.S.), because it is not consistent with Sections 163.3171 and 163.3177, F.S., the State Comprehensive- Plan, the Treasure Coast Comprehensive Regional Policy Plan, and Chapter 9J-5, Florida Administrative Code (F.A.C.), for the following reasons: I-. FUTURE LANDUSE A. Inconsistent provision. The inconsistent provision of the plan amendment under this subject heading is as follows: ~. Amendment PA-92-002, which changes approximately 164 acres from Agriculture to Residential Estate, is not supported by adequate-data and analysis. The County did not provide data and analysis which demonstrated the need for additional lands at the increased density. Rul~ 9J-5.006(2)(c), F.A.C.~, and Section 163.3177(6) (a) , F.S. The proliferation of urban sPrawl. Section 163.3177(6) (a) , F.S. amendment also encourages the Rule 9J-5.006(3)(b)7., F.A.C. and The process for the conversion of lands designated Agriculture is described in Future Land Use Objective 1.1.2 and Policy 1.1.2.4. This process was not followed in regards to the amendmeht's subject land. Accordingly, the amendment is internally i~c6nsistent with Future Land Use Objective 1.1.2 and Policy 1.1.2.4. Rule 9J-5.005(5), F.A.C. B. Recommended remedial action. This inconsistency may be remedied by taking the following action: 1. Include an analysis of the need for the land use change as related to the projections of the land needed to accommodate the projected population, Which is contained in the adopted comprehensive plan. Include an analysis addressing how the amendment is consistent with discouraging urban sprawl. Include an analysis demonstrating how the amendment is consistent with the process for the conversion of land designated Agricultural as described in Future Land Use Objective 1.1.2 and POlicy 1.1.2.4. Revise the amendment as necessary to be- consistent with the analyses and objective and policy identified above. II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN A. Inconsistent prowisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 2 1. The adopted comprehensiVe plan amendment is inconsistent with the State Comprehensive Plan, including the following provisions (Ru~e 9J-5.021, F.A.C.): (a) Goal 16 (Land Us~),. and Policy ~b%l which addresses the separation of urban and rural land uses, becauSe adequate data and analysis has not been included to support the need for the increased density and these uses are incompatible. B. -Recommendedremedial actions. These inconsistencies may be remedied by taking the ~ctions described above in Section I.B. III. CONSISTENCY WITH REGi0NAL POLICY PLAN A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading axe as follows: 1. The adopted comprehensive'plan is inconsistent with the Treasure Coast Comprehensive Regional Policy Plan, i~cluding the following provisions (Rule' 9~-5.021, F.A.C.): (a) Regional .Policy 16.1.2.2, which indicates that Future Land Use Maps of local governments should be based on the amount-of land required to accommodate future growth and the projected population, because adequate data and analysis supporting the need for the increase density of land use has not been included. B. Recommended remedial actions. These inconsistencies may be remedied by taking the actions described above in Section I.B. o F.A.C. 4. The plan amendmen~ is not requirements of Section 163.3177 F.S . CONCLUSIONS 1. The plan amendment is not consistent with the Treasure Coast Comprehensive Regional Policy Plan. 2. The plan amendment is not consistent with the S~ate Comprehensiwe Plan~ The plan amendment is not consistent with Chapter 9J-5, consistent with the 5. The plan amendmem~ is not "in compliance,,, as defined in Section 163.3184(1) (b), F.S. 6. In order to bring the plan amendment into compliance the County may complete the recommended remedial actions described above or adopt other remedial actions that 91iminate the inconsistencies. Executed this day of November, 1992, at Tallahassee, Florida. Charles Pattison, Director Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399 c: \wp51 \f ~ ~ es\so~ \st {uc ~ e. 922 _ - ' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND AMENDMENT(S) TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN ADOPTED BY ORDINANCE NO(S). 92 NOT IN COMPLIANCE AND AMENDMENT(S) ADOPTED BY NO(S). 92-028 IN COMPLIANCE DOCKET NO. 92-2-NOI-5601-(A)-(N) The Department gives notice of its intent to find Amend- ment(s) adopted by Ordinance No(s). 92-029 on September 22, 1992, NOT IN COMPLIANCE and Amendment(s) adopted by Ordinance No(s). 92-028 on September 22, 1992 IN COMPLIANCE, pursuant to Sections 163.3184 and 163.3187, F.S. The adopted St. Lucie County Comprehensive Plan Amendment(s), the Department's Objections, Recommendations, and Comments Re- port, (if any), and the Department's Statement of Intent to find the Comprehensive Plan Amendment(s) Not In Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the St. Lucie County Administration Building, 2300 Virginia Avenue, Room 203, Ft. Pierce, Florida 34982. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for.an administrative hearing to chal- lenge the proposed agendY'.d~termination that the Amendment(s) to the St. Lucie County Comprehensive Plan are In Compliance, as de- fined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, a copy must be mailed or delivered to the local government and must include all of the information and contents described in Rule 9J-11.012(8), F.A.C. The petition shall be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. Failure to timely file a peti- tion shall constitute a waiver of any right to request an admin- istrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recom- mended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. This Notice of 'Intent and the Statement of Intent for the amendment(s) found Not In ~ompliance will be forwarded by peti- tion to the Division of Administrative Hearings of the Department of Administration for the scheduling of an Administrative hearing pursuant to Section 120.57, F.S. The purpose of the administra- tive hearing will be to present evidence and testimony and for- ward a recommended order to the Administration Commission. Affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings (DOAH), Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, and a copy mailed or delivered to the local government. All issues of noncompliance other than those contained in the Statement of Intent must be stated in the petition and filed with DOAH within 21 days of the date of this notice~. Failure to. petition to intervene or to raise a new issue within the allowed time frame constitutes a' waiver of any right such a person has to request a hearing, or a hearing on that issue, under Section 120.57, F.S., or to participate in the administrative hearing. Charles G; Pattison, Director Department of Community Affairs Division of Resource P~l~anning and Management , 2740 Centerview Drive Tallahassee, Florida 32399-2100 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 C ENTER¥1EW DRIVE LAWTON CHILES Governor T A L L A H A S S E E, F L O R I D A 3 2 3-9 9- 2 ! 0 0 LINDA LOOMIS SHELLEY Secretary November 23, 1992 The Honorable Judy Culpepper .Chairman, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Commissioner Culpepper: The Department has completed its review of the adopted Comprehensive Plan Amendment for St. Lucie County (DCA No. 92-2), and determined that Ordinance No. 92-029 does not meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance and that Ordinance No. 92-028 do meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance.~ The Department is issuing a Statement of Intent and Notice of Intent to find the comprehensive plan amendment Not In Compliance for Ordinance No. 92-029 and In ComplianCe for Ordinance No. 92-028. The Notice of Intent has been sent to the Port St. Lucie News publication on November 24, 1992. - - Please note that a .copy of the adopted St. Lucie County Amendments, the Department,s Objections, Recommendations and Comments Report dated July 21, 1992, the Notice of Intent and the Department's Statement of Intent t0 Find the Comprehensive Plan Amendment Not in Compliance must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the St. Lucie County Admini- stration Building, 2300 Virginia Avenue Room 203 Ft Pierce, Florida 34982. ' · - In addition, the Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative 0fHearingSan administ~ati~e°f the Departmenth~aringOf Administration for the scheduling Statu~es~ pursuant to Section 120.57, Florida EMER(:ENCY MANAC;EA4 ENT - HOUSING AND COMMUNITY DI~VELOPM£NT . RESOURCE PLANNING AND MANA(:EML--NT The ~onorable Judy Culpepper November 23, 1992 Page Two I am interested in meeting with you at'your convenience for the' purpose ofnegotiatingan agreement~that amendment into m~l~ ..... · . will brina discuss your plan amendment with you. ..... ~ x ~re avallable~to If you have any questions, or are i ~ c?mpllance~agreement, pl~se c~-~ _~t%~ested in dlscussin Administrator, at (904) 48734545. - C°~uy ~rogram CGP/j hw Enclosure: cc: Notice of Intent Statement 'of Intent Sincerely, ~ - ttison, Director Division of Resource Planning and Management Daniel M. Cary~ Executive Director, Treasure Coast Regional Planning Coun~l . Terry Virta, Community Development Administrator IN RE ' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ST. LUCIE COUNTy ) COMPREHENSIVE PLAN ) AMENDMENT 92- 2 ADOPTED BY ) DOCKET NO. 92-2_NOi_5601_(A)._iN) ORDINANCE NO.. 92-029 ) ON SEPTEMBER 22, 1992) _) STATEMENT,, OF INTENT. TO. COMPR~.NSiyE PLAN A~-N~ME~T ~ANC_E The Florida Department:of..~ Community Affairs hereby issues its Statement of Intent to find-~he Comprehensive Plan~endment of St. Lucie County, adopted by Ordinance No. 92-029 on Septem~.er 22, 1992, Not In Compliance based upon the Objections, Recommendations and Comments Repor~ (ORC Report) issued by the Department on July 21,.1992'. .._ which is hereby incorporated by reference, and changes made to the plan amendment, as adopted, which were not previously reviewed by the Department. The 'Department finds that the plan amendment is not "in compliance,.,, as d~fined in Section 163.3184(1)(b),. Florida Statutes (F.S.), because it is not consistent 'with Sections ~6~.3171 and 163.3177, F.S., the State Comprehensive Plan, the Treasure Coast Comprehensive Regional Policy Plan, and Chapter 9J-5, Florida Administrative Code (F.A.C.), for the following reasons: FUTURE LAND USE A. Inconsistent_ provision. The inconsistent provision of the plan amendment under this subject heading is as follows: 3. Amendment PA-92-002, which changes approximately 164 acres from Agriculture to Residential Estate, is not supported by adequate ~data and analysis. The County did not provide data and analysis which demonstrated the need for additional~ lands at the increased density. Rul~ ~J-5. 006 (2) (c), F.A.C.., and Section 163. 3177 (6) (a) , F~S. The . amendment also encourages the proliferation of urban sprawl. Rule 9J-5~006(3)(b)7.,. F.A.C. and Section 163.3177(6) (a), F.S. The process for the conversion of lands designated Agriculture~. is described in Future Land Use Objective 1.1.2 and policy 1.1.2.4. This process was not 'followed in regards to the amendmeht,s~ subject land. Accordingly,~ the amendment is internally nc6nslstent with Future Land Use Objective 1.1.2 and Policy 1.1.2.4. Rule 9J-5.005(5), F.A.C. B. Recommended remedial action. This inconsistency may be remedied by taking ~he following action: 1. Include an analysis, of the need for the land use change as related to the projections of the land needed to accommodate the projected population, which is contained in ~the adopted comprehensive plan. Include an analysis addressing how the amendment is consistent with discouraging urban sprawl. Include an analysis demonstrating how-the amendment is consistent with the process for the conversion of land designated Agricultural as described in Future Land Use Objective 1.1.2 and Policy 1.1.2.4. Revise the amendment as necessary to be-~onsistent, with the- analyses and objective and policy identified above. II. ~ONSISTENCY WITH STATE COMPREHENSIVE PLAN A. Inconsistent pro¥isions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The adopted comprehensive plan amendment is inconsistent with the State Comprohensive Plan, including the following provisions {Ru~e 9J-5.021, F.A.C.): (a) Goal 16 (Land· --~.Us~)" and Policy (b)l., %'hich addresses the separation of urban and rural land uses, because adequate data and analysis has not been included to support the need for the increased density and th0se~.uses are incOmpatible. B. . 'Rec°mmended"remedial actions. These inconsistencies may be remedied by taking the·., ~tions described above in Section I.B. III. coNSISTENCy WITH REG~0NAL POLICY PI~IN A. Inc°nsiste~ns. The inconsistent provis~ons of the plan amendment Under this subject heading are as follows: 1. The ~dopted comprehensive plan is inconsistent with the Treasure Coast Comprehensive Regional Pot&cy Plan, i~cluding the following provisions. (Rule'9~-5.021, F.A.C.): (a) Regional Policy 16.1.2.2, which indicates that Future Land Use Maps of local governments should be based on the amount.of land required to accommodate future growth and the projected populatSon, because_adequate data and analysis supporting the need for the ~ncrease density of land use has not been included. B. ROcOmmended remed±al actions. These-inconsistencies may be remedied by taking the actions described above in Section t.B. .CONCLUSIONS 1. The plan amendment is not consistent with the Treasure Coast Comprehensive Regional'Policy Plan. 2. ~ The plan amendment is not consistent with the S~a~e Comprehensiwe Plan. 3. The plan amendment is not consistent with Chapter 9J-5, F.A~C. ~. 4. The plan amendment is not consistent with the requirements of Section 163.3177 F.S 5. The plan-amendmen~ is not "in compliance,,, as defined in Section 163.3184(1) (b), F.S. 6. In order to bring the plan amendment into compliance the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. ;~ day of November, 199~, at Tallahassee, Executed this Florida. Charles Patt~son, Director Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399 c: \wp51 \fi [es\so~ \st {Uc~e.922 ' ' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND AMENDMENT(S) TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN ADOPTED BY'ORDINANCE'NO(S). NOT IN COMPLIANCE AND AMENDMENT(S) ADOPTED BY NO(S). 92-028 IN COMPLIANCE DOCKET NO. 92-2-NOI-5601-(A)-(N) The Department gives notice of its intent to find Amend- ment(s) adopted by Ordinance No(s). 92-029 on September 22, 1992, NOT IN COMPLIANCE and Amendment(s) adopted by Ordinance No(s). 92-028 on September 22, 1992 IN COMPLIANCE, pursuant to Sections 163.3184 and 163.3187, F.S. The adopted St. Lucie County ComprehensiVe Plan Amendment(s), the Department's Objections, Recommendations, and Comments Re- port, (if any), and the Department's Statement of Intent to find the Comprehensive Plan Amendment(s) Not In Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the St. Lucie county Administration.Building, 2300 Virginia Avenue, Room 203, Ft. Pier:ce, Florida 3~982. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for. an administrative hearing to chal- lenge the proposed agendy: d'etermination that the Amendment(s) to the St. Lucie County Comprehensive Plan are In Compliance, as de- fined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, a copy must be mailed or delivered to the local government and must include all of the information and contents described in Rule 9J-11.012(8), F.A.C. The petition shall.'be filed With the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. Failure to timelY file a peti- tion shall constitute a waiver of any right to request an admin- istrative proceeding as a petitioner under SeCtion 120.57, F.S. If a petition is filed, the purpose of the:'administrative hearing will be to present evidence and testimony and forward a recom- mended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. This Notice of 'Intent and the Statement of Intent. for the amendment(s) found Not In ~ompliance will be forwarded by peti- tion to the Division of Administrative Hearings of the Department of Administration for the scheduling of. an Administrative.hearing pu. rSuant ,to Se.ction 120.57, F.S. The purpose~'~of::~the administra- tive hearing will be to present evi.dence'and.testimonY and fOr- ward a recommended order to the Administration.Commission. Affected persons may petition for leave to'interVene in the proceeding. A petition for intervention must be filed at least five (5) days before the final hearing and 'must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to intervene shall be' filed-at the Division of Administrative Hearings (DOAH), Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, and a copy mailed or delivered to the local government. All issues of noncompliance other than those contained in the Statement of Intent must be stated in the petition and 'filed with DOAH within 21 days of the date of this notice. Failure to.. petition to intervene or to raise a new issue within the allowed time frame constitutes a' waiver of any right such a person has to request a hearing, or a hearing on that issUe, under Section 120.57, F.S., or to participate in the administrative hearing. Churls Pattison, Director Department of Community Affairs Division of Resource Planning and Management ,, 2740 Centerview Drive Tallahassee, Florida 32399~2100 November 20, 1992 Mr. Robert Arredondo Department of Community Affairs Bureau of State Planning 2740 Centerview Drive Tallahassee, FL 32399 Subject: Local Government Comprehensive Plan Review - Adopted Amendments to the St. Lucie County Comprehensive Plan; Reference #92-2 Dear Mr. Arredpndo: Under the council,s contract with the Department of Community Affairs (DCA), Council is to make an overall finding of consistency or inconsistency of local plan amendments with the Regional Comprehensive Policy Plan (RCPP). This finding is to be made following the local government,s adoption of the amendments, and by formal action of Council. When possible, Council will make such a finding by the 30th day of the 45-day compliance review period. It is Council's understanding that the DCA will consider the recommendation of Council prior to issuing a notice of intent regarding local plan amendment compliance. On October 8, 1992, Council received a copy of the formally adopted comprehensive plan amendments for St. Lucie County. A review of those amendments was done, with a focus on the County,s response to the comments made by the Council as a result of a review of the County's draft comprehensive plan amendments. - Attached is a copy of the complete agenda item as approved by Council at a regular meeting held on November 20, 1992. Please note that Council was unable to reach a' majority decision of the recommendation on Amendment PA92-002. A motion to approve the staff reOommendation was deadlocked 7-7. A motion to transport the report and analysis with a clear indication to you that no recommendation on 8'6.consistency is being made due to the tie vote was approved 3228 s.w. martin downs blvd. suite 205 - po. box '/529 palm city, florida 34990 phone (4~7) 221-4060 sc 269-4060 fax (407) 22t-4067 Mr. Robert Arredondo Department of Comm__unity Affairs NB~ur. ea_u of State Planning oven~er 20, 1992 Page Two If you need additional information or have any questions please do not hesitate to call. -, Cary, Executive Dir~tor DMC: lb Attachment cc: Terry L. Virta, AICP TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: _~-~ Council Members From: Staff Date: :~ November '20, '1992 Council Meeting Subject: Local Government Comprehensive Plan Review - ~ Ad°pted::~'Amendments tothe St. Lucie-County Comprehensive Plan; Reference #92-2 IntroductiOn. AGENDA ITF3) 6t)3 Pursuant to the Treasure Coast Regional Plannin ,. contract with the stat .... ' · _ _ g Council s (DCA), the ~o~=il m~st ~_.~a_rtment_ of. Community Affairs after ~v~ew uomprenenslve Plan Amendments their .gdoption. St Lucie County has submitted Council,sad°pted amendm~entScomments, to the ~CA, which in turn is seeking Council's review of the information provided by the DCA is to focus on the consistency of the adopted amendments with the Regional Comprehensive Policy Plan (RCPP) developed pursuant to Section 186.507, Florida Statutes. A written report containing a determination of consistency with. the Regional Plan is to be provided to the DCA within 30 calendar days of receipt of 'the plan, amendments, elements or Council reviewed --the DRAFT amendments to the County,s comprehensive plan at its meeting of May 15, 1992 (see attachment)i. The DRAFT amendments consisted of two amendments to the County,s Future Land Use Map. Council had one objection and two comments on the DRAFT amendments. Evaluation On July 21, 19'92, the DCA issued- an Objections, Recommendations and Comments (ORC) report on the DRAFT -amendments. The ORC report cSntained a total of eight objections to .the proposed amendments. The County has adopted the amendments with no changes, but has prepared a response report to the ORC regarding Amendment PA-92-002. In the transmittal letter which accompanied the 'materials. pertaining to PA-92-002, the County suggests that the DCA of almost three m' '' · ~ . ' 1111on .c~b. lc yards and is ~erve.the C~_u~_ty unt~l .t~_? year 2002. anticipatedin. 1996, uno=ner ~ase w111 ~dd significantl~ more capacity to unltsth? 1an~ki11.wi11 be negligible.The .'.l~_act of 98 additional residential which d~l. ~i~7tf¥~7~ ox ??.county comprehensive plan ~e o~anu~se ~UtSlde the urban service area, = agr~cu£=ural lands to nonagricultural uses,. · and land use densities outside the Planned Urban'Service ~oundary~' · COUNTY RESPONSE _ _ . - While the property lies outsid county urban-serv'~ ~ .... ~--- .... e the surr-,,-~--- ~i_- - = .... a= ~s no= Inconsistent w' compromise the integrit --~f.~= =rea, nor does it Y the comprehensive plan. Primary land uses outside the urban service boundary remain agricUltural. Lands surrq_unding PA-92-002, while used for agricultural purposes, generally carry land use designations which would allow residential development -at one or two dwelling units per acre. Existing subdivisions lie to the west and the northwest. The subject property itself contains an unrecorded non-conforming subdivision. The RE designation for this property fits in with the transition of lands from higher density residential to agricultural. Density at one dwelling unit per acre is no threat to existing active citrus-production in the area. The development will place no additional pressure on the conversion of agricultural lands in the area. Concurrency is not an issue, since no urban services are required, and there is no identified decrease in the level of service on roadways in the area. According to the County plan, densities of greater than two dwelling units per acre are to be within the urban service area. Since the subject amendment is limited to a maximum of one dwelling unit per acre and requires no urban services, it 'is not inconsistent with County Future Land Use Policies. 5. DCA CONCERN - The amendment is inconsistent with State Comprehensive Plan Goals 16 (Land Use) (Transportation). _- and 20 COUNTY RESPONSE - Existing subdivisions to the north and west of the site have set the pattern for development in this vicinity. The County comprehensive plan provides for a gradual and logical transition in land use from east to west as follows: ' 1) urban densities and services; 2) transitional from urban to rural densities; 3 l~elative to the.· failure to address ~ the that are. ~ preliminary development orders and,- as such, consistent with policies contained in~ the County Capital Improvements not made. or capacity determinations are 4) Relative to the potential of conflicts with p°licy~which' calls for ....... outside the , ~ . ~rea~'~r~e'countv. a , . and ~. that Uue ~-t-~ar~al wil~. remain ?area, low.'densxtv ---~ .... J ubdmv~s~ons ~arcel is ' ~ A-=sAuen=laA use on the -compatible. The County 'also .. ~-.redesi -a: .' . . argues . gn t~on f~ts 1 .... ~= ~ -' · . by the County.~from east-to west which is :ia1, Suburban Residential, Estate agricultural. Agricultural-Residential and, finally, The reasons-advanced by the County, which are similar to those stated previously, do not adequately a~dress Council,s concerns. The amendment is not consistent with Regional Policy 16;1.1.2 since regarding concu ~ T: the County will post~o~ --~ rrency, ue=erminat~ons until t= .... ~ = ~A con?urrenC - ~ sl=e plan stage. Since o'~n~ dwelling unit Per acre development (un~ss clustered) is perhaps t~e most costly, land consuming, and inefficient type of development, the proposal-is-not consistent with Regional Policy 16.1.1.4. Development at one dwelling unit per acre is too sparce for a reasonable range of urban · services, but dense enough to be very expensive to the public in the long term. The proposal is not consistent with Regi!°nal P°ticy 16.1.2.2, since the County already has vast areas designated for low density residential development which remain vacant, both inside and outside the urban service area-. Low density residential use in this area is not compatible with existing uses (including an airstrip used for crop dusting) consistent with Regional Policy 16.1.2.3, despite the location of a couple of sparcely developed large lot subdivisions in the area. Perhaps the fact that these low density subdivisions are far from built out is--all the more reason not to designate more land for such purposes. Not only is the need lacking, but redesignation of the subject parcel will make previously approved (or non- conforming) subdivisions less likely successful, to be 5 surrounding farm land. sprawl, particularly County already has those who seek a more Conclusion Adopted amendment. PA-92-001 appears to b the.':goals~ and policies cont ~x~ :-~- o_e_ CONSISTENT with unable~to .re~. _ , ..... a~,,=~_ ~n =ne RCPP. Council . '. :~ , -~ -~o-s~s=ency uetermination on sxnce ~'~a'~.~ motion .. to.: adopt . staff comments was deadlocked 7-7. no final transmit the e. va. luation and analysis, with recommendation of consis=ency. Recommendation Such strategies only produce. when taken-to extremes. The adequate lands designated for rural lifestyle. Council should adopt the comments and recommendations outlined above and approve their transmittal to the State Department. of Community Affairs in fulfillment of the requirements of the 1991-92 contract with the Department of Community Affairs. Attachments 7 DR ST, LUCIE COUNTY 'aAFT COMPREHENSIVEPLAN~AMEND~s FUTURELANDUSEELEMENT Current Amend. Approx. Land Use No. ~ Designation PA-92-001 9.6 Residential Urban Agricultural - 2.5 PA-92-002 164.0 Proposed Land Use Designation Commercial~ Residential Estate ADDrox~mate~?~cation Northwestiof the-inter- section of 25th Street andEdwards Road~ West side of Gentile Road one-half mile~north of Okeechobee Road (S.R. 70) Residential Urban (RU) - Allows up to 5 dwelling units per acre. Residential Estate (RE) - Allows up to I dwelling unit per acre. Agricultural-2.5 (AG-Z. 5) - Allows up to 1 dwelling unit per 2.5 acres. Evaluation Looal Planning Perspective - Amendment No. 92-001 would add an additional ten acres to the inventory of ~ands designated for commercial, purposes at, or near, the intersection of ~1th ~t ~and E~wa~s R~ad. The. County has now designated quuuran~s o~ the intersection for commerc -- . although the onl--.'~-~: ..... . . ial use. . . z =~u~ng commerclai use is a convenience ; ~ are prlmarlly vacant, agricultural, or ve~ low density residential. East of 25th Street, the land us is low/med~um density resi~--~ - . e under 'construction- ~ -~_~_~"~ai a new middle school is Street/EdWard. ~_~ ~ =~or~. ~ls=ance south.:of the 25th vacant' land ~f~=u xn=ersectlon. The redesignation of this future commercial use does not seem inappropriate or 'in conflict with County policies. With a great:deal of land now designated for commercial uses in this area, the County should carefully consider the appropriate zoning designations to provide a good mix of commercial uses for residents of this area. Amendment No. 92-002 would change _ the land use on a 164- acre parcel from its present d~signation as agricultural (AG-2.5) to a residential designation (RE). The property is located approximately 1-1/2 miles west of the intersection of the FlOrida Turnpike and Okeechobee Road (State Route 70). Present access to the property is via Gentile Road, an unpaved County local street which dead-endS near the northeastern boundary of the subject property. 9 5) It is not clear how the area could be provided with a of, serVices, such as sewer and water. planned utility service areas. In summary, the staff and LPA conclusion is that the would extend urban development into agricultu~al~.areas..and it fails to meet the~.burd~n of proof of the need,.;.fora change in its land use designation. ~he goals and policies of the County -to the conclusion that-'the internallyinconsistent' with the ? Lan, ~ The concern-~.about _ Co.unty plan expresses _rev='_.-ti_ -~ _ _ . oz urban: uses into areas ~__~v~zy _~ ~eu for agricultural agrlcul~ 'al uses to ~e .... -- _. =_.gr_a~dual .mlgratzon of - ~ ~ea £anas, .- ~reviousTM ...... ~ ~ . s ~ 7 z -u~a ~°me~.ggr~cul=ural .uses continue.to~.occur · so£a=ea areas ~o the east, lands now designated for agricultUral purposes lie exclusively west of 1-95. Given the agricultUre in St. Lucie County, continued be avoided. In order to avoid this County designated large areas for futUre urban including lands in the 1-95/Turnpike corridor. ,As an example, the County plan projects a future population2015. This in is the based unincorporated high area of 93,000 by the year the, ratio of ~__~n a . ~roWth scenario. Based on ., . ~a~u~ occ~pled by current residents ~approx~ma=ely one acre per ~ee persons) the County would ne~ 35,000 acres of residential land to accommodate the,Year 2015 projected population. The County 71,000 acres designated for residential use, the potential residential agricultural lands, uses on To further contain _urban sprawl and prevent the encroachment of urban uses into agricultural lands, the County has designated an Urban service area. The intent of this area is to contain or "restrict the negative impacts of a ~prawling, low density development pattern and the fiscal · mpacts that such a pattern puts on a community.- Beyond the urban service area are lands designated for agricultural activities (AG-2.5 and AG-5). These designations are for areas most suitable 'for agricultural and agricultural- related activities, although they retain some residential development rights. : The County has ~established a set of criteria in County Land Use Element Policy 1.1.2.4 which are to guide the decision- making process for the conversion of existing agricultural lands to non-agricultural land uses. It does not appear that the proposed land use meets the criteria as called for in this policy, nor does it appear to meet the fundamental 11 Gentile 70. to will development shall take place provisions of, , . concurrent with or after the the Infrastructure and services.-~.While one dwelling ~mit ~er ___~se~desi~G~a~ion ~ a maximum of ~ ~re uOesr2not qualify.-as urban . ~ encs will be necessary, at least~ to Road. and the intersection of Gentile Road and~.~.R. significant_costs to bus school children many miles.away. There ling the area by~.the Sheriff's- .costs were anticipated, by.the ~C0unty individual be necessary cost. It ! of provide services to low , in isolated areas. Second, Regional Policy 16.1.2,2 indicates that Future Land Useof land Maps governments should be based on the amount accommodate future growth, the projected population, the availability of public services, etc. Under. the current plan, the County has made very .generous designations of lands in order to meet future needs. Even with a very i estimate of the amount of residential needed , one acre per every three persons), the County,s current provides at least double the amount of land necessary to accommodate the County,s projected populatiOnland in the year 2015. This calculation includes only permitted residential purposes, excluding the uses on agriculturally designated lands. Therefore, the effect of residential development on developmentPr°p°sed Amendmentw. . No. 92-002 would be to detract from · th~n the present urban service area and to detract from efforts to contain urban sprawl and to' promote infill development in urban areas. Third, Regional Policy 16.1.2.3 calls for new'development to be compatible with, and complementary, to surrounding land uses and should not negatively affect existing approved activities. When residential development encroaches into agricultural areas, conflicts occur. The conflict may be immediate here, given the location Of the private airstrip used for crop dusting. Furthermore, among the most important a--~---- .... St. Lucie County is ~uu~cura~ areas of the State, recently reaching prominence as the lare ' inthe State. Wit n _ .g st c~trus producer the f ..... ~ ~ =lenty of land available t u~ure o ula '~ · _ o accommodate p p clon an area~ · encroachment designated for urban use, be permitted.°n the important agricultural areas should not 13 flexible in the determination of concurrency for roadways. Under... a concurr~cy~ management system, development is a11°wed~t°' proceed' as financing to build -~ ..... long as the . ~,~ necessary ~mprovements is in pla~e' or is prOgrammed as p~rt ~f a ---~'_ -~ capita/ improvements progr~. -~ ye~ st. Lucie County,s concurrency management strategy to approve certain (comprehensive plan amendments,~ zoning.,.~.amendments,.,.etc.), even in areas may not exist or may not be ~part of .~the'current~ capital improvements program. Council rec°gnizes~ that there are advantages~,~in considering~Iand use amendments which better~define~the~vision.~for~.a certain'area, even if present capacities could not oraCC°mm°datedevel°pment~attheintensities. Council permissible densities . also recognizes that St. Lucie County fully discloses the l~ck of capacit when issuing such preliminary development orders ~ requiring the land owner to sign and legally record a nonconcurrency affidavit which puts the current and any future owners On notice that capacity shortcomings may preclude the /mmediate ~onsideration of any' final development owners. C°unCil encourages the County to gran~ future land use changes of t~is type Onlly when long range infrastructure plans, on- going istudies, development trends, etc., suggest that additional infrastru6ture is likely to be available at a fUtUre date. No apparent response from the Count~ Amendment No. 92-002 A. Objection Proposed Amendment No. 92-002 is internally inconsistent with the St. LuCie Co,~nty Comprehensive Plan and is inconsistent with a number of policies in the Regional Comprehensive Policy Plan. Furthermore, there appears to be no need for the land use change, since St. Lucie County has large vacant areas designated for residential uses within the urban service area. The proposed amendment would represent an infringement on agricul~tural areas of the County, providing for the potential of conflicts between residential and agricultural use, may encourage other land owners in agriCUltural areas to seek conversion of lands outside of the designated urban service area to residential use, and represents an example of the 15 Recommendation adopt the comments outlined above and approve to the State Department of Community Affairs in f~1fillment of the requirements of Chapter 163 Florida statutes. , Attachments 17 LAND USE~ ... ,----L_Z_U_ :___ RM  CANAL ~ CROOKS [~ REEVES C ZSTH STREET ASSOC SU ETHEL HAYES 19 November 20, 1992 Mr. Robert Arredondo Department of Community Affairs Bureau of State Planning 2740 Centerview Drive Tallahassee, FL 32399 Subject: Local Government Comprehensive Plan Review - Adopted Amendments to the St. Lucie County Comprehensive Plan; Reference #92-2 Dear Mr. Arredondo: Under the Council's contract with the Department of Community Affairs (DCA), Council is to make an overall finding of consistency or inconsistency of local plan amendments with the Regional Comprehensive Policy Plan (RCPP). This finding is to be made following the local government,s adoption of the amendments, and by formal action of Council. When possible, Council will make such a finding by the 30th day of the 45-day compliance review period. It is Council's understanding that the DCA will consider the recommendation of Council prior to issuing a notice of intent regarding local plan amendment compliance' On October 8, 1992, Council received a copy of the formally adopted comprehensive plan amendments for St. Lucie County. A review of those amendments was done, with a focus On the County's response to the comments made by the Council as a result of a review of the County's draft comprehensive plan amendments. Attached is a copy of the complete agenda item as approved by Council at a regular meeting held on November 20, 19.92. Please note that Council was unable to reach a majority decision of the recommendation on Amendment PA92-002. ' A motion to approve the staff recommendation was deadlocked 7-7. A motion to transport the report and analysis with a clear indication to you that no recommendation on consistency is being made due to the tie vote was approved 8-6. 3228 s.w. martin downs blvd. suite 205 · p.o~ box 1529 palm city, florida 34990 phone [40:7) 22t-4.060 sc 269-4060 fax [407J 221-4067 Mr. Robert Arredondo Department of Community Affairs Bureau of State Planning November 20, 19'92 Page Two If you need additional information or have any questions, please do not hesitate to call. Executive Dir~tor DMC: lb Attachment cc: Terry L. Virta, AICP TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUi? To: Council Members From: Staff AGENDA ITEM 6] 3' Date: November 20, 1992 Council Meeting Subject: Local Government Comprehensive Plan. Review - Adopted Amendments to the St. Lucie County Comprehensive Plan; Reference #92-2 Introduction .... Pursuant to the Treasure Coast Regional Planning Council,s contract- with the State Department of Community Affairs (DCA), the Council must review Comprehensive Plan Amendments after their adoption. St. Lucie County has submitted Council,sad°pted amendmentScomments, to the DCA,~ which in turn is seeking Council,s review of the information provided bY the DCA is to focus on the consistency of the adopted amendments with the Regional Comprehensive Policy Plan (RCPP) developed pursuant to Section 186.507, Florida Statutes. A written report containing a determination of consistency with the ~Regional Plan is to be provided to the DCA within 30 calendar days of receipt of the plan, elements or amendments. Council reviewed .-the DRAFT amendments to the County,s comprehensive plan at its meeting of May 15, 1992 (see attachment). The DRAFT amendments consisted of two amendments to the County,s FUture Land Use Map. Council had one. objection and two comments on the DRAFT amendments. Evaluation On July 21, 1992, the DCA' issued an Objections, Recommendations and Comments (ORC) report on the DRAFT amendments. The ORC report; c~ntained a total of eight objections to the proposed amendments. The County has adopted the amendments with no changes, but has prepared a response report to the ORC regarding Amendment PA-92-002. In the transmittal letter which accompanied the materials pertaining to PA-92-002, the County suggests that the DCA of almost three million cubic to s ........ · yards and is anticipated un= untl Y i the ear another base ' · · - y 2002. tn 1996 P w111 add si · · t ' . gnlflcantly more ca ac' he landfill. The imD~--~ --~ .... ~ p ,lty. to - ~ u~ ~ aaal~lonal residential units.will be negiigible. is inconsistent with several °bjectivesand th-County comprehensive plan which deal outside the urban service area, the conversion of agricultural lands to nonagricultural uses, land use densities outside the PI~ ice Boundary. COUNTY RESPONSE - While the property lies outside the County urban service boundary, residential development at one dwelling unit peracre is not inconsistent with surrounding land uses in the area. nor: does it compromise the integrity of the comprehensive plan. Primary land uses outside the urban service bOundary remain agricultural. Lands surrounding PA-92-002, while used for a r' purposes, aenera.1 _ _ g lcultural wou~d ail~ r~t~Y~-~ry la~ use .~es~gnations which ..... ~=~,~a~ develoDme-~ ~ .... uwel£1ng units n.r ~ ...... = =~ un. or two the west and ~th~.-~*~ ..... ~ _. =lng ~Ubdlvlslons l~e to contains an subject property itself transition of la.~ ~=~.uper~_y f}ts 1. with the n& threa~ t° e~[i~ ~?ne d~?lllng unit ~er acre is : ~ ~=xve cl~rus production in th area. The development .~ _~___ ~ %_ . e ~, w~ ~e no ' · on the cony i~: . ~ _ aa~l=lonal tess erslon of agricultural lands in the a-P~a.re ute Concurrency is not an issue, since no urban services are required, and there is no. identified decrease in the level of service on roadways in the area. According to the County plan, densities of greater than two dwelling units per acre are to be within the urban service area. Since the subject amendment is limited to a maximum of one dwelling unit per acre and requires no urban services, it is not inconsistent with County Future Land Use Policies. 5. DCA CONCERN - The amendment is inconsistent with State Comprehensive Plan Goals 16 (Land Use) (Transportation). _.- and 20 COUNTY RESPONSE - Existing subdivisions to the north and west of the site have set the pattern for development in this vicinity. The County comprehensive plan provides for a gradual and logical transition in land use from east to west as follows: 1) urban densities and services; 2) transitional from urban to rural densities; 3 3) allure to address the potential , the County indicates that amendments are considered prel iminary devel.opment orders and, as such, consistent with policies contained in County Capital ~.Improvements determinations ~re 4) Relative to in that area· the potential of conflicts with lands and County policy.which calls for to be the primary use outside the service area, the County argues that land uses in the area will remain · and that due to some low density is compatible. The ignation fits in by County from · Suburban ions on the argues ion is Estate , finally, The sin is re~ ex az the advanced by the County, which are similar previously, do not adequately a~dress concerns.- The amendment is not Conslstent Policy 16.1.1.2 regarding concurrency, County will postpone all until 'the site plan stage. per acre the most costly, land of development, the with Regional Polj at one dwelling unit F a reasonable range of to be very expensive to.~ the public in The proposa{ is not Consis%ent with -16.1.2.2, since the 'County already designated for low residential which remain vacant, _. urban service area.. use in this area is not (including an concurrency Since one clustered) and is not 16.1.1.4. acre is too but ant with Regional 16.1.2.3, location of a couple Of sparcely lot t subdivisions in the area. the fact that hese low density subdivisions from built out is-'-all the more reason not to land for such purposes. Not only is l~cking, but redesigna~ion of the subject will make previously approved (or non- subdivisions less likely to be inside and Low density with for crop surrounding farm land. Such strategies only produce sprawl, particularly when taken to extremes. The County already has adequate lands designated for those who seek a more rural lifestyle. coDClusion. Adopted amendment PA-92-001 appears to be CONSISTENT with the goals and policies contained in the RCPP. Council was unable to reach a consistency determination on PA-92-002, since a motion to adopt staff comments was deadlocked 7'7. Council voted to transmit the evaluation and analysis, with no final recommendation of consistency. ~ecommendation Council should adopt the comments and recomm~endations outlined above and approve their transmittal to the State Department. of Community Affairs in fulfillment of the requirements of the 1991-92 contract with the Department of Community Affairs. Attachments ~end. No. PA-92-001 ST. LUCIE COUNTY DRAFT'COMPREHENSi~ PLAN AMENDMENTS FUTURELAND USE ELEMENT Current Proposed Approx. Land Use Land Use ~ Designation ,Designation 9'.6 Residential Commercial ~ Urban PA-92-002 164.0 AgricUltural Residential - 2.5 Estate ..APproximate Location Northwest of the inter- section of 25th Street and Edwards Road. West side of Gentile Road one-half mile north of Okeechobee ROad (S.R. 70) Residential Urban (RU) - Allows up to 5 dwelling units per acre. Residential Estate (RE) - Allows up to 1 dwelling unit per acre. Agricultural-2.5 (AG-2.5) - Allows up to 1 dwelling-unit per 2.5 .acres~ Evaluation Looal Planning Perspeotive - Amendment No. 92-D01 would add an additional ten acres to the inventory of lands designated for commercial-purposes at, or near, the intersection of 25th Street and Edwards Road. The County has now designated all quadrants of the intersection for commercial use, although the only existing commercial use is a convenience store in the southeastern quadrant. West of 25th Street, existing lands are primarily vacant, agricultural, or very iow density residential. East of 25th Street, the land use is iow/medium density residential. A new middle school is under construction- a short distance south of the 25th Street/Edwards Road intersection. The redesignation of this vacant land for' future commercial use does not seem inappropriate or in conflict with County policies. With a great deal of land now designated fOr commercial uses in this area, the County should carefully consider the appropriate zoning designations to provide a good mix of commercial uses for residents of this area. Amendment No. 92-002 would change the land use on a 164- acre parcel from its present d~signation as agricultural (AG-2.5) to a residential designation (RE). The property is located approximately 1-1/2 miles west of the-intersection of the Florida Turnpike and Okeechobee Road (State Route 70). Present access to the property is via Gentile Road, an unpaved County local street which dead-ends near the northeastern boundary of the subject property. 9 5) r how the area could be provided with a range of services, such 'as sewer and water. The area is outside planned utility service areas. In summary, the staff and LPA 'conclusion is that the proposed change would extend urban development i~to it fails to meet the burden of proof of the need for a change in its land use designation. Council,S- of the goals and policies of the County lead to the. conclusion that the is internally inconsistent with the COunty plan. The County plan expresses encroachment of urban uses into: areas previously used for agricultural purposes. This encroachment has led to the gradual migration of agricuitural uses to the west, as higher value urban uses lands previously used for agricultural some agricultural uses continue to occur in areas to the east, lands now designated for lie exclusively west ofi-95. Given in St. Lucie County, continued to be avoided° In order to avoid this County designated large for .future including lands in 1-95/Turnpike the County plan projects a future in the unincorporated area of 93 the year iS~ the urban popUlation 2015. Based on residents need would land to currently has The County use, for residential agr] res uses on on a high growth s. occupied by per three persons) 35,000 acres of res 2015 projected population. 71,000 acres des potential To further contain_urban sprawl and prevent the encroachment of urban uses into agricultural lands, the County has designated an urban service area. The intent of this area is to contain .or "restrict the negative impacts of a sprawling, low density development pattern and the fiscal impacts that such a pattern puts on a communit - ~ ~ . Y. Beyon_ the urban.service area are lands ~eslgnatedfor agricUltural activities (AG-2~5 and AG-5). These designatiohs are for areas most -'for agricultural and agricultural- related although they. retain some residential development tic ~ The County has established a set of criteria in County Land Use Element Policy 1.1.2.4 which are to guide the decision- making process for the conversion of existing agricultural lands to non-agricultural land uses. It does not appear that the proposed land use meets the criteria as called for in this policy, nor does it appear to meet the fundamental 11 development shall take place-concurrent with or after the provisionsof, necessaryinfrastrUcture and services. While the use designation to a maximum of one acre does not qualify as urban development according to the Regional or County plan, e t services will stillbe r qulred in this presently isolated area. Road 11 be necessary, at least to Gentile of Gentile ROad and S,R. 70.- There [cant costs to bus school children to school ~ There will patrolling the -area by Office. Noneofthese costs when the~ Regional should not. be that to a cost.. It areas. of land 16.1.2.2 indicates that Future Land the des~ in with a estimate of the~ plan t° year 201! for the uses on lands, the effect of re on proposed No. 92-002 would to detract from the present area and to f .rts to contain urban sprawl and to promote infiI1 development in !urban areas. amount- projected etc. Under very generous needs. Even residential the 'amount of Third, Regional Policy 16.1.2.3 calls for new development to be compatible with, and complementary, to surrounding land uses and should not negatively affect existing approved activities. When residential development encroaches into agricultural areas, conflicts occur. The conflict may be immediate here, given the location of the private airstrip used for crop d~sting.~ Furthermore, St. Lucie County is among the most agricuItural areas of the State, recently as the largest~ citrus producer of land available to accommodate areas designated for urban use, encroachment on the important agricultural areas should not beipermitted? 13