The Palm Beach County Board of County Commissioners (BCC) approved three zoning changes in the AG Reserve for home builder G.L. Homes today, despite vigorous opposition from conservation groups and citizens concerned with wildlife, the environment, water quality and preserving the original intent of the Ag Reserve.
[For an excellent summary of the issues, background and terms, please take the time to refer to the Audubon Society of the Everglades’ webpage, http://www.auduboneverglades.org/urgent-call-to-attend-thurs-jan-8-ag-reserve-hearing-need-all-of-you/]
The approval allows GL Homes to use a 264-acre parcel of land, which currently has a Conservation Easement restriction on it, to expand one of its gated communities to 1,408 homes from about 800+ homes.
Those speaking in support of the zoning map amendments were the applicant, G.L. Homes; smaller farm owners who pleaded hardship and want the ability to sell off their development rights to developers like G.L. Homes; and brokers and real estate agents with special interests in transactions involving TDRs (Transfer of Development Rights).
Commissioner Paulette Burdick (District 2) was the sole “no” vote, asking fellow commissioners to postpone the vote until the next Roundtable Ag Reserve workshop. The Ag Reserve workshop, initiated by the Commission, involves all parties coming to the table to discuss Ag Reserve issues together. That workshop, originally scheduled for January, had been postponed to mid-February.
The most controversial issues focused on the loosening of Conservation Easements for private interests, and the swapping of development rights. Opponents argue that the swapping decreases the size of contiguous parcels protected for agriculture, wetlands, conservation, wildlife and similar uses intended by the Ag Reserve bond. (In 1999 Palm Beach county voters approved a bond referendum for $100 million to purchase and preserve lands in the Ag Reserve.)
A biologist from Arthur R. Marshall Loxahatchee National Wildlife Refuge testified that breaking up big preserve areas all of a piece to enable a mosaic of smaller pieces of preserved land elsewhere, though they may total the same acreage, compromised the habitats and existence of Florida’s natural wildlife.
Another citizen argued that piecemeal preserves were of more value to the developers as required “buffers” for housing developments than as preserves for wildlife, wetlands, etc.
Spokespeople from conservation groups like the Audubon Society of the Everglades protested that governments releasing parts of Conservation Easements was a slippery slope that set a dangerous precedent.
In the changes voted on today, land preserves in a larger area that is no longer being targeted for development (The Amestoy parcel, referring to the Amestoy family farm property) were allowed to be swapped to enable G.L. Homes to have its adult community Valencia Cove (or “Valencia South”) comply with the mandated 60-40 ratio of development to preserved land.
The swap enables G.L. Homes to expand Valencia southward. Although the number of housing units would expand from about 800+ to 1408, the net reduction of housing units after the swap would be 50 less housing units. G.L. Homes also argued that the swap would mean less traffic on the road, because “adult” communities generate about three road trips per day versus ten road trips per day per family household.
The swaps will result in the larger contiguous piece of preserve area in the Amestoy property to be swapped for a mosaic of over 20 “slivers” of preserved land in the Valencia South development.
All applications for the three interdependent amendments to the Official Zoning Map had been previously reviewed and approved by the county’s planning staff as being in compliance with existing regulations. The areas all fall largely within District 5 (Commissioner Marylou Berger) and some in District 6 (Commissioner Melissa MacKinlay).
Another citizen advocate argued in comments that the county could preserve the larger pieces of Ag Reserve lands and still help farm families by buying the lands directly from the farmers without involvement of private developers.
The six commissioners who approved the changes cited the net reduction of 50 homes, the stamp of approval of the planning staff on compliance, and approval from the homeowner federation group COBWRA (Coalition of Boynton West Residential Associations) as significant justification for their approval.
Dan Lobeck, a land use attorney hired by the Audubon group, questioned the legality of the zoning notices published in the newspaper because they did not display maps, just text. County attorney Bob Banks disagreed. Mr. Lobeck also closely cross-examined each commissioner as to their ex-parte meetings with the applicants and their agents in advance of the hearing. Each commissioner testified that they had been visited by persons related to the GL Homes project in question, but had not pledged support or made up their minds before the hearing.
[previous post: item http://242.733.myftpupload.com/2015/news/urgent-jan-8-county-hearing-on-ag-reserve/]
See Sun-Sentinel story on earlier approvals for GL Homes in the Ag Reserve
What Are TDRs?
See http://242.733.myftpupload.com/wp-content/uploads/bsk-pdf-manager/11_TDR_INFO.PDF