RESPONSES TO OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 01-1 FOR ST. LUCIE COUNTY OBJECTION #1:

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1 RESPONSES TO OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR ST. LUCIE COUNTY AMENDMENT 01-1 OBJECTION #1: Chapter 7, page 21 of the support data and analysis states the number of units allowed under the existing comprehensive plan equals 20,094; and existing commercial, retail and professional office equals a total of 61,397,820. On page 2 of the Agenda Request memo submitted by the County Growth Management Department, it states that the maximum number of units that could be built under existing future land use element is 22,300. The support data and analysis are internally inconsistent. The proposed TVC amendment allows 37,500 units and 5,000,000 square feet of commercial, professional and office uses. The proposed amendment does not adequately address the need for these changes in land use allocations. The proposed amendment increases maximum allowable units under this designation by approximately 15,200 units without demonstrating a need for these units. RECOMMENDAT ION Revise the support data and analysis to be internally consistent, and consistent with the goals, objectives, policies, and overlay maps to be adopted. In the support data and analysis, demonstrate the need for the proposed changes in allowed dwelling units and allowed commercial, retail, and professional office square footage. ACTION/RESPONSE #1 a) Regarding Data Incompatibility. Chapter 7, Page 21 of the support Data and Analysis number of 20,094 units allowed under the current comprehensive plan is incorrect. The correct number is 22,300 units, as stated in the Growth Management Departments agenda request. Existing commercial, retail and professional office equals a total of 41,397,820. These figures have been corrected and made consistent throughout the Data and Analysis and all documents relative to this comprehensive plan amendment. A copy of the analysis attached as Exhibit A and replaces information on Chapter 7, Page 21. b) Regarding Need for Changes in Allocations: The TVC assumes at build out, an increase of 15,200 units: from 22,300 currently allocated in the areas Future Land Use Map (FLUM), to 37,500 achievable through the Transfer of DCA ORC TVC doc 1

2 Development Rights Program. TVC reduces the commercial square footage by 36,397,820sf, from 41,397,820sf to 5,000,000sf. These changes (increase in residential units, decrease of commercial space) are the result of the following: A Transfer of Development Rights Program: This program has the potential to increase the overall number of residential units, and is needed as an incentive for leverage by the local government to encourage a more compact and sustainable form of development while achieving a significant amount of undeveloped open space. A Consideration of Both Short and Long Range Projections: The TVC defines absorption through the year a longer term. A Significant Reduction of Commercial Impact: A detailed retail analysis conducted by Gibbs Planning Group indicates an over supply of commercial uses. The analysis takes into consideration both local and regional, existing and proposed development. Reduction of this excessive amount of commercial is needed to achieve a more balanced and sustainable region, help satisfy concurrency requirements, and preserve the character of the North County Region. Additionally, the commercial space that remains in the plan is distributed throughout the TVC area (Figure 3-13 NSLC General Retail Development Plan and Figure 3-16 NSLC General Workplace Plan ) in coordination with the proposed regional street network (Figure 3-15 NSLC Future Street Network ) to reduce trip quantity and length, promote other means of transportation, and ensure that over time sustainability is achieved. The Convergence of Two Major State Highways I-95 and the Florida Turnpike are within a few hundred feet of each other at the south end of the TVC Area. A proposed interchange providing access on and off both and into the TVC Area, will provide unique regional connectivity and be a significant attractor of future development. The St. Lucie County International Airport The TVC Area is the gateway to the St. Lucie County International airport, a major employer and enterprise within St. Lucie County The St. Lucie County Agricultural and Research Park Located directly south of the TVC area, the St. Lucie County Agricultural and Research Park constitutes another major effort to attract diverse industries and jobs to the area. The TVC contains several policies that link residential TDR incentives with the function of its Open Space and attracting Targeted Industry consistent with the activities to be performed at the Agricultural and Research Park c) Regarding commercial, retail, and professional office square footage. A retail analysis conducted by Gibbs Planning Group is included in Chapter 5 of the data and analysis and addresses the need for 5,000,000sf of commercial uses. Figures 3-13, page 3-35 (NSLC General Retail Development Plan), and 3-16, page 3-43 (NSLC General Workplace Plan) of the TVC element proposed for the St. Lucie County Comprehensive Plan address general locations and type of retail and workplace districts. The locations are coordinated with the proposed Future Street Network (Figure 3-15 NSLC Future Street Network ) to ensure the viability of smaller increments of retail, rather than clustering excessive amounts solely around the interchange or in compromised intersections as the current Comprehensive DCA ORC TVC doc 2

3 Plan for this area directs. Each proposed increment of commercial uses is directly related to the amount of residential development that will occur concurrently. This will provide for an equitable distribution of services and workplaces, while reducing trip length and quantities and providing alternate means of transportation. Table 3-8, page 3-33 of the TVC element details commercial square footage required for each district defined in the above mentioned figures. OBJECTION #2: The amendment does not include an analysis of cumulative impacts of existing, permitted and proposed development in the region on water supplies and water treatment capacity; and sanitary sewer, solid waste, drainage, and roadway facilities. Because the proposed amendment lacks this analysis, it does not demonstrate financial feasibility. RECOMMENDAT ION Revise the amendment to include an analysis of the cumulative impacts of existing, permitted and proposed development in the region on water supplies and water treatment capacity; and sanitary sewer, solid waste, drainage, and roadway facilities. This analysis should include commitments made to serve DRIs and non-dris in the region. The analysis must demonstrate that the proposed amendment is financially feasible. ACTION/RESPONSE #2 a) Demonstration of Financial Feasibility, Analysis of Cumulative Impacts i. The cumulative impacts analysis is provided in Chapter 8 of the support Data and Analysis. ii. A detailed financial feasibility study that considers cumulative impact analysis is provided in Chapter 10 of the support Data and Analysis iii. A stormwater model of the entire TVC area prepared by LBFH, Inc. models the proposed central backbone system for drainage and water management. It concludes that water discharges to the Indian River Lagoon will be reduced by 30%, and water quality will improve by 50%. Costs of developing the system will be born by those units of development that will be required to create and expand the central backbone system to support their development. There is a comprehensive canal system already in place which is owned, operated and managed by the Ft. Pierce Farms Water Control District (FPFWD). This system is adequate to convey the treated stormwater discharged from new units of development planned for the TVC area. This information is available in the Surface Water Management Report & Supporting Documents for the Northeast St. Lucie County Area prepared by LBFH as a referenced document of Chapter 7 of the support Data and Analysis. The Conclusions and Recommendations of this report are attached as Exhibit C and a copy of the report and model is included in the attached CD also part of the data and analysis. DCA ORC TVC doc 3

4 iv. There are no other approved DRIs or development programs in the area. This analysis does not include non approved DRIs or development programs the region because the demand of these non-approved developments is not a current commitment of the provider for TVC s demands. v. The Fort Pierce Utilities Authority (FPUA) will be the provider of potable water to the region. The FPUA has sufficient capacity to supply TVC s demand.. See Action/Response to Objection #7 for additional information. OBJECTION # 3 Policy (6) describing options for development outside the Urban Service Boundary (USB) is not specific. It states that new development on parcels less than 500 acres is not eligible for urban services. It further states that new development on parcels less than 500 acres shall follow the TVC land development regulations to ensure connectivity and compatibility with existing adjacent development without affecting the property s existing density and intensity. The policy does not define urban services. It does not provide adequate policy guidance to ensure connectivity and compatibility in a manner that avoids sprawling, leapfrog development. RECOMMENDAT ION Revise the policy to define urban services and to provide adequate policy guidance, in the form of specific actions and activities, to ensure connectivity and compatibility in a manner that avoids sprawling, leapfrog development. ACTION/RESPONSE # 3 a) Regarding Urban Services: A new definition describing what is referenced with the terms urban services has been included in the TVC element as follows: Definition: Urban Services: Potable water supply and distribution; sanitary sewer collection, treatment and disposal. b) Ensuring Connectivity and Compatibility in a Manner that Avoids Sprawling Leapfrog Development: The current land use pattern has already resulted in leapfrog development without following any specific growth pattern other than individual private sector development initiatives. Isolated single family pods (Panther Woods, Spanish Lakes) have impacted the countryside. An island of urban services proposed at the intersection of Indio Road and I-95, four miles west of the current urban service boundary currently encourages additional leapfrog development. The TVC does not allow single use, isolated pods. It is structured so that the minimum increment to be built is a complete neighborhood with a range of uses, that, when sitting alone in the countryside, constitutes a village. Parcels under 500 acres are provided numerous incentives to keep land dedicated to agricultural uses and to transfer development DCA ORC TVC doc 4

5 rights into identified receiving areas within the towns and villages. Only the owners of those parcels under 500 acres who do not opt to take advantage of any of the proposed incentives will continue to build following the existing pattern that is currently allowed in the comprehensive plan, with one caveat: whatever form development takes, compatibility, road connectivity and connectivity of the water management components in the form of a flow way is mandatory. While not ideal, this option is more predictable and an improvement to the current pattern, without negatively affecting existing development and property rights. The following existing and new policies provide good guidance for addressing the issue of connectivity and compatibility, whether for development, for countryside and open space, or for the flow way: , , , , , , through , and Figures 3-4, 3-5, 3-6, 3-8, 3-14, and c) Regarding Compatibility: Policies , , and address the issue of compatibility as it relates to all uses, both existing and proposed. In addition all new towns and villages have to contain a mix of uses including residential, retail, office, civic and recreation spaces that support the daily needs of its residents within walking distance. These varying uses have to be organized based on the Transect which is composed of a hierarchy of zones including the Countryside, Neighborhood Edge, Neighborhood General, and Neighborhood Center zones, and in the case of developments with multiple neighborhoods, the Neighborhood Core zone. The Transect promotes a wide cross section of uses, densities and building types and depicts their appropriate location in clearly defined zones, and that promotes compatibility with existing development. The Land Development Regulations (LDRs) provide precise instructions to guarantee that the appropriate transect zone be located adjacent to existing development. The LDRs for the TVC area provide instructions to achieve compatibility for incremental development (development that does not qualify to be a town or village) inside the USB. Figures 3-4 Neighborhood Diagram, 3-6 The Transect, 3-8 Neighborhood/Open Space Diagram and 3-11 Linking the Countryside & Flow Way System graphically depict the location of uses to ensure compatibility both between existing and proposed developments. Finally, Policy (6) [pg. 3-7] has been revised as follows: For parcels less than 500 acres in size, subdivide the property into individual home sites with densities and intensities equal to or less than the number permitted by the Transferable Density. Such properties are not eligible for the incentives offered by the TVC, including access to urban services and utilization of the TDR Program. New development shall connect roadways, trails and open space and be compatible with existing adjacent development without affecting the property s existing density and intensity. DCA ORC TVC doc 5

6 OBJECTION # 4 Clarification is needed on how the TDR process will be managed. Policies do not specify whether the process will be market-driven, where property owners reach agreements that are then recorded; or coordinated by the County, which would be responsible for soliciting offers and managing transactions. Policies and provide for the permanency of transfers of development rights and a procedure for transfer. The policies do not specify a clear implementation mechanism to ensure that TDRs remain permanent. Additionally, there is no policy specifying a time frame for recording TDRs. RECOMMENDAT ION In a policy statement or statements, clarify how the TDR process will be managed and specify the roles of the private sector and the County in the management process. In a policy statement or statements, specify a clear implementation mechanism to ensure that TDR s remain permanent. Create a policy to specify a brief time frame for recording TDRs. ACTION/RESPONSE # 4 a) Regarding Management of the TDR program: The TDR Program is intended to be a market driven program. To support this purpose, Policy states, Density increases not associated with the TDR Program (i.e. through rezoning) are not permitted outside of the Urban Service Boundary. Additionally, the following policies have been added: Policy Market Driven TDR Program. The TDR Program shall be a market driven program with the amount and value of credits negotiated between private owners. The timeframe for recording the necessary Deed Restriction or Conservation Easement required by the TDR ordinance (attached as Exhibit E) is expected to occur simultaneously with the issuance of a deed of transferable development rights, typically through escrow. Policy : Recording Time. St. Lucie County, in conjunction with the St. Lucie County Property Appraiser, will require recording Deed Restriction or Conservation Easement on the sending sites before credits are available for use on the receiving site. Policy : Review of the TDR Program. St. Lucie County will track the number of credits transferred and supervise transfer procedures through a public process. Every two (2) years, St. Lucie County will evaluate the supply and demand of transferable development rights and whether any action is necessary to ensure the success of the program. b) Regarding Implementation Mechanism of the TDR program: Outlined in the TVC Element of St. Lucie County s Local Comprehensive Plan, local ordinance or land development regulation designed to guide the detailed implementation of the Transfer of Development Rights program has been prepared working in collaboration DCA ORC TVC doc 6

7 with Dr. Thomas Daniels - Professor in the Department of City and Regional Planning at the University of Pennsylvania. Dr. Daniels was the longtime manager of the nationallyrecognized farmland preservation program in Lancaster County, Pennsylvania, responsible for 189 conservation easement projects throughout the country, and author of When City and Country Collide: Managing Growth in the Metropolitan Fringe. The implementing ordinance was extensively reviewed and approved by the County s appointed TDR committee and contains details not appropriate to include in a policy document like a local comprehensive plan. The rules and regulations governing implementation of the TDR program is attached as Exhibit E. c) Regarding Permanency of the TDR program: The key components that will guarantee a balance between supply and demand, the process by which developers can obtain additional density, delineation of sending and receiving sites, design guidelines, and the ability to establish a purchase of development rights program, are all included within the policies in the TVC element and are outlined in Objective and Policies through The proposed structure will ensure a fair, permanent, and predictable process. At the same time, by incorporating the details of implementation and management of the TDR Program in the LDRs, an appropriate amount of flexibility has been built in to allow reaction to different market conditions over time. Additionally, Policy [p 3-32] has been amended as follows: Policy Permanency of Transfer. All transfers of development rights are deemed to sever the transferred development rights from the sending property and are subject to approval by St. Lucie County. This shall be accomplished by legally recording the transfer. Additional development rights may not be assigned to sending sites. OBJECTION # 5 Policy (3) addresses agricultural uses outside the USB. It does not explain or specify how agricultural uses may be enhanced or expanded over time. If agricultural uses are enhanced, is it possible to receive an increased multiplier to the transferable density of the property? This policy is vague and non specific Recommendation Specify how agricultural uses may be enhanced or expanded over time. In the support data and analysis and corresponding policies, explain how this may be accomplished and clarify whether it is possible to receive an increased multiplier to the transferable density of the property. ACTION/RESPONSE # 5 a) Regarding Policy (3) DCA ORC TVC doc 7

8 This policy has been revised as follows: 3. Maintain the property in its natural state or for existing and new agricultural uses consistent with the adopted agricultural zoning designations. Such uses are encouraged to remain and may be (enhanced or) expanded over time. b) Regarding Increased Multipliers Credits in the TVC element are established by applying a multiplier to a property s unused development rights at the time of transfer (whether internal to a town or village, or from offsite sending sites). Once the transfer occurs, a conservation easement or deed restriction (depending on the source and parcel size) is established on the sending site, ensuring that it will remain as open space and unable to generate additional density or credits in perpetuity. The conservation easement and deed restriction procedures are outlined in the TDR program (Exhibit E) included in the LDRs. If an existing agriculture use expands by acquiring additional land, the potential for generating additional credits exists. However, the TVC does not allow for additional density or credits to be awarded due to a change in the type of agriculture over time. Policy [p 3-25] Transfer of Development Rights (TDR) Program states that Density increases not associated with the TDR Program (i.e. through rezoning) are not permitted outside of the Urban Service Boundary. Policy [p 3-28] Calculation of TDR Credits finally states that Once TDR Credits are created, a multiplier can never be applied to a TDR Credit to yield additional credits. OBJECTION # 6 Objective and Policies and address the creation of compact, mixeduse, pedestrian friendly Towns and Villages. The objectives and policies do not specify actions and activities that will result in a diverse and functional mix of land uses. In particular, Policy does not include specific actions, activities and programs to ensure that adequate school facilities will be provided to accommodate projected school populations. Recommendation Revise the policy or create new policies that include specific actions and activities to require that future development within the proposed amendment area will result in a diverse, attractive and functional mix of land uses as opposed to single-use development. For example, the amendment must provide guiding policies to ensure that neighborhoods contain a mix of uses including residential, retail, office and other uses addressed in policy Policy must be revised to include specific actions, activities and programs to ensure that adequate school facilities will be provided to accommodate projected school populations. DCA ORC TVC doc 8

9 ACTION/RESPONSE # 6 a) Regarding the creation of compact, mixed use, pedestrian friendly Towns and Villages Objective refers to the prevention of suburban sprawl by restricting the development of lands outside of the Urban Service Boundary to a system of compact, mixed-use, pedestrian-friendly Towns and Villages. Policy describes the neighborhood as the basic planning unit for all towns and villages as well as the traditional neighborhood settlement principles that are required for the development of all new Towns and Villages. A number of policies throughout the TVC element include specific actions to guarantee that Objective is fulfilled. These actions are described in the following policies: Policy (2) The Transect. A Neighborhood shall contain a mix of uses including residential, retail, office, civic and recreation spaces that support the daily needs of its residents within walking distance. Varying uses shall be organized in the Neighborhood based on the Transect (Figure 3-6), which is composed of a hierarchy of zones including the Countryside, Neighborhood Edge, Neighborhood General, and Neighborhood Center zones, and in the case of developments with multiple neighborhoods, the Neighborhood Core zone. The Transect promotes a wide cross section of uses, densities and building types and depicts their appropriate location in clearly defined zones: a) Neighborhood Edge. The Neighborhood Edge is primarily a detached single-family area with larger lots and less density than the other zones. b) Neighborhood General. The Neighborhood General is one of the larger areas in a Neighborhood, allowing some small businesses compatible with the primarily residential character of the zone. A mixture of single-family homes on various lot sizes, attached townhouses, apartments, bed and breakfast tourism homes and some live-work units is appropriate. c) Neighborhood Center. The Neighborhood Center is the recognizable nucleus in the form of a public or civic focal point. The public or civic focal point may be a publicly owned square, park, green or plaza, in combination with a school, library, museum, place of worship, community center, farmer s market or small-scale neighborhood retail uses. The Neighborhood Center provides a natural gathering place for the community and is lined by the fronts of buildings for spatial definition as well as for the increased safety afforded by the resulting natural surveillance opportunity. The Center is compact and appropriate for multi-story attached buildings designed to accommodate a range of uses over time. Shops with offices or apartments in the upper stories, live/work units and higher density residential types are all appropriate in the Neighborhood Center. The Neighborhood Center is within walking distance of and accessible to all neighborhood residents. d) Neighborhood Core. The Neighborhood Core is the densest, most active zone of the Transect, supported by at least two neighborhoods usually occurring along a major thoroughfare or at a major intersection. The Neighborhood Core has the more intense retail and office uses and may include targeted industry employment uses. DCA ORC TVC doc 9

10 Policy (3) Variety of Housing Types. A Neighborhood shall provide a variety of housing types and prices that support a broad range of family sizes and incomes. Policy (8) Mix of Uses. Neighborhoods shall support varying amounts of mixed use located within the appropriate area of the Transect within suitable building types. Policy : Development in the Form of New Towns and Villages. Except as otherwise provided in the TVC Element, new development shall be in the form of Towns and Villages, created by a system of neighborhoods that demonstrate the Settlement Principles, implement the retail, workplace and transportation strategies, manage water and wastewater comprehensively and allow for a significant amount of Countryside. Policy : Towns Table 3-2 guarantees compact neighborhoods by limiting the net developable area of any town to 40% of the property outside the USB, and 60% inside the USB Policy : Villages Table 3-3 guarantees compact neighborhoods by limiting the net developable area of any village to 25% of the property outside the USB, and 60% inside the USB. Objective addresses the mandatory provision of retail. Policies and : specify the location of retail relative to the neighborhood and the Special Area Plan (SAP). Policy additionally states retail types and minimum and maximum amounts of retail that shall be provided in each new neighborhood. These amounts are based on the number of proposed homes and are outlined on Table 3-8 Retail Program Matrix. Objective , Policies (1) through (9) and figures 3-13 and 3-16 specify actions and activities to ensure the location of businesses (jobs) within the new Towns and Villages b) Regarding the Provision of Adequate School Facilities Policy (4) - Civic Uses. States that Towns or Villages that are required to provide a school shall locate the school on-site. Planning for the school shall be coordinated with the School Board of St. Lucie County New policies to further address adequate school facilities has been created as follows: Policy : Adequate School Sites and Capacity To ensure adequate school location, the proponent of a new Town or Village shall work with the County and the St. Lucie County School Board to determine the most appropriate school site that fulfills the locational, capacity and concurrency requirements set forth by the TVC and the adopted St. Lucie County Interlocal Agreement for School Concurrency as required by Senate Bill 360. The TVC area shall at build out have a total of 8 new schools - six K-8 and two high schools distributed accordingly. DCA ORC TVC doc 10

11 Policy : Site Plan Approval Requirements. No site plan approvals shall be awarded unless adequate school capacity exists or is programmed to be available concurrent with the demand. Mitigation is possible for incremental development. Additionally, no site plan approvals shall be awarded unless adequate potable water and sanitary sewer capacity exist or are programmed to be available concurrent with the demand in the North County Area. OBJECTION # 7. Chapter 8, page 4 provides an analysis of demand of potable water and sanitary sewer facilities. Certain assumptions used in this analysis do not appear to be based on the best available data. Census 2000 data indicates a factor of 2.47 persons per household for St. Lucie County, ( whereas the TVC amendment data uses 2.3 persons per household. The analysis uses a standard of 88 gallons per person per day (gpd) for potable water usage; however, the South Florida Water Management District stated that over the last five years actual per capita water usage is 142gpd. The analysis also uses 88gpd for wastewater flows; however the adopted level of service standard for sanitary sewer systems owned by Ft. Pierce Utilities (the proposed service provider) is 130gpd. In addition, the data and analyses do not indicate whether the level of service standards include both residential and non-residential land uses, or residential land uses only. Recommendation Revise the data and analysis, based on allowed development maximums, for projected potable water consumption and sewage generation through proposed buildout using best available data, and revise the analysis of available facility capacity to accommodate projected demand. In the data and analyses, indicate whether level of service standards include both residential and non residential land uses, or residential land uses only. The revised data and analysis must demonstrate that potable water and sewer can be provided to the proposed land uses, at appropriate level of service standards, in a manner that is financially feasible. Revise amendment goals, objectives and policies accordingly to ensure that proposed land uses can be served, at appropriate level of service standards, in a manner that is financially feasible. ACTION/RESPONSE # 7 a) Regarding Best Available Data The analysis on Chapter 8 of the data and analysis regarding potable water and sanitary sewer has been revised and is attached as Exhibit D. This analysis concludes the following: The calculations performed using the best available data accepted by FPUA and SFWMD demonstrate an overall net improvement in water demand at build out: with DCA ORC TVC doc 11

12 TVC there is a demand reduction of 500,000gpd (gallons per day) compared to the demand under the current Comprehensive Plan. b) Regarding the Provider and Availability of Potable Water Fort Pierce Utilities Authorities (FPUA) will be the primary provider of potable water. If necessary, the surficial and intermediate aquifers will be used to supply water needs beyond those FPUA is currently providing to satisfy projected demand: The TVC area has historically been an agricultural area served by extensive ditching and diking with very little surface storage. As a result of the TVC with its attendant open spaces and increased surface storage, the annual recharge of the shallow aquifer will be significantly increased. In the opinion of the engineering firm that services the FPFWD, the net result will be an increase in annual storage in the shallow aquifer enabling a wellfield to be developed in the shallow aquifer sufficient to produce potable water to meet the ultimate demands of the area. c) Regarding Potable Water Demand The analysis on Table 1 Exhibit D - was done using a value of 210gpd per household for potable water supply. This number is commonly accepted by SFWMD and FPWMD as an average for the suburban developments that predominate in St. Lucie County. This number, although high for compact, higher density developments, was used for all calculations. Even using a suburban demand value, and considering a potential increase in the total number of units in the area, the analysis shows that the overall water budget for the whole area is smaller. In addition, the design principles embedded in TVC will result in an even higher economy in the daily water usage due to the following facts: a) The net developable area is significantly reduced to 25% to 40% of the total site of a new Town or Village, considerably reducing the areas to be irrigated. b) The higher density proposed in the net developable area results in smaller lots than those encouraged under the current Comprehensive Plan. Consequently landscaped surfaces and irrigation requirements are radically reduced. c) The Open Space required in TVC (60% to 75%) shall be irrigated, whenever necessary, with reuse water, shall draw from any excess capacity in the Flow Way, or shall continue to draw from the FPFWD canal system as it has been doing to date. d) Regarding Long Term Water Supply Commitments Given the fact that long term consumptive use permits are typically not issued for periods greater than five to ten years for public utility systems, and that no consumptive use permits are issued for 30 years, Chapter (10)(h) and Rules 9J-5.016(3)(c)b and 9J (1)(g)(g) allow local governments to take a phased approach to address the issue of adequate public facilities and services. Consistent with this approach and given the very long build out anticipated for the TVC area, a policy has been added to require that TVC DCA ORC TVC doc 12

13 development be phased so water and wastewater services and facilities necessitated by the development are available concurrent with the impacts of development. Two new policies have been added to guarantee action on the above as follows: Policy : Site Plan Approval Requirements. No site plan approvals shall be awarded unless adequate school capacity exists or is programmed to be available concurrent with the demand. Mitigation is possible for incremental development. Additionally, no site plan approvals shall be awarded unless adequate potable water and sanitary sewer capacity exist or are programmed to be available concurrent with the demand in the North County Area Policy : Phased Development Approach. Development in the TVC Area shall be phased so water and wastewater services and facilities necessitated by the development are available concurrent with its impacts. OBJECTION # 8 The data and analyses do not demonstrate that adequate water facility capacity, and adequate water supplies, exist to meet projected demand. The amendment does not demonstrate in the data and analysis and on the proposed future land use map, that future land use allocations and corresponding projected population in the North St. Lucie area are consistent with the availability or financially feasible public facilities to serve those land uses. The SFWMD stated that Ft. Pierce utilities may not have sufficient permitted capacity to serve existing demand, new demand from the North St. Lucie Area, and other service commitments. SFWMD also stated that the TVC is located in the Upper East Coast regional water supply planning region, which is an area where SFWMD has determined that existing sources of water are not adequate to supply water for all existing and future reasonable-beneficial uses and to sustain the water resources and related natural systems throughout the 2025 planning period. Future land use allocations must be consistent with the availability of financially feasible public services, at adopted level of service standards, to serve those land uses. Recommendation Identify the facility provider(s) for water, sewer and reuse service within the TVC area. Demonstrate that the North St. Lucie Area future land use designations will have adequate water supplies and water facilities, given all other approved land uses and supply commitments. Where necessary, revise the 5-year capital improvements schedule, and address long term planning needs for water and sewer infrastructure. Demonstrate, in the data and analysis, and on the future land use map, that future land use allocations and corresponding projected population in the North St. Lucie Area are consistent with the availability of financially feasible public facilities to serve those land uses. Revise the goals, objectives and policies accordingly to provide for adequate water and sewer facilities, including conservation and reuse facilities, at adopted level of service standards for the allocated land uses and associated population projections. DCA ORC TVC doc 13

14 ACTION/RESPONSE # 8 a) Regarding the Providers of Potable Water and Sanitary Sewer A new policy was included to define FPUA as the Potable Water and Sanitary Sewer provider, as well as identify the surficial aquifer and the Floridan aquifer as secondary and tertiary water supply sources as follows: Policy : Provider of Potable Water and Sanitary Sewer. Within twelve months of adoption of the TVC, the County shall establish an agreement with a competent entity as the provider of Potable Water and Sanitary Sewer. In the event that over time the provider is unable to satisfy the demand of the area, the County shall explore the surficial and intermediate aquifers as sources of potable water. b) Regarding Availability of Financially Feasible Public Facilities to Serve the TVC A policy to ensure adequate and feasible facilities prior to or concurrent with development has been added as follows: Policy : Site Plan Approval Requirements. No site plan approvals shall be awarded unless adequate school capacity exists or is programmed to be available concurrent with the demand. Mitigation is possible for incremental development. Additionally, no site plan approvals shall be awarded unless adequate potable water and sanitary sewer capacity exist or are programmed to be available concurrent with the demand in the North County Area. Objection #9 Objective and Policies through 7 address the Flow Way System. The Fort Pierce Farms Water Control District (FPFWD) covers a substantial portion of the North St. Lucie Area. The data, analyses, goals, objectives and policies do not address how implementation of the Flow Way System will be coordinated with the FPFWD. The amendment does not address coordinating with FPFWD, other entities, and other property owners to create an institutional structure to finance, construct and maintain a surface water and stormwater management system that a) maintains adopted level of service standards; b) is coordinated with other landowners, appropriately connected and not piecemeal; c) is financially feasible; d) is coordinated with the plans of the SFWMD, including the Comprehensive Everglades Restoration Project; and e) increases water quality prior to discharge into the Indian River Lagoon. Recommendation: Revise the data, analyses, goals, objectives and policies to address how implementation of the Flow Way System will be coordinated with the Ft. Pierce Farms Water District (FPFWD). In a set of policy statements, provide specific actions, activities and programs to work with the FPFWD and other property owners to create an institutional structure to finance, construct and maintain a surface water and stormwater management system that a) maintains adopted level of service standards; b) is coordinated with other landowners, appropriately connected and not piecemeal; c) is financially feasible; d) is coordinated with the plans of the SFWMD, including the Comprehensive Everglades Restoration Project; and e) increases water quality prior to discharge into the Indian River Lagoon. DCA ORC TVC doc 14

15 ACTION/RESPONSE # 9 a) Regarding Coordination of the Flow Way System The Flow Way System will be incrementally built as new Towns and Villages are permitted and/or developed. The bulk of the system will therefore be a private-sector initiative. Throughout buildout, the County may find that it is necessary to purchase and or develop certain missing links. Determining the need for those interventions at this stage is premature. Nevertheless, creation of an institutional structure to maintain the system, finance and construct missing links, and coordinate with other entities and property owners is necessary. Chapter 1, page 4 (c) Future Water Control Plan, of the data and analysis describes such a structure. A new policy has been incorporated to the TVC element. Policy : Management and Coordination of the Flow Way System. St. Lucie County will coordinate with SFWMD and FPFWD to create, within six months of adoption of the TVC Element, an institutional structure to facilitate the implementation of a surface water and stormwater management system that a) maintains adopted level of service standards; b) is coordinated with landowners to achieve connectivity over time; c) is financially feasible; d) is coordinated with the plans of the SFWMD, FPFWD and other stakeholder agencies; and e) increases water quality prior to discharge into the Indian River Lagoon. b) Regarding Water Quality Prior to Discharge into the Indian River Lagoon As supported by the Surface Water Management Report & Supporting Documents for the Northeast St. Lucie County Area prepared by LBFH (Exhibit C), the proposed Flow Way System will improve water quality prior to discharge to the Indian River Lagoon for the following reasons: Decreased amount of runoff resulting from increased open space area Storage of a larger amount of rainfall runoff in the water management facilities resulting from the additional water quality treatment volume provided. Properly designed outfall structures for improved utilization of the basins. As a result of these improvements, the countryside basins have the following characteristics, which have been confirmed by the model conducted for this study: Reduced peak flow rates from design storms Increased storage volumes to reduce pollutant discharges Reduction of erosion and sediment transfer to the Indian River lagoon Increased flood protection for existing neighborhoods (Lakewood Park and surrounding corridors) In addition, a recent comprehensive water quality and water resource modeling effort on various development density scenarios conducted by USEPA concluded the following: Higher density scenarios generated less stormwater runoff per house than all other density scenarios tested DCA ORC TVC doc 15

16 For the same amount of development, higher density development produces less runoff and less impervious cover than lower density development For a given amount of growth, lower density development impacts more of the watershed. The above referenced USEPA report is attached as Exhibit I and included in the data and analysis. c) Regarding Coordination with SFWMD TVC was developed in coordination with SFWMD. There is no impact from TVC on the Comprehensive Everglades Restoration Project (CERP) OBJECTION # 10 Proposed Policy refers to workforce housing, which addresses households at 80% to 120% of the area median income. The policy lacks specific and measurable criteria for implementation. Recommendation: Include specific and measurable actions, activities and programs to ensure that the 8% target is met in the TVC area. These actions, activities and programs must address very low, low-, and moderate income housing. These may include implementing a jobshousing balance program, executing an enforceable agreement with a for-profit or a notfor-profit developer (including a Community Housing Development Organization) for the construction of very low, low-, and moderate income housing, establishing fees in lieu of constructing workforce housing, or any other program, or combination of programs which results in the construction of very low, low-, and moderate income housing in the TVC area. ACTION/RESPONSE #10 a) Regarding Actions to ensure that the 8% target is met in the TVC area: The actions, activities and programs to ensure that the 8% target is met in the TVC area are outlined in the Workforce Housing requirements included in the LDRs (attached as Exhibit G). New Towns and Villages, the only form of development that allows an increase beyond current density allocations, must build this requirement as required criteria. To measure the workforce units generated by Towns and Villages, Policy has also been updated as follows: Policy : Workforce Housing. To encourage a broad range of family sizes and incomes, new Towns and Villages shall provide a minimum of eight percent (8%) of the proposed number of residential units as workforce housing. An inventory of workforce housing in the TVC shall be maintained on an annual basis. DCA ORC TVC doc 16

17 b) Regarding addressing very low, low-, and moderate income housing: The Objectives, Goals and Policies described in Chapter 5 of the St. Lucie County Comprehensive Plan address very low, low-, and moderate income housing, and provide a series of actions, activities and programs to ensure the need is met. All Objectives, Goals and Policies described in the St. Lucie County Comprehensive Plan apply to the TVC. OBJECTION # 11 The Support data and analysis does not demonstrate how mobility in the north County Area will be maintained and enhanced through the TVC designation and the TVC element. Furthermore, coordination with other transportation plans and financial feasibility of the proposed roadway network are not sufficiently addressed. Transportation data and analysis indicated that the development in the TVC area will increase by 40,000 units and 2,590,000 square feet of commercial space. This conflicts with other data indicating 37,500 units and 5,000,000 square feet respectively. The proposed roadway network deviates from that identified in the MPO s 2025 LRTP. The proposed amendment introduces new roadway needs which will require coordination between the County, the MPO and FDOT District 4. Recommendation Revise the transportation data and analysis to be consistent with other support data and analyses in the proposed amendment regarding allowable residential and no residential land uses in the North County area. The allowable land uses should address limitations on the availability of potable water and sewer facilities as raised in the Objections above. The proposed roadway network must be consistent with the land uses in the proposed element and coordinated with the County, the MPO, and FDOT District 4, to ensure adequate LOS standards and financial feasibility. The establishment of developer proportionate share options should be considered. ACTION/RESPONSE # 11 a) Regarding data inconsistencies: The transportation data and analysis has been revised to be consistent with other support data and analyses. A copy of the analysis attached as Exhibit A and replaces previous data. A copy of the transportation model for the North County Area is attached as Exhibit B. b) Regarding Coordination with other agencies: The Future Street Network (FSN) proposed for the North County Area in the TVC has been coordinated with the FDOT District 4 and the MPO. The FSN plan, as it exists, has been DCA ORC TVC doc 17

18 incorporated the MPO's 2030 LRTP. St. Lucie County has coordinated with Indian River County in creating this network and consensus has been reached on how it will interconnect with Indian River County s roadway network. c) Regarding Mobility: The TVC requires five additional east west connections, two fly-overs over I-95, a new i-95 Florida Turnpike interchange, completes the existing network by adding missing links, and requires all new roads to be interconnected and public. This will enhance mobility and connectivity in the North County Area. d) Regarding Land-Uses The FSN plan is consistent with the land uses in the proposed TVC Element. The FSN has been specifically modeled and designed to support the build out of the proposed land uses to maintain good mobility and financial feasibility. Figure 3-13 [page 3-35] distributes the land uses in conjunction with the proposed FSN. This will ensure services, jobs and educational facilities within close proximity of residential uses, reducing the length and quantity of trips within the North County Area. e) Regarding Proportionate Share Options A new policy has been added to the proposed TVC Element to address this issue: Policy : Transportation Concurrency. An approved project that meets the requirements of the TVC Element may, at the discretion of the County Commission, satisfy transportation concurrency by paying to St. Lucie County a proportionate fair-share contribution, provided sufficient funds are available to pay for one or more improvements that will benefit the North St. Lucie County Future Street Network. The proportionate fairshare shall be calculated in accordance with the methodology adopted by St. Lucie County. By December 1, 2006, the County shall adopt an ordinance containing the methodology for assessing proportionate fair-share mitigation options. DCA ORC TVC doc 18

19 OBJECTION #12 The data, analyses, goals, objectives and policies do not adequately address minimizing the impacts of septic tanks on the aquifer and Indian River lagoon. DEP s best available data indicate that the proposed amendment area has a high recharge rate to the surficial aquifer. Water quality could deteriorate as a result of any increased intensity of land use and increased non-point source pollutant loading typically associated with development, especially the use of septic systems. Recommendation In a policy or set of policies, specify actions, activities and programs that minimize the use of septic tanks in the proposed amendment area. Require connections to centralized sewer systems in a manner consistent with the adopted comprehensive plan. ACTION/RESPONSE # 12 a) Regarding Minimizing the Impacts of Septic Tanks on the Aquifer and the Indian River Lagoon: Under the County s current comprehensive plan, 22,300 units are entitled under the County s Future land Use Mao (FLUM) on well and septic systems. The TVC only awards an increase in density associated with development in the forms of towns and villages, all of which is required to be on centralized water and sewer systems. The end result of the TVC will be less units on well and septic than is currently allowed. Policy : Urban Services. Proposals to build in accordance with the Goals, Objectives and Policies of the TVC Element and the intent of the approved Special Area Plan shall be eligible to receive urban services even if such developments are located outside the Urban Service Boundary (USB). Providing urban services to such development does not trigger an expansion of the USB. Development outside of the USB that does not meet the requirements of the TVC Element is not eligible to receive urban services, even if such development is proposed in proximity to a service extension that has been provided for another development approved under the TVC. Planned Unit Developments (PUDs) are not exempt from this policy. Parcels that develop in accordance with Policy (5) may also be eligible to receive urban services. Outside of the TVC area, Future Land Use Objective and its policies shall govern the provision of Urban Services. Policy : Options for Development Outside of the Urban Service Boundary. Properties located outside of the Urban Service Boundary (USB) have several options for development in the TVC area: 4. For parcels less than 500 acres in size, utilize the TDR Program to transfer a minimum of 90% of the Transferable Density to an eligible receiving site within the approved Special Area Plan. The property may be subdivided into individual DCA ORC TVC doc 19