SPECIAL MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

December 14, 2004

The Special Meeting of the Board of Levy County Commissioners was held on December 14, 2004, at 6:30 p.m. in the Levy County Courtroom, with the following Commissioners present:

Chairwoman Lilly Rooks
Vice Chair Sammy Yearty
Comm. Danny Stevens
Comm.  Nancy Bell
Comm. Tony Parker

Also present were:

County Coordinator - Fred Moody
County Attorney - Anne Bast Brown
Building & Zoning - Rob Corbitt
Planning Department - Kathy Winburn

LEVY COUNTY DEVELOPMENT DEPARTMENT

Attorney Brown swore in those citizens who where going to speak for or against the following petitions.

Chairwoman Rooks requested from the Board any Ex-Parte Communication prior to the hearing. Comm. Yearty spoke with staff and had phone calls, Comm. Parker spoke with Ms. Sue Colson, Mr. Wayne and Mr. Ed, Comm. Stevens spoke with Ms. Sue Colson and Mr. Mike Hodges, Chairwoman Rooks spoke with Mr. Bob Edson, Mr. Mike Hodges, Mr. Paul Oliver, Ms. Vanessa Edmonds and staff and Comm. Bell spoke with Ms. Vanessa Edmonds, Mr. Kevin Hiers, Mr. Andy Andrews, Mr. Mike Hodges, Mr. Rob Edson and Mr. Teal Pomeroy regarding the following petitions.

Mr. Rob Corbitt presented the following petitions:

PETITION NO. SVA 1-04 Dennis Andrews, petitioning the Board for a Variance from Chapter 50-577 Blocks (b) and 50-583 Street System Layout (e), (i) and (l).  This project boundary contains four hundred thirteen (413) acres of combined jurisdictional wetlands and uplands.  The area to be developed will consist of approximately seventy six (76) acres of uplands, located in portions of Section 16, 17, 18 and 20, Township 15 South, Range 13 East, in Levy County.  This parcel is located within a Forestry/Rural Residential “F/RR” zone and has a parcel number of 00338, 00340, 00345 and 00346.

PETITION NO. PUD 1-04 Dennis Andrews, petitioning the Board for a Planned Unit Development known as “Lukens Addition”.  The project boundary contains approximately four hundred thirteen (413) acres of combined jurisdictional wetlands and uplands. The area to be developed will consist of approximately seventy six (76) acres of uplands, located in portions of Sections 16, 17, 18 and 20, Township 15 South, Range 13 East, in Levy County. The proposed development will contain thirty seven (37) single family residential lots. This parcel is located within a Forestry/Rural Residential “F/RR” zone with a parcel number of 00338, 00340, 00345 and 00346.

Mr. Corbitt stated the submitted application is for preliminary sketch plan approval of a Planned Unit Development (PUD) to establish thirty seven (37) home sites, consisting of four (4) compact neighborhoods, constructed in three (3) phases and the total project area consists of four hundred thirteen (413) acres more or less, of which seventy six (76) acres more or less are uplands proposed for the development of thirty seven (37) home sites and private access roads.  Mr. Corbitt also stated the entire project area is designated an Environmentally Sensitive Lands (ESL) by the Comprehensive Plan and Land Development Code.  Mr. Corbitt further stated those ESL that may be affected by this project are as follows:

1. Tide-influenced salt marshes, mangroves, shorelines and barrier/off-shore islands.
2. Historic and archaeological sites.
3. The Cedar Key Scrub Preserve and all other habitats of threatened or endangered species.
4. Freshwater and coastal springs, swamps, marshes, wetlands as defined by the Department of Environmental Protection.  Stream side management zones along the Suwannee River, Waccasassa River and Withlacoochee River, and each of the rivers and spring fed tributaries.
5. State and Federal preserves, refuges and wildlife management areas.
6. The ten (10) and hundred (100) year flood plain.
7. Coastal and ravine flooding areas as defined in Future Land Use Element, Policy 1.5, conservation land use.
8. Coastal high hazard areas (category one (1) hurricane evacuation zone). 

Mr. Corbitt also stated, should the Board find the application and supporting documents of the proposed Preliminary Sketch Plan of “Lukens Addition” sufficient for approval, the Planning Commission recommends approval of the Preliminary Sketch Plan, subject to approval of the variances regarding the street system layout, and with the following conditions:

1.  The approval is for preliminary sketch plan design only, limited to a maximum of thirty seven (37) dwelling units.
2. Only permit the final plat of Phase III to be processed upon resolution of the access issues.
3. Provide a boundary survey of each phase for the filing of the final sketch plan (final plats).  Each boundary survey shall contain the required area to meet the density credit requirements for the number of dwelling units proposed in that phase (i.e. contain the developed land area plus the area from which the bonus dwelling units were credited).
4. Provide documentation from the Suwannee River Water Management District (SRWMD) that the type of real construction proposed for the project is recommended for the project (due to the particular type of topographical features); or require the applicants to meet the County’s specifications of typical road sections for Local I and II roads.
5. Require the applicants to document through reports and project design that all applicable requirements of the comprehensive plan policies and Florida Quality Development (FQD) standards have been met.
6. At the time of the submit of an application for final sketch plan approval, the applicants shall provide a professionally conducted archaeological survey, including all appropriate testing. The report should be furnished to the Division of Historic Resources with a request for determination of significance. An original copy of the agency’s findings shall be furnished with the report. The applicants shall document how any historical or archaeological sites deemed significant by the Division of Historical Resources will be protected and sufficiently identified by the use of kiosks or other appropriate marker.
7. Require the applicants to provide a professionally conducted wildlife assessment report by the time of submit of the application for final approval of the preliminary sketch plan. If any threatened or endangered species of plants or animals are found, require a wildlife habitat preservation or improvement plan, that has been approved by the Fish and Game Commission, be submitted with the application for final plat.
8. Require an Environmental Resource Permit (ERP) from the Suwannee River Water Management District based on specific and cumulative effects of the proposed development on the environment prior to the filing of the final sketch plan (final plat). A copy of the ERP shall accompany the construction plans submitted to the Development Department for the assurance of a construction and development permit for any phase.
9. Require the final sketch plan (final plat) to include:
     a.   Coastal construction setback lines.
     b.   Delineate the specific area of each lot where onsite sewage treatment and disposal
            systems shall be required to be located.
     c.   Delineate any documented dump site or abandoned landfill. Prohibit construction permits
            for such sites unless a mitigation plan, approved the Department of Environmental
            Protection (DEP) or (SRWMD), has been approved and implemented by the developers.
    d.  Delineate and preserve any archeological or historical sites identified as “significant” by the
          Department of State, Division of Historical Resources.  The developers shall provide
          adequate access to all such sites.
    e.  Show the net upland area of each platted lot.
     f.   Delineate all proposed common areas to be utilized for recreation and open space. Specific
          designs of such amenities shall be required at the time a construction development permit is
          requested.  The construction of all recreational amenities shall be completed prior to the
          submittal of an application for final sketch plan.
10. The applicants shall provide a management plan for all proposed recreation amenities and open spaces.
11. Require approval of the responsible entity for the maintenance of all common areas, including roadways, recreation amenities and open spaces, by the Board of County Commissioners; and subsequently, approval of the enacting documents by the County Attorney.
12. Assure that adequate access is provided to the tow interior parcels, located outside the plat.  Assure that each access is comparable to their existing access.
13. The filing of applications for final sketch plan shall not be permitted until and unless all conditions of conditional approval have been met, and all required improvements are completed.

Chairwoman Rooks opened the floor for public comments.

PUBLIC COMMENTS

Mr. Mike Smith, Attorney for Andrews Family, spoke on behalf of Mr. Dennis Andrews, stating he would like to defer comments pertaining to the application until after the opposition.

OPPOSITION:

Mr. Paul Oliver, Mayor of Cedar Key, spoke in opposition stating the impact to Cedar Key would be tremendous.  Mr. Oliver stated the clamming industries would be devastated, there would be pressure on services such as volunteer fire departments and police departments, as well as not knowing if fertilizer from those new residents might impact the wildlife.

Ms. Sue Colson, Cedar Key Aquiculture Association (CKAA), stated the CKAA is in full support of the Andrews developing their property at one (1) unit per twenty (20) acres under the current Comprehensive Plan and Land Development Code, however, we are opposed to bonuses or variances allowed in the coastal zone designated and recognized by this Board in August 2003, as an area of critical concern.  Ms. Colson also stated last year, the Board required a higher degree of protection in this area by regulating the type of on-site sewage disposal systems to be used and these advanced wastewater treatment systems were designed to meet water quality standards at the current land use densities. Ms. Colson commented there is no forestry in saltwater marshes and submerged lands, pine trees do not grow in saltwater.  Ms. Colson finally stated the CKAA respectively requests the Board to deny these petitions based on this Commission’s recognition that the area in question requires a higher degree of protection pursuant to the current Comprehensive Plan and Land Development Code.

Ms. Leslie Sturma stated Lukens Addition is an integral part of the Big Bend Sea grasses Aquatic Preserve, Cedar Key classified shellfish harvesting waters, Class II waters and outstanding Florida waters.  Ms. Sturma also stated Levy County’s saltwater marshes and inshore coastal waters support over 5800 saltwater recreational fishing license sales, over $1.75 million in commercial fishery landings annually and over $10 million in cultured clam harvests annually, all this could be compromised and endangered by allowing this addition.

Mr. Greg Lange, Chair Cedar Key Planning Agency, questioned are wetlands permitted in the calculations of bonus density dwelling units for PUD’s and the answer to this question may last beyond our lifetime, further stating wetlands are not allowed for computation.

Mr. Ken Edmonds stated the Clamming Industry is counting on the Board to take care of them and to do the right thing.

Mr. Cecil Quakeson stated the property in question is very sensitive and every aspect that is involved needs to be looked at very carefully.

Mr. Jimmy Lawrence stated he has lived through the Comprehensive Plan change and this change put him out of business. Mr. Lawrence finally stated he would like to see the Board deny the petition.

Ms. Margie Vanlandingham stated this County should follow the law and follow the Comprehensive Plan that has been set forth by the Board and follow the density bonus that has been set forth by the Comprehensive Plan.  Ms. Vanlandingham further stated the compliance with PUD and FQD requirements are not met by the applicants.  Ms. Vanlandingham finally stated delay verses deny, I would urge the Board to deny the application.

Mr. Rick Cooke, President of the Cedar Key Oysterman’s Association, stated if the Andrews family develops this land, will this development destroy a multi million dollar Clamming Industry.  Mr. Cooke also stated he is not here to stop the development of this addition, but only to follow the Levy County Comprehensive Plan.

FAVOR:

Mr. Mike Smith, Attorney for the Andrews Family, presented Mr. Frank Darabi, Consulting Engineer.  Mr. Darabi stated he knew the Andrews family for the last twenty five (25) years and they are stewards of the land.  Mr. Darabi also stated he is here to discuss the impact on wastewater and wetlands in the area.  Mr. Darabi further stated a wastewater treatment plant and a drain field will be doing the same thing and proposed if the choice is a drain field for it to be set back to the proper footage and for the Home Owners Association to have all the requirements inspected properly by the Health Department to ensure a piece of mind.  Mr. Darabi finally stated he feels very comfortable with the proposed drain field and the wetlands will be properly protected.

Mr. Mike Smith stated the Andrews Family will meet all requirements set forth by the Comprehensive Plan.  Mr. Smith stated the Planning Board made their determination that the application be approved with all conditions to be met. Mr. Smith also stated this is a preliminary plan not a final plan and all conditions will be met before final plan is approved.  Mr. Smith stated he does not understand the controversy regarding the wetlands, wetlands added in the calculation with the uplands or open lands to determine the density bonus is not described in the Comprehensive Plan, therefore, why is this an issue, the Comprehensive Plan and Land Development Codes have been in effect for fourteen (14) years, however there is no definition for wetlands.

Mr. George Sandora stated there is no beach or shoreline within the proposed Lukens Addition PUD.  Mr. Sandora also stated the upland sites proposed for development adjoin wetlands, including marine wetlands, the extent of which will be determined in the final plan by the Florida Department of Environmental Protection (DEP) statutory methodology.  Mr. Sandora finally stated the “edge of water” shown on the sketch plan does not abut any proposed development sites, thus the lands are not subject to the shoreline protection criteria and public access requirements of the LCP because there is not shoreline as solely defined by statute and rule.  

Mr. John Hart requested the Board allow the Andrews Family opportunity to develop this addition and abide by the rules set forth by the Board.

Mr. Chris Hardee stated the Andrews Family has a history of being conservationist and environmentalist and have owned property in Cedar Key for thirty (30) years. Mr. Hardee also stated they need to develop this upland area and in the since of fairness as a Board to consider this project, this project is very reasonable.

Mr. Jerry Watson stated why deny something that will help the County in the future, no one wants to harm the way of life we have here in Levy County.

Mr. Charley King stated, give the Andrews family a chance to meet all the conditions the County is requiring, an attentive approval is a fair request.

Mr. Tom Harper stated the Andrews family have gone the extra mile and ask the Board to use common sense and approve this petition.

Chairwoman Rooks closed the public hearing portion of this special meeting.

COMMISSIONER’S COMMENTS

Attorney Brown responded to Comm. Yearty by stating yes the Board can make their own determination of the preliminary sketch plan that the Planning Department approved.

Comm. Stevens asked if the preliminary sketch plan is used for review purposes only or guidance to a developer. Mr. Corbitt responded by stating a sketch plan is used as a first step in the approval process and the second step is a final sketch plan approval. Mr. Corbitt finally stated if a preliminary sketch plan is approved then the applicant must obtain all approvals from County, State and Federal permitting and meet all Florida Quality  Codes, before a final sketch plan can be approved. 

Comm. Yearty moved to approve the aforementioned preliminary petition and the variances with the following conditions to be met before a final sketch plan can be presented:

1. Density is calculated at one (1) dwelling unit per twenty (20) acres based on gross acreage less the submerged lands under the jurisdiction of the Department of Environmental Protection.
2. A survey done by a licensed surveyor showing the acreage amounts.
3. Applicant shall comply with all requirements in the County Comprehensive Plan concerning Plan Unit Developments on this application, including and not limited to the development standards for Florida Quality Development and all other studies and plans as set out in the report prepared by staff of the Planning Department.
4. Applicant shall comply with all the land development regulations governing the approval of PUD contained in section 50.901 thru 50.908 of the County Code.
5. Applicant shall comply with all applicable land development regulations relating to Environmental Sensitive Lands and roadways for PUD contained in the County Code.
6. Applicant shall comply with all conditions in the report prepared by the staff of Building and Zoning Department.

Comm. Bell seconded the motion as presented by Comm. Yearty and the MOTION CARRIED.

THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION, THE MEETING ADJOURNED.

                                        
Lilly Rooks, Chairwoman

ATTEST:

                                                    
Danny J. Shipp, Clerk of Court