STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CITIZENS FOR SANITY, PASCO COUNTY INC.; CASE NO. 99-4894GM
CLAY G. COLSON; JENNIFER L. SENEY;
NANCY L. ROSENBERG; and JUDY WILLIAMS,
Petitioners,
and
SIERRA CLUB, INC.
Intervenor,
vs.
PASCO COUNTY and STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS,
Respondents,
and
WARREN PENNER and MARTIN PENNER;
AS TRUSTEES OF THE PASCO LAND
TRUST; PETER GERACI; NICHOLAS
GERACI, and GEORGE M. BROWN;
DAIRY FARM CORPORATION; D. DEWEY
MITCHELL; JAMES W. MITCHELL;
MASSEY PARTNERS, LTD.; NORTHSEE
CORPORATION; SOUTHSEE CORPORATION;
Pasco Building Association, Inc.;
Schrader Family Limited Partnership,
Thomas A. Schrader, Theodore J. Schrader
and Terry Schrader as Trustees
of Comas Trust and Epco Ranch, Inc
WRB ENTERPRISES, INC.;
THE SKINNER FAMILY PARTNERSHIP;
JAMES F. ALDERMAN, AS TRUSTEE OF
BLALOCK PASCO TRUST; G. ROBERT
BLACKHARD, SR.; MARTHA SUE LOGAN,
AS TRUSTEE OF THE MARTHA SUE LOGAN
REVOCABLE TRUST, OAKLEY GROVES,
INC.; ODESSA LAND LIMITED; CONNER
LAND LTD; SID LARKIN & SON; S.L. HAYMAN;
ALICE E. HAYMAN; ELLIOTT FUENTES
and GLORIA FUENTES; JDI LAND TRUST;
and COASTAL LANDFILL DISPOSAL OF FLORIDA, LLC;
Intervenors.
______/
SAFETY HARBOR CAPITAL CORP., AS CASE NO. 99-4936GM
TRUSTEE OF THE WESLEY CHAPEL
LAND TRUST NO. 121798,
Petitioner,
And
SIERRA CLUB, INC.
Intervenors
vs.
PASCO COUNTY and DEPARTMENT OF
COMMUNITY AFFAIRS,
Respondents.
and
WARREN PENNER and MARTIN PENNER;
AS TRUSTEES OF THE PASCO LAND
TRUST; PETER GERACI; NICHOLAS
GERACI, and GEORGE M. BROWN;
DAIRY FARM CORPORATION; D. DEWEY
MITCHELL; JAMES W. MITCHELL;
MASSEY PARTNERS, LTD.; NORTHSEE
CORPORATION; SOUTHSEE CORPORATION;
Pasco Building Association, Inc.;
Schrader Family Limited Partnership,
Thomas A. Schrader, Theodore J. Schrader
and Terry Schrader as Trustees
of Comas Trust and Epco Ranch, Inc
WRB ENTERPRISES, INC.;
THE SKINNER FAMILY PARTNERSHIP;
JAMES F. ALDERMAN, AS TRUSTEE OF
BLALOCK PASCO TRUST; G. ROBERT
BLACKHARD, SR.; MARTHA SUE LOGAN,
AS TRUSTEE OF THE MARTHA SUE LOGAN
REVOCABLE TRUST, OAKLEY GROVES,
INC.; ODESSA LAND LIMITED; CONNER
LAND LTD; SID LARKIN & SON; S.L. HAYMAN;
ALICE E. HAYMAN; ELLIOTT FUENTES
and GLORIA FUENTES; JDI LAND TRUST;
and COASTAL LANDFILL DISPOSAL OF FLORIDA, LLC;
Intervenors.
______/
SETTLEMENT AGREEMENT
This agreement is entered into by, between and among Petitioners, Citizens for Sanity, Pasco County, Inc.; Clay G. Colson; Jennifer L. Seney; Nancy L. Rosenberg; and Judy Williams; Respondents, Pasco County and State of Florida Department of Community Affairs; Intervenors, Sierra Club, Inc.; and Intervenors, Warren Penner and Martin Penner; as Trustees of the Pasco Land Trust; Peter Geraci, Nicholas Geraci and George M. Brown; Dairy Farm Corporation; D. Dewey Mitchell; JamesW. Mitchell; Massey Partners, Ltd.; Northsee Corporation; Southsee Corporation; Pasco Building Association, Inc.; Schrader Family Limited Partnership, Thomas A. Schrader, Theodore J. Schrader and Terry Schrader as Trustees of Comas Trust/and Epco Ranch, Inc.; WRB Enterprises, Inc.; The Skinner Family Partnership; James F. Alderman, As Trustee of Blalock Pasco Trust; G. Robert Blackhard, Sr.; Martha Sue Logan, as Trustee of the Martha Sue Logan Revocable Trust, Oakley Groves, Inc.; Odessa Land Limited; Connor Land Ltd; Sid Larkin and Son, Inc.; S.L. Hayman and Alice E. Hayman and Elliott Fuentes and Gloria Fuentes; JDI Land Trust; and Coastal Landfill Disposal of Florida, LLC.
WHEREAS, Pasco County states that although the prior Citizens’ Advisory Committee (CAC) members spent considerable time and personal expense in the preparation and presentation of the many issues confronted by the Committee and performed their duties in a positive and professional manner for which the County and its Citizens are grateful, it is believed that the composition of the CAC should be more diverse in representation of the citizens of Pasco County.
NOW THEREFORE, the parties hereto enter into this Settlement Agreement and hereby agree:
1. Petitioners and Intervenors agree to dismiss their respective petitions with prejudice immediately after the County has adopted the amendments required by this agreement to be adopted 45 days after approval of this agreement (Conservation Element 2.8.7, 2.8.8, 2.8.9, 2.1.1, 2.1.2, 2.9, 2.9.2, 2.8.1, Transportation Element 1.1.7, 1.1.8, 1.1.9, Future Land Use Element Table 2-3 and Future Land Use Element density credit and intensity credit text). By this agreement, the Petitioners and Intervenors are not endorsing the Pasco County Comprehensive Plan, as amended, (Pasco Plan) and they reserve the right to advocate amendments to the Pasco Plan, to litigate future Pasco Plan amendments (transportation element amendment, wellhead protection amendments, wildlife amendments, and future EAR-based amendments) other than the amendments required by this agreement to be adopted 45 days after approval of this agreement, and to litigate the Ridge Road Extension east of Moon Lake Road in other proceedings.
2. Pasco County agrees to the following changes to the composition of the CAC for all future Comprehensive Land Use Plan Evaluation and Appraisal Report (EAR) and EAR-based comprehensive land use plan amendment process. Pasco County agrees to re-establish the committee by resolution of the Board. The resolution at a minimum shall contain the following:
a. The Citizens’ Advisory Committee (CAC) for the Comprehensive Land Use Plan Evaluation and Appraisal Report (EAR) and EAR-based comprehensive land use plan amendment process shall consist of 25 individuals who apply to and are appointed by the Board of County Commissioners (BCC). In the event of the inability to obtain a quorum, the Board of County Commissioners may reduce the size of the CAC. The CAC appointments by the BCC shall be as follows:
1) The BCC will set up 5 separate CAC planning districts.
2) The BCC as a whole will appoint 4 members from each CAC planning district, and 5 at large individuals.
3) CAC membership shall be open to the public.
4) Applications for CAC membership shall be solicited through public notices in local newspapers.
5) CAC qualifications shall include residency in Pasco County and commitment to spending the time required for the CAC duties.
6) To the extent applicable, each CAC appointee shall be subject to Florida Statutes Chapter 112.
7) The BCC shall to the extent possible proportionately appoint individuals to the CAC representing various interests, including but not limited to:
a) Water Resources;
b) Environmental, Conservation;
c) Recreation;
d) Neighborhood and Civic Associations, Civic activists;
e) Education and Academic;
f) Transportation;
g) Agriculture, Landownership interest;
h) Business, Industry;
i) Building, Developing, Real Estate;
j) Community design, Planning, Engineering;
k) High school or college student.
8) The CAC shall have sub-committees, which represents each of the five CAC planning districts, consisting of four members from the respective planning district, and one (1) at large CAC member.
9) The CAC will interview consultants being considered for the preparation of each EAR and EAR based amendments to the comprehensive land use plan. The CAC will make recommendations to the Board’s consultant selection committee of a minimum of five (5) consulting firms.
10) During any challenge to the EAR based plan amendments by the Department of Community Affairs or any third party, the CAC will continue to be activated and will receive timely and routine ongoing status reports regarding the matter and the general status of any negotiations. The CAC will not be left out of the challenge process. All communications to the CAC will be dated and any revisions of material will be numbered sequentially. The CAC will make comments and recommendations to the BCC regarding any settlement agreements of challenges to the EAR based plan amendments to the comprehensive land use plan.
11) To the extent applicable, CAC appointees shall comply with Florida Statutes Chapter 112.
3. Pasco County agrees that by January 31, 2001, Pasco County shall initiate the process for the preparation of the EAR report due October 1, 2003. Pasco County shall study at a minimum the following issues:
a. Land use allocation methodology;
b. The use of urban service areas, including the timing and scope of development outside urban service area;
c. The use of planning areas for the orderly provision of services;
d. Land uses within the groundwater recharge areas, including the interface of stormwater management and groundwater recharge (to the extent this is not addressed by the wellhead protection area study);
e. Land use suitability, and densities and intensities in the Mixed Use (MU) and Retail/Office/Residential (ROR) land use categories.
Pasco County shall amend its comprehensive plan accordingly based on the data and analysis developed as a part of the preparation of the EAR and EAR based amendments.. Consistent with State law, Pasco County shall adopt said EAR based amendments within eighteen (18) months after the EAR receives a final sufficiency determination from the DCA.
4. Pasco County agrees within 45 days after approval of this agreement to adopt an amendment to its comprehensive plan to adopt a wetland and lake map overlay, using the Category 1 definition to create an overlay for the Future Land Use Map, and revise Conservation Element Policy 2.8.9 in its entirety and Future Land Use Element Table 2-3 as follows. The County will retain the existing maps 2 - 5 (a),(b), and (c) as part of the map series. The wetland and lake map overlay shall serve as a conceptual indicator of wetlands and lakes. The precise delineation of these areas shall be determined through site specific studies and field determinations through the development review process.
2.8.9. The Wetlands designation on Map 2-5 a, b, and c and the Wetland/Lake Overlay on the Future Land Use Map (FLUM) shall serve as a conceptual indicator of conservation, wetland and lake areas. The precise delineation of these areas shall be determined through site specific studies and field determinations through the development review process.
TABLE 2-3
COMPREHENSIVE PLAN FOR UNINCORPORATED PASCO COUNTY
FUTURE LAND USE CLASSIFICATION SYSTEM
FUTURE LAND USE CLASSIFICATION / MAPSYMBOL / DENSITY RESTRICTIONS DWELLING UNITS/
GROSS ACRE / MAXIMUM
NONRESIDENTIAL
INTENSITY
FLOOR AREA RATIO
(FAR) / GENERAL RANGE OF POTENTIAL USES / NOTES
21) Wetland/Lakes Overlay / WLO / N/A / N/A / See Conservation Element Policy 2.8.6 / Intent- To set forth public or privately owned naturally occurring lakes and those lands which meet the definition of Category I wetlands. Development in these areas as well as category II and III wetlands may be restricted by federal, state and/or local environmental regulations and is subject to the Goals, Objectives and Policies of the Pasco County Comprehensive Plan and applicable land development regulations.
The use of these areas as well as category II and III wetlands for residential density credits and non-residential intensity credits is described in the Future Land Use Element and in Conservation Element Policies 2.8.7 and 2.8.8.
The Wetland/Lake designation on the Future Land Use Map identifies and depicts areas which require on-site evaluation to verify their existence and determine their extent on a given parcel.
5. Pasco County agrees within 45 days after approval of this agreement to adopt an amendment to its comprehensive plan to revise Conservation Element Policy 2.8.7 and Policy 2.8.8 as follows and to revise the density and intensity credit examples, calculations and tables in the Future Land Use Element accordingly as follows:
Conservation Element:
2.8.7 Maximum gross residential density calculations shall be based on pre-development upland and wetland acreages. Where proposed residential acreage contains wetlands and waterbodies, except natural lakes, density credit will be allowed for those wetlands and waterbodies, except natural lakes, provided that the areas so classified do not exceed 10% of the developable residential acreage.
2.8.8 Maximum gross non-residential intensity calculations shall be based on pre-development upland and wetland acreages. Where proposed non-residential acreage contains wetlands and waterbodies, except natural lakes, intensity credit for F.A.R. calculations will be allowed for those wetlands and waterbodies, except natural lakes, provided that the areas so classified do not exceed 10% of the developable non-residential acreage.
Future Land Use Element:
Calculation of Residential Densities
1. Maximum densities are applied on a gross residential basis. This means that each development proposal is considered separately. In applying densities to acreages, certain nonresidential land use types that lie within a project's boundaries, such as office, commercial, and industrial uses, are excluded from the calculations. Also, only those lands specifically within a project's boundaries may be used for calculating any density credits. Along coastal areas, only land above the mean high tide line may be used in determining acreage size. Maximum density and other calculations shall be based on the development potential allowable in either the requested or existing zoning district, whichever is applicable, but in no case shall exceed the gross density permitted by the Plan.
2. In general, the computation of maximum gross density shall be the maximum density allowed by the land use classification applicable to the subject property, multiplied by the proposed residential acreage of the project. Proposed residential acreage means that portion of the total site area which will be developed for residential use inclusive of street rights-of-way, utility rights-of-way, public and private parks and community facilities. Proposed residential acreage does not include any lands within the project which are defined as Conservation or Water Bodies. In some cases, the application of zoning, subdivision, environmental, and other regulations may result in an actual project density less than the maximum permitted by the Plan. The land use map does not guarantee that maximum densities will be achieved and does not serve as a substitute density limit in place of any other regulation.
3. In those cases where proposed residential acreage contains lands which are classified as Conservation, Water Bodies (except naturally occurring lakes), or otherwise environmentally sensitive, density credit will be allowed provided that the areas so classified do not exceed 10 percent of the developable residential acreage.
EXHIBIT 2-1
DENSITY CREDIT EXAMPLES
(( Developable Residential Acreage + Density Credit (Maximum of 10% of Developable Residential Acreage)) x Future Land Use Designation (Dwelling Units/Gross Acre) = Maximum Residential Units Allowable
EXAMPLE 1.
Total Residential Acreage: 100 acres
Wetlands: - 10 acres
Developable Residential Acreage: 90 acres
Developable Residential Acreage: 90 acres
Density Credit: x.10_____
9 acres
Future Land Use Designation: Residential-3 (3.0 du/ga)