Planning Council To Discuss Major Lakeland Development
LAKELAND | Plans for a major warehouse and office complex in one
of the last large, undeveloped tracts on Lakeland’s west side will
come before the Central Florida Regional Planning Council on
Wednesday.
The project, known as Lakeland Central Park, is proposed by Flagler
Development Co. of Jacksonville for a 724-acre tract between Old
Tampa Highway and the Polk Parkway, west of Airport Road.
The hearing will be at 9:30 a.m. on the second floor of the Bartow
Public Library, 2150 S. Broadway Ave.
Flagler purchased the property in 2005 for $9.3 million.
Flagler is seeking phased approval for 5 million square feet of
warehouse space, 650,000 square feet of office, 225,000 square feet
of retail, a 125-room hotel and 300 multi-family units.
However, the development site contains extensive wetlands and the
council’s staff recommendation includes a list of environmental
studies that will be required to verify how intensely the site
actually can be developed.
It is possible those studies could lead to a reduction in the size
of the project, said Brian Sodt, the consultant for the planning
council who prepared the report.
The project has already decreased in intensity since it was first
proposed, according to the report, which said the initial
application was for 5 million square feet of industrial development.
In addition to the environmental limitations, the report outlines
other issues.
One is the recently reported limits on Lakeland’s permitted water
supply. According to the report, the city is unable to supply water
to later phases of the project with its current capacity, which city
officials are attempting to increase.
In addition, city sewer connections are not scheduled to reach the
site until at least 2009 and the staff report is calling for a
longer build-out period for the first phase to reflect that.
Finally, the project’s transportation impacts will require the
developer to make a number of road improvements that include four-laning
a portion of Airport Road, improving several intersections in the
area and mitigating traffic impacts on Old Tampa Highway and New
Tampa Highway.
The Planning Council’s recommendation will go to the Lakeland City
Commission for a hearing.
Court's ruling may end tricky taxing gimmicks
Mike Thomas
COMMENTARY
September 9, 2007
It could derail Orlando's venues plan, cripple school construction, slow growth and put the kibosh on Maitland's planned new downtown.
Here is a simple explanation.
Cities and counties sell bonds to raise money. These are loans to build things such as sewer plants, roads and buildings. The governments must pledge a source of money to pay off the bonds -- such as resort taxes for convention-center bonds.
But the state constitution says voters must give their approval if property taxes are used to secure such debt.
This is a huge pain for politicians, in large part because voters have a history of rejecting spending projects.
And so over the years, counties, cities and school boards have devised ways to get around the requirement.
School districts have been particularly inventive.
They set up nonprofit corporations that technically own the schools. The districts borrow money to build schools, then lease them from the nonprofits. The nonprofits pay off the loan using the lease payments.
In other words, the districts lease buildings from themselves and then pay themselves rent, all to get around the state constitution.
A second scheme used by local governments involves the creation of community redevelopment agencies, or CRAs. These are set up to rehabilitate blighted areas.
The way it works is that new development increases property values in the blighted area. This brings in more tax revenue. Rather than that money going into the general fund, it is invested back in the CRA to encourage more redevelopment.
Downtown Orlando is a CRA. So is downtown Maitland.
Orlando is using its CRA to help build the performing-arts center and renovate the Florida Citrus Bowl. Maitland wants to use its CRA to put in new infrastructure for a massive downtown-redevelopment project.
Last week, the Supreme Court appeared to put an end to such subterfuge. Lawyers are sorting out the ruling, but the court's message is clear: No matter how a government launders property taxes, it can't use them to secure debt without voter approval.
So what happens now?
I have no idea with Maitland. It might need a countywide vote for its downtown project given that the county and city are both involved in the CRA. Good luck with that.
As for Orlando, its best option is to remove all CRA funds from the pile of money being used to build the performing-arts center.
The city then could make up that money with resort taxes that currently are earmarked for the Citrus Bowl renovation.
This protects the performing-arts center. The Magic arena uses no CRA money and is not at risk.
At some later point, the city and county can worry about finding money for the Citrus Bowl renovation if they pursue that boondoggle.
School construction is not so easily solved. Districts use property taxes to build schools for new growth.
They certainly don't want to put their annual construction budgets up for a vote, possibly turning them into referendums on growth.
But what's the alternative, doubling school-impact fees?
Another issue is that state law requires adequate school capacity before new development goes in. This could seriously crimp new growth.
The clot may get so bad that developers kick in more school money, which actually could be a positive.
This will take months to shake out.
But the end result will be a more transparent use of public money. And that always is a good thing.
Mike Thomas can be reached at 407-420-5525 or mthomas@orlandosentinel.com. His blog is OrlandoSentinel.com/mikethomas
Proposal
will allow voters -- not politicians -- to determine city zoning
By Dominick Tao & Mallory
Colliflower
For The Herald
When
factories are built on farmland or coffee houses get built in
residential neighborhoods, those businesses didn't simply pick the
spot and set up shop.
Most likely, local city commissioners gave their approval first.
But with development around the state accelerating faster than some
people would like, an organization that advocates limited growth has
started a petition that would allow residents – not elected city
leaders – to approve or deny zoning changes.
The petition is asking to get land use changes on local ballots across
Fans of limiting development are supporting the amendment, according
to Florida Hometown Democracy, the group proposing the idea.
But city officials in the Crescent Communities said that letting
residents plan growth instead of city commissioners and staff is a
disaster waiting to happen.
“Would they (city residents) vote on every single minor
comprehensive plan change?,” said Alachua Mayor Gib Coerper.
“Would you start voting on them 10 times a year? The devil is in the
details.”
Under
the system in Florida, when a person or company wants to develop land
and make changes to the city’s long-range land use plan, city
commissioners must give initial approval to the project and send the
proposal to Tallahassee for review, said Newberry Mayor John Glanzer.
Glanzer said he understands why the petition is circulating -- because
some citizens feel that developers, not local governments, are running
their cities.
“In some areas of the state, there have been abuses of the system by
developers -- where they bulldoze commissioners with their lawyers and
stuff like that,” he said.
But
he said allowing citizens to take power away from elected officials
defeats the purpose of representative democracy altogether.
He said if locals are unhappy with the way their local leaders are
running things, they should simply vote new leaders into office.
“Like the bumper sticker says: throw the bums out,” he said.
Currently, the petition has about half the required number of
signatures -- 611,009 -- needed to get the amendment on statewide
ballots, according to the Florida Hometown Democracy Website.
Lesley Blackner, an environmental lawyer and representative of Florida
Hometown Democracy, said drastic action is needed in order to stop
what she sees as uncontrolled and irresponsible development taking
place across
“I’ve been in the state since the '60s and in my lifetime the
destruction has been unbelievable,” Blackner said. “We have to
change the politics of growth once and for all to make developers more
accountable for the lives of the people in these communities.”
She said that many local governments can be swayed by developers and
that the good of the people can sometimes be lost in fancy pitches and
the promise of booming business.
“If we can get this to the ballot and get this passed, it is going
to have positive trickle down effects throughout the community,” she
said. “Local government can focus on other more important things.”
Jim Drumm, the city manager of High Springs, said he thinks the
opposite would happen. Direct citizen control over zoning, he said,
would dangerously stagnate growth -- especially in larger cities where
dozens of comprehensive land use plan changes are proposed annually.
“The amount of applications we receive could clog up the elections
process for quite a while,” he said.
Drumm
said if passed, the amendment would likely mean that developers with
the best advertising campaigns -- and not necessarily the best
projects -- would have more sway.
“There are some people who want growth to stop,” he said. “It
seems to be a tool by no-growth groups to get development to stop.”
Gerry Dedenbach, a planner who has represented many major developers
over the past few years, agreed with Drumm that how proposed
developments are presented would change.
“It would be a different type of informational campaign altogether,
where you now focus on the people in the surrounding properties and
not public officials,” Dedenbach said.
Despite the skepticism from local leaders around
“Right now, people don’t know much about many plan changes because
there is no reason to explain things to the public,” she said. “If
the amendment is added to our constitution, developers will have to
explain these changes in plain English and prove that this will be
good for the community.”
Deal
would expand state forest land
Rare
ranch sale also would leave owners acreage to develop
Kevin
Spear
Sentinel
Staff Writer
September
10, 2007
After
120 years of raising cattle on land now treasured by
environmentalists, the Yarborough family is on the verge of selling a
big piece of its ranch in a deal that could preserve much of the
property but open a major piece for development.
If approved Tuesday, the St. Johns River Water Management District
will pay $30 million for 5,040 acres -- nearly 8 square miles -- of
Yarborough ranch land in east
The price was reduced by nearly $15 million because the family will
get to keep valuable development rights. That could lead to homes and
offices on 1,349 acres of ranch the Yarboroughs will still own.
"It's not unprecedented, but it's unusual," said Robert
Christianson, who directs the water authority's efforts to purchase
land. "This is the kind of creative deal I think we'll see more
of."
A similar, though much larger, deal occurred last year in southwest
Florida, where the state paid $350 million to buy and protect 74,000
acres of Babcock Ranch. While stunning just for its size, the deal
drew attention and controversy because it also paved the way for a
developer to build nearly 20,000 homes in corners of the ranch not
bought by the state.
Such attempts at land conservation, where the larger portion of a
tract is protected and the smaller portion is developed, are widely
expected to gain momentum in coming years.
In large part, that's because the state Department of Environmental
Protection has spent or committed nearly all of its remaining $300
million in Florida Forever program money for land purchases. That pool
of money has been key in securing major land deals.
Gov. Charlie Crist and the state Cabinet recently told the Department
of Environmental Protection to find other ways to acquire land.
Possibilities so far talked about within the DEP include land
exchanges, donations and help from private and federal partners -- but
not new sources of money.
"Everybody is trying very hard to do land conservation at a time
when there's no money," said George Willson, a consultant who
works with landowners and environmental groups in deals similar to
what the Yarboroughs are considering. "I think the concept is
something you'll see a whole lot more while we don't have any Florida
Forever money."
In a more ideal world for the Yarboroughs, the deal never would have
taken shape.
Two brothers, ranch hands nearly since the age of diapers, grew up
expecting to inherit and then pass on to their children a ranch where
the
There, the
In 1990, Ed Yarborough, father of the two brothers, told the Orlando
Sentinel that the ranch would stay in family hands.
"I haven't got 1 inch of land for sale," said the father,
who died in 2000 at age 69.
At the ranch last week, his sons took a few moments to respond when
asked what they will miss most.
"That's a hard call," said J.W., 42, looking down.
"Just not owning it," said Bo, 46, who then walked away.
For all the acres owned by the Yarboroughs, raising calves for the
beef industry has brought in enough cash to pay family expenses and
for ranch operations but little more.
When their father died, inheritance taxes were bad enough. Since then,
the value of the land -- and for most property in
That is not expected anytime soon. She has a stronger voice and a
firmer handshake grip than her burly sons.
"That's everyday talk for us," she said. "Not to be
morbid, but that's just a way of life, talking about inheritance
taxes."
The family takes pride in stewardship of the land, which teems with
massive snapping turtles, swallowtail kites, black bears and other
wildlife.
From wisdom gathered by each generation, the family has learned to
live according to the land. In particular, the Yarboroughs understand
the fine balance of managing herds large enough to earn income but
small enough to withstand the droughts and floods that come every few
years.
They worry that the ranch will suffer under public ownership because
the state has too few people and not enough cash to manage all the
land it now owns. The nearby Little Big Econ State Forest is set to
expand from a current 5,048 acres to nearly 20,000 acres with the
addition of Yarborough land and two large tracts to the south.
Yet the deal pitched by the water authority puts the Yarboroughs in
the odd position of deciding whether to add to the suburban sprawl
that has paved so much of eastern Seminole near their ranch.
With the transfer of development rights provided by the deal, the
Yarboroughs could be entitled to build as many as 300 homes on the
1,349 acres they will continue to own.
The Yarboroughs said they will continue ranching for the time being
and do not know when or whether they will use the development rights.
Bo Yarborough pondered that possibility for a moment as he sliced a
palmetto frond with a razor-sharp pocketknife.
"You'd be a fool if you didn't consider that option," he
said.
Kevin Spear can be reached at
kspearr@orlandosentinel.com or 407-420-5062.
Volusia
working on tighter subdivision rules
By
JAMES MILLER
Staff Writer
Tightening
county rules for rural development seems like a pretty good idea to
Michael Uglione.
As
a resident of one of
"They
should have tightened up 10 years ago," said Uglione, a 13-year
resident of the unincorporated West Highlands subdivision near
He
might not get much argument -- on his first point, at least -- from
county officials.
Staff
members plan later this year to present the County Council with a
palette of options for making sure rural development isn't so
unhindered by regulation that roads and homes are easily flooded and
inaccessible to emergency vehicles.
New
rules could be enacted early next year.
"I
think we've convinced the staff that the world is changing, this
council wants to take action to solve some problems that have been
sitting out there for a long time," County Manager Jim Dinneen
told council members at a recent meeting.
Officials
at the time exempted existing subdivisions that met certain standards,
such as having roads accessible to ordinary passenger vehicles.
Often,
as was generally the case in
In
those two subdivisions, as new homes went up years later, many roads
became almost impassable to emergency vehicles.
Vehicles
also sometimes became lost in a labyrinth of dirt roads without signs.
Last
year, after two highly contentious hearings, the council slapped a
special assessment on property owners in the
The
work is about 60 percent to 70 percent done, county officials say, and
a moratorium on new construction in the subdivisions ended Friday.
Uglione
thinks the county could have come up with a less costly fix -- the
current estimate is about $2.4 million minus long-term maintenance.
But,
yes, tightening the rules could save someone else the money and worry.
One
possibility for handling those situations is to "sunset"
existing development rights, said Deputy County Attorney Jamie Seaman.
If, after a certain period of time, property owners haven't built,
they would no longer be exempted.
Jereme
Brown, a 10-year
The
strategy could trigger a building rush that would exacerbate the
problems, Brown said.
At
the same time, like Uglione, Brown said the county could have moved
earlier to address problems in West Highlands.
Now
that the council has moved to upgrade roads and put in signage,
residents worry not only about the initial assessment but also about
long-term maintenance costs. Brown hopes something can be done to
offset maintenance costs for residents, including perhaps capping
them.
County
officials say they're optimistic those costs will be less than
originally predicted.
But
the West Highlands-type of development is not the only type officials
hope to address.
Also
under the microscope are county rules -- or lack thereof -- for
subdividing parcels into lots of 2 1/2 acres or larger.
If
a property owner proves a lot is 2 1/2 acres or larger there are
basically no standards for things like roads and storm water. The only
review comes before building permits are issued.
The
council could consider establishing different levels of review based
on the size of the subdivision so that, for example, subdivision into
10-acre lots would be subject to less scrutiny than subdivision into 2
1/2 acre lots.
"We've
got to sunset the ones that are substandard," Seaman said.
"And we've got to start regulating the ones that aren't
regulated."
Small
produce, livestock farms find a niche
BY MARIA SONNENBERG
FOR
Tucked
into the nooks and crannies of
They
raise livestock and grow produce. Nobody gets rich. It's more vocation
than job.
These
local growers hope to ride the wave of the local foods movement that
has so piqued consumer interest.
"We're
trying to promote local growers, because we definitely believe there
is a market," said Kari Ruder, owner of Naturewise Nursery in
The
Eco-Growers Yahoo group promotes local agriculture and aims to raise
consumer awareness of opportunities to buy locally grown goods, like
the eggs you can find at Funky Chicken Farm in
Drive
west on
"Suzanne
has lived here on the property all of her life," Malone said.
"A lot of our drive comes from her upbringing."
The
couple practices "pasture poultry," using movable poultry
houses and pens to rotate their flock of a hundred chickens, ducks and
guineas to greener pastures in the property.
Their
contented Rhode Island Reds, Americanas and White Leghorns are polar
opposites from the chickens you might find stuffed into factory farm
pens.
Funky
Chicken chickens live the true
Their
eggs look and taste like nothing you will find in a store.
People
who have tried the brown, chocolate, white and green eggs rave about
their taste.
Retail
demand
"You
forget what a fresh egg tastes like until you try these," said
Alice Covington of One Tomato Two Tomato produce market in downtown
Business
partner Dona Grigsby would love to buy from local growers like Malone,
but finds that local growers' output is dependent on too many
variables to consistently meet the demands of retailers.
"I'd
love to have homegrown produce," Grigsby said. "I think the
customers would pay for it. People ask for locally grown stuff all the
time."
Malone
wouldn't mind selling to retailers, but his word-of-mouth customers
pretty much eat whatever he can supply.
While
the extra income the farm provides is nice, it's by no means the
reason he tends to a hundred chickens.
Farming
provides him with a comforting link to the past.
"It
comes from a sense that is basic to us all, whether you're producing
blueberries or goat's milk or tomatoes," Malone said.
"People want to stay in touch with their heritage."
Proof
that local produce is "in" comes from supermarket chains
like Publix, which have jumped on the local-food bandwagon by touting
"fresh from
Choosing
the bird
But
Florida-grown can't compete with Brevard growers like Ruder and
Malone, who allow consumers to get even more up close and personal to
the food source.
At
Funky Chicken or at the Adkins Family Farm in Valkaria, customers can
even choose the specific bird they would like to cook.
For
a fee, Marcie Kinney Adkins will even demonstrate the fine points of
butchering a chicken or a turkey.
The
Indialantic native with a Ph.D. in economics is not your typical
farmer.
"The
thought of butchering chickens used to give me the
heebie-jeebies," she said.
She
worked through that mental block after years of paying top dollars for
free-range chickens at local organic markets so, now, for $25, she
will show customers how to do the deed.
In
addition to poultry and eggs, Adkins raises beef cattle and with the
purchase of a
"We
are a family farm, so that means we aren't into big production,"
she said. "We try to raise the best-quality food for our family
and sell the surplus."
She
usually sends one cow a year to a U.S. Department of
Agriculture-approved butcher in
"
Instead,
customers pool their resources to buy a piece of the cow, usually a
quarter, while the animal is still alive.
"It's
sort of cow-sharing," Adkins said.
Her
new $1,200
"There
is a huge demand for raw milk and only three dairies in
By
offering up the simple bounty of the earth, Adkins and other local
growers appeal to consumers eager to return to a time when land had
not been gentrified by development.
Christine
Crawford grows blueberries in Brevard in neat little rows of pots that
keep weeds at bay. Next April, when the sweet, juicy berries are ripe,
she will sell them at $10 a pound.
Her
family owns the 100-acre, citrus-growing Errorhead Farm near
Brandywine Estates in
Like
children, blueberries are labor-intensive and need several years to
realize their full potential, but keeping Brevard's agricultural
tradition alive is worth the extra effort to farmers like Crawford.
"It's
important to realize the potential for local food," Crawford
said. "Personally, I would like to have a one-on-one relationship
with the people who are feeding me."
Audit
Troubled Water Agency
The
Published:
September 10, 2007
What
appears to be happening with the cracks in the reservoir might not be
due to sinkholes, but could it be a result of questionable quality of
the soil cement that was used to construct the base? Why was $500,000
put in Tampa Bay Water's budget last year for 'maintenance' for the
reservoir? Did someone know this was coming? Isn't taking $200,000 to
'fix' the reservoir going to diminish the regular maintenance money?
Are these inflated costs or was there prior knowledge of defects? What
is going on?
The
biggest question: After almost 10 years since Tampa Bay Water was
formed, why do we not have any of the three major alternative water
projects performing as promised?
•
We're still waiting for the desal plant to come on line and spending
millions doing so.
•
The reservoir, and rain and drought - didn't anyone figure this into
the equation when designing this? A year ago, this reservoir was not
able to distribute its water below a certain point without pumping the
water, which was not part of the original design. The pumps have since
been retrofitted. Now we discover (just when these cracks originally
appeared December of 2006) there are major cracks in this brand new
facility.
•The
65 mgd (million gallons per day) Water Treatment Facility has not been
able to produce more than 45-50 mgd average. Why?
We
need this water. All of our local and regional water plans for future
development of Hillsborough, Pinellas and
So,
we've got the growth, but we're not keeping up with the water. We will
be forced to increase groundwater pumping again. There go the wetlands
and lakes.
We
believe it is time for an independent performance audit of Tampa Bay
Water. They do their own. We need to ask
Denise
Layne is the executive director of the Coalition 4 Responsible Growth,
Inc.
Utilities
haggle over Ocklawaha water
Companies
meet to discuss interest in pumping river
BY FRED HIERS
STAR-BANNER
Nearly
20 utilities were at the meeting, along with
St. Johns Water Management District representatives, who called for
the meeting of 18 municipal utilities Friday, told them they would
next week send e-mails to everyone who attended the meeting asking how
much water they need. They will use that data to start determining
costs and design.
"We're going to draw a line in the sand," said St. Johns
River Management District consultant Jerry Salsano, adding that those
who respond with the information will be part of the Ocklawaha group.
And for those who do not respond, "we'll know who's out," he
said.
The Ocklawaha project is estimated to cost $500 million and could mean
withdrawing about 70 million gallons of water daily from the river
around State Road 40 when the Ocklawaha's flow is large enough.
The utilities that respond to Salsano's e-mails next week will start
paying next year for other consultants to do preliminary cost and
environmental studies, costing about $5 million.
Marion County Commission Chairman Stan McClain said Friday he wanted
communities eyeing Ocklawaha water to first control their own growth
and water consumption. He said
"We cannot in good conscience ask our citizens to make both
financial and quality of life sacrifices while our historic and
treasured
But after the meeting, which was held at the Marion County Health
Department, McClain told the Star-Banner his request likely fell on
deaf ears and it would be fruitless to try and stop other
municipalities from dipping into the Ocklawaha.
"We can't not participate [with the group]," he said.
"That train is running pretty hard and I'm not Superman."
Unlike groundwater, which local communities have control over, surface
water is state property and all municipalities have equal access to
it.
There is a growing frenzy to find alternative water sources, because
last year area water districts decided water allocation levels would
not increase after 2013 for central
But central
McClain said he will ask the central
The exact amount of water the proposed Ocklawaha plant will withdraw
is unknown because researchers have yet to determine the maximum daily
flow of the river, which determines how much can be siphoned out. That
information won't be available until 2009. The plan is to withdraw
water only when there is sufficient water in the river, not during
droughts.
The utility group will meet again Oct. 15 in
Environmentalist Guy Marwick, president of the local Silver River
Basin Works, said at the meeting that the utility group should look
for long-term water solutions instead of running to the Ocklawaha.
"All you're doing is perpetuating a problem that started in
Fred Hiers may be reached at fred.hiers@starbanner.com
and 352-8657
SRWMD
board schedules first budget hearing
Saturday, September 8, 2007 10:30 PM EDT
Staff
Reports
LIVE OAK - The Suwannee River Water Management District governing
board will conduct its first public hearing on the fiscal year 2007-08
budget 5:30 p.m. Tuesday,
following its regular monthly board meeting.
The meeting will be held at a special time, beginning at 3 p.m. and
the meetings will be held at the district office in Live Oak.
A final public hearing on the budget will be held at 5:30 p.m. on
Tuesday, Sept. 25 in Live Oak.
The proposed FY 2007-08 budget calls for a tax rollback rate of 0.4399
mills, or about 44 cents per $1,000 of assessed property value. This
is a three-percent decrease from last year's rate of 0.4914 mills.
Prior to this year, the millage had remained at 0.4914 mills since FY
1993. The total proposed budget is $81.9 million.
Program and service delivery highlights include:
n Assistance to communities for alternative water supply development;
n Stormwater management;
n Water supply development and protection
n Wastewater management and water resource restoration efforts;
n Updating and automating digital Flood Insurance Rate Maps through
funding provided by the Federal Emergency Management Agency; and
n Updating and enhancing the District's information technology
facilities and tools, including the District Web site.
NSB
council faces decision on condominium lawsuit
By
MELANIE STAWICKI AZAM
Staff Writer
NEW
According
to the settlement documents, city officials would allow for a maximum
of nine condo units on Jordan Development LLC's property at 3619 and
A
Circuit Court ruled in favor of
In
other business,
The
commission will also take a final vote on adopting the state building
code and transferring registration of contractors and subcontractors
from the city to
"(It'll)
make it substantially easier for them-one stop shopping," said
chief building official Rick McFadden.
The
commission will also consider:
·
Final approval of reducing the minimum size requirements for planned
unit developments. Residential and mixed-use planned unit development
projects now must be at least 5 acres, while others have to be at
least 2 acres. The new size requirements would make it 2 acres for
residential and 0.75 acres for all others.
·
Establishing a policy for appointment of city board members.
·
Approval of paying $53,686 to the Water Authority of Volusia for the
fiscal year 2006-2007 assessment.
The
commission meets at 7 p.m. on the third floor of the Utilities
Commission,
melanie.stawicki@news-jrnl.com
Millions
being spent to flatten hilly highway
By
Jessica Ponn
For The Herald
The
Lake City-based company Anderson Columbia has begun working on an
11-mile section of U.S. 129, marking the start of a year-long
resurfacing project in and around the city of
For
years, the highway’s hilly terrain has reduced visibility, posing a
hazard to drivers, said Chip Skinner, the Florida Department of
Transportation project spokesman.
Some
drivers pass other vehicles in no-passing zones, Skinner said, which
has caused at least one fatal accident in recent years.
“Now
when they come over the hills, they’re not going to get any
surprises,” Skinner said.
The
hills will be lowered between 1.5 and 3 feet throughout the 11-mile
stretch.
Workers
will use a tool called a milling machine to grind asphalt and limerock
on the peak areas, then recycle the limerock by dumping it into the
hill’s troughs or low points.
Finally,
they will repave the road with new asphalt.
Before
they could begin flattening the road, workers had to make sure
vehicles could travel on U.S. 129 during construction. They laid new
pavement on the southbound lanes, widening the road so vehicles can
now travel in both directions while workers tear up the northbound
lane.
The
speed limit has been reduced to 30 mph.
When
they finish flattening the northbound lanes, workers will re-open them
and begin construction on the southbound lanes.
In
addition to leveling the hills, workers will add turn lanes at County
Road 340 and C.R. 138, will add a 5-foot concrete sidewalk on the east
side of the road and will replace existing drainage pipes to meet
current standards.
As
of Tuesday, the project was slightly behind schedule due to heavy
rainfall, Skinner said, but workers will soon make up for lost time.
Utilities
are planning ahead to meet the demands of growth
Mark
Pino
Sentinel
Staff Writer
September
10, 2007
Flip
a switch and the lights turn on. Push a button and the computer boots
up.
We take power for granted. But utilities across the region are
juggling the growing demand for power and how to provide it.
The trick is to stay one step ahead of where new developments are
headed, and that's not always easy.
"You have to be looking pretty far into the future to look at
what you need to get in place in time to serve the load. Planning is a
major part of the process," said Mike Simpson, who is in charge
of planning for the Kissimmee Utility Authority, which has one
substation under construction and two more on the drawing boards.
Substations -- one of the most costly parts of a power-distribution
system -- are a key link, stepping down high voltage from transmission
and feeder lines for use in homes and businesses.
Finding cheap land to build a substation -- and figuring out which
land to buy before an area's development takes off -- is a challenge,
officials said.
The number of Orlando Utilities Commission customers has been growing
an average of 2 percent a year, but in the area around
The utility is upgrading its systems in the
"We built a substation and expanded a couple of feeders in
expectation," he said.
"We design infrastructure for the future.We don't wait until it
becomes a problem."
Another substation and upgrades to transmission lines are in the works
to meet power demands in the area, which includes the booming
Judging where and when to build requires accuracy because a mistake
can be costly.
KUA is spending $6.6 million for transmission lines to the $18 million
substation it began building on
Strains on system
The most important expansions for utility companies to consider are
commercial ones because commercial users place a higher load on the
system compared to homes.
For example,
In
KUA is projecting about a 3.8 percent average annual growth rate for
its distribution system during the next five years.
Those large developments will help swell Osceola's population from
235,000 to 550,000 by 2025. The power will come from OUC, KUA and
Progress Energy
"They stay pretty close to us," Bob Whidden, a planner
involved in the projects, said of utility officials.
He said one of the projects is scheduled to get two substations.
Progress Energy has about 750,000 customers in six
"We're staying in touch with political, business and civic
leaders to stay ahead or keep up. We do our best to forecast where the
growth trends are occurring," Drake said.
During the next five years, Progress expects to add nine substations
-- two each in Polk, Lake and Osceola counties, and others in
When OUC learns about plans for a subdivision, an analysis begins on
the type and size of homes.
Five years ago, OUC had 30 substations; in five years it will have 37,
Knibbs said.
OUC, Progress and KUA are part of the nation's power grid. Planning is
required by state and federal regulators to prevent massive power
interruptions such as the ones that hit the entire Northeast in 1965,
Utilities coordinate
At any time, power can flow in either direction through the grid,
meaning that utilities share power over great distances.
For instance, KUA could send power to OUC or receive power, depending
on which utility has the highest demand. More commonly, power that
Progress Energy generates in
"That's why when you talk about the power grid, that's what it is
-- [electricity] can flow in a multitude of directions," Simpson
said.
Power officials say sophisticated modeling monitors how the electric
grid is functioning and helps them see where demands are increasing so
they can avoid system problems.
But while the utilities are constantly planning for demand sparked by
growth, they are also trying to educate users on ways to use less
power -- something vital as
Mark Pino can be reached at mpino@orlandosentinel.com
or 407-931-593
County
weighs resolution on climate change
Stone
notes warming is still disputed by some scientists
BY CHRISTOPHER CURRY
STAR-BANNER
Now
the Marion County Commission may enter the fray on global warming and
greenhouse gas emissions. At Tuesday's meeting, Commissioner Andy
Kesselring asked the board to support a resolution calling for the
reduction of greenhouse gas emissions. It noted that the world's
"leading scientists" have concluded those greenhouse gases
are one cause of climate change and global warming, which in turn has
led to extreme weather events such as droughts and floods.
The county's proposed resolution was modeled on a campaign started by
the National Association of Counties to fight global warming. The
national campaign cites research by the National Academy of Sciences
that the earth's temperature is rising at an accelerated rate as the
burning of fossil fuels and use of coal-burning power plants has
increased.
Typically,
the
"There are scientists who say greenhouse gases are creating
global warming and there are scientists who disagree," Stone
said. "So you don't have a scientific fact . . . I have a concern
about calling it a scientific fact, when I don't feel it's been proven
a scientific fact."
He also questioned whether some of the goals in the resolution - such
as working for an 80 percent reduction of current emission levels by
2050 - were realistic.
Stone owns a wholesale petroleum company. Many in the scientific
community who study global warming believe the carbon dioxide released
by the burning of petroleum and other fossil fuels has fueled climate
change.
Stone said his concerns with the resolution are not related to his
business.
"That never really dawned on me until you mentioned that,"
he said. "I never thought that would affect our industry. If it
did, I would live with it . . . My industry, the petroleum industry,
is not necessarily opposed to emissions controls, they do what the law
requires."
Kesselring said he's not looking to create harsh regulations.
"I think what it does is commit us to do better," he said.
"There's no draconian guidelines in there. It says let's take a
look at our procedures and how we can get better . . . I would hope
that we would unanimously support this."
Kesselring said the idea is for the county government to buy hybrid
cars for the fleet that would burn less fuel, or start constructing
"green buildings," which use less electricity, and use
recyclable materials in new building construction.
The National Association of Counties plans to hold a climate
protection conference in Washington Sept. 20-21, spokesman Jim
Phillips said. Phillips said counties working to reduce carbon dioxide
and greenhouse gas emissions will share information on their programs
at the event.
Christopher Curry may be reached
at chris.curry@starbanner.com
or 867-4115
Lobbyist,
engineer mired in scandal
A
Costa Rica land deal is at the center of an unfolding
conflict-of-interest scandal in Palm Beach County.
Posted
on Mon, Sep. 10, 2007
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BY
TOM DUBOCQ
The
Palm Beach Post
Powerhouse
lobbyist Hugo Unruh and consulting engineer Dan Shalloway together
have invested thousands of dollars in a Costa Rica cattle ranch, a
business tie that Unruh never declared when he steered a lucrative
government contract to a partnership that included Shalloway and
former Palm Beach County Commissioner Warren Newell.
Unruh,
as an elected supervisor of the Northern Palm Beach County Improvement
District, didn't publicly disclose the Costa Rica connection when he
voted in February 2002 for the district to hire the partnership, SFRN,
as the district's consulting engineer, district records show. In
January and February, he voted twice to extend its contract another
five years without declaring the link.
Now
that a corruption scandal has scorched SFRN and dispatched Newell from
office and the partnership, Unruh has declared that he will abstain
from even discussing the termination of SFRN's contract. He said he
doesn't plan to attend the meeting Wednesday when the board will vote
on whether to cancel the contract.
In
announcing his abstention at an Aug. 22 board meeting, Unruh cited
another potential conflict, again not disclosing the ranch. Unruh said
he isn't sure the real estate holding represents a conflict. He
described it as a ''passive'' investment in which he and Shalloway
hold a combined 4 percent share of a corporation that owns the
900-acre ranch in Costa Rica's lush interior.
''To
be honest, I don't know,'' Unruh said when asked about a conflict of
interest. ``I have to check with my attorney.''
Shalloway,
who has since left SFRN, wouldn't comment. Unruh and an SFRN spokesman
said Unruh never has worked for the company.
Established
in 1959, the improvement district levies property taxes in northern
Palm Beach County to build and maintain roads and drainage systems.
Its engineer also reviews development plans. Under Florida ethics law,
board members of such districts are required to declare conflicts of
interests when votes will provide a ''special private gain'' to
business associates, including mutual corporate shareholders and
co-owners of property.
Unlike
elected city and county officials, they are not required to abstain
from voting but still must file a disclosure form detailing the
conflict.
`IT'S
COMPLICATED'
Unruh
has asked Kenneth Edwards, the district's attorney, for an opinion on
his real estate investment with Shalloway. Edwards said it's
complicated.
''We
are currently reviewing the applicable statutes and opinions to
determine if this is something that has to be disclosed,'' the lawyer
said.
Failing
to disclose conflicts of interest fully got Newell in trouble with
public corruption prosecutors. He is scheduled to plead guilty Tuesday
to a federal conspiracy charge, in part for failing to declare his
interest in commission votes that benefited him and his business
associates.
Shalloway
assisted Newell, prosecutors allege, by funneling Newell's profits
through SFRN and fabricating company invoices to hide the money.
Shalloway has not been charged but was pressured to resign from SFRN.
Unruh
said his relationship with Shalloway was significantly different --
that nothing nefarious is involved.
Unruh,
who turns 55 this week, is considered a go-to lobbyist for winning
county commission votes. He is one of the more colorful fringe members
of the county's power elite: a former West Palm Beach police officer,
one-time assistant to former Democratic U.S. Rep. Dan Mica, and the
brother-in-law of state Sen. Jeff Atwater, R-North Palm Beach.
Among
Unruh's past clients: Palm Beach Aggregates, a western county mining
and development firm that figured in the corruption cases against both
Newell and former Commission Chairman Tony Masilotti, now serving a
five-year prison sentence.
Shalloway
also was a consultant for Palm Beach Aggregates. Unruh said he and
Shalloway worked separately on different development projects. The
lobbyist said federal authorities never have quizzed him about his
role with the company.
Since
Unruh's election to the Northern Improvement District in 2001, he has
filed nine conflict-of-interest forms, more than any other supervisor.
Most of them concern his lobbying clients.
He
filed one on Feb. 20, 2002, when the board ranked SFRN, in a 3-to-2
vote, as the top contender for replacing Mock Roos & Associates,
the district's consulting engineer for more than 40 years.
Unruh,
who voted with the majority, said he wanted a change because Mock Roos
had a virtual monopoly on the district's engineering jobs.
Before
voting for SFRN in 2002, Unruh disclosed that he, Shalloway and
another partner had a corporation that owned a fishing boat together,
the Hidden Agenda.
COSTA
RICAN INTEREST
State
records show Unruh dropped out of the boat partnership in 2005. But he
and other investors in the Costa Rica land venture confirmed that,
since 1993, Unruh and Shalloway have had an interest in Brelutz S.A.,
a holding company that owns 900 acres in Guanacaste Province, Costa
Rican real estate records show.
The
property borders Lake Arenal, where eco-tourism is fueling a real
estate boom.
''It's
a beautiful piece of property,'' said Sandra Franz, a Broward County
investor who owns 41 percent of the company. ``It's never been
developed. We lease it to local ranchers. It's not even a break-even
thing. It's a long-term investment.''
Costa
Rica's national registry reflects that Brelutz was acquired in 1993 by
a group of South Floridians that included Franz's late husband.
Its
president is George Platt, a lawyer and lobbyist who was on the
Broward County Commission.
Investors
include former Arvida Corp. Chairman Roger Hall, now president of
Hallmark Group, a Boca Raton company developing a high-end resort on
Costa Rica's Pacific coast.
Another
is Leonard Mecca, whose family owns Mecca Farms, the company that sold
1,900 acres to Palm Beach County for a biotech park that was blocked
in the courts.
They
see no rush to link to sewers
THEY
are installed JEA has finished sewer lines in several neighborhoods
where septic was the norm. FEW SIGNED ON Many homeowners sought -and
got - deferrals that let them keep septic for now.
By
David Bauerlein, The Times-Union
Midway
through an $87 million extension of sewer service into Jacksonville
neighborhoods, most homeowners have been in no hurry to ditch their
septic tanks.
About
55 percent of the property-owners in four Jacksonville neighborhoods -
Pernecia, Glynnlea, Murray Hill and Lake Forest - are sticking with
septic, even though the city has built sewer lines along their
streets, according to JEA.
The
neighborhoods are among the six areas within the city in which the
Better Jacksonville Plan is building sewer lines. When all the work is
done in 2010, about 5,400 homeowners will be able to use JEA sewer
service.
The
large percentage of property-owners who haven't connected to available
sewer lines means homebuyers should put the septic system on their
"buyer beware" checklist, according to real estate agents.
In
the first year after sewer service becomes available, the city lets
property owners apply for a deferral so they didn't have to connect
with city sewer right away.
The
deferral depends on the Duval County Health Department determining the
septic system is in good working order. But that deferral ends when
the septic system needs repairs or there is a change in property
ownership, according to the city. At that point, the city mandates
connection to the sewer line.
The
tab for running pipe from the home to the sewer line can range from
$3,000 to $9,000, according to city officials.
"If
you're interested in moving into one of those areas, that's definitely
something that you need to research and make sure the owner has done
all the paperwork, or the buyer could end up holding the bag,"
said Terri Cornell of Watson Realty.
Keith
Waldrip, also of Watson Realty, said buyers should figure out what the
connection cost will be ahead of time and include it in negotiations
with the seller.
The
city files the deferment paperwork at the County Courthouse, so a
title search will find that document. Cornell said even if the title
search doesn't turn up a deferral, it might be a case where the
homeowner never applied for a deferral. The buyer still could end up
on the hook for the sewer connection expense.
Charles
Davis, who lives in the Murray Hill area, called City Hall last week
to complain that a house near him on Wheeler Avenue was repossessed by
a bank, but the bank didn't connect the house to a sewer. The bank
later sold the home to a new owner, and it still isn't on city sewer.
"It
seems like there's some skullduggery going on here," said Davis,
who paid several thousands dollars to connect his home to city sewer.
City
spokeswoman Kristen Key said the bank repossessed the home during the
first year sewer lines were available. The city then gave the bank a
year to connect with city sewer or apply for a deferral. When that
deadline came up, the bank asked for a couple of more months, which
the city granted. The bank then sold the home to a family, which asked
city officials before the sale about the situation with the septic
tank.
Key
said the city has given the new homeowner a year from their date of
purchase to connect with sewer or seek a deferment.
Key
said staff members will meet with city lawyers about how to close that
"loophole" because it could result in a home being sold and
re-sold over a period of years without ever getting connected to sewer
or even getting a septic tank inspection.
Jacksonville's
deferral policy contrasts with St. Johns County, which mandates
property owners connect with sewer lines within one year of them
becoming available.
Last
month, the county sent out letters to Ponte Vedra Municipal Service
District residents, reminding them the deadline passed in December
after sewer lines were provided to about 675 homes.
"I
haven't had anyone dig in their heels," he said.
But
the county did file a case against the owner of a vacant
david.bauerlein@jacksonville.com,
(904) 359-4581
4,800 acres to sprout homes
Commissioners will vote on a master plan and three subdivisions.
By DAN DeWITT, Times Staff Writer
Published September 10, 2007
RIDGE MANOR WEST - Nearly 20 years ago, the County Commission created a 4,800-acre "blank slate" near State Road 50 and Interstate 75.
Now, the commission is ready to fill it.
Commissioners will vote Wednesday on a master plan to provide roads and other services for this vast district, designated for future development in 1989 but still mostly covered with pines and pasture.
Also coming before the commission are proposals for three subdivisions in the district, including Sunrise, with 4,800 houses and apartments, potentially the county's largest residential project since Royal Highlands in northwest Hernando 35 years ago.
The master plan maps out how the county will provide schools, roads, parks and other services for the 24,000 residents expected to live in the district. Most developers will be required to kick in extra money for these services because of the higher costs of building them from scratch.
But the plan could have done more than just address basic public needs, said Joe Murphy, conservation chairman of the Hernando Audubon Society. It could have created a real city -- "a 21st century community," he said -- rather than making way for a collection of subdivisions, shopping centers and scattered industrial sites.
"It doesn't get any better than that -- having a big chunk of land, not that many landowners, and years to plan it," Murphy said. "This was a tremendous missed opportunity."
---
County planning director Ron Pianta said the County Commission gave him a much narrower job than what Murphy would like to see. In July of last year, the commission approved plans submitted by Cornerstone Communities of Clearwater and Metro Development Group of Tampa to build two subdivisions each in the development district.
Before they could start, though, the commission told them to work with other landowners on a master plan for the district, including owners of the Sunrise property: Brooksville banker Jim Kimbrough, retired mining engineer Tommy Bronson, real estate broker Robert Buckner and businessman Hale McKethan. Plans for their project include a golf course, shopping center and hotel.
Sunrise lawyer Joel Tew represented all three development groups in negotiations with the county, and the development companies' traffic consultants and engineers -- including Coastal Engineering Associates of Brooksville -- wrote the plan.
"Is this a master plan in the truest sense? Maybe not," Pianta said. "But I think the issue the county was most concerned about is the infrastructure and who would pay for it."
That will be addressed in a stack of documents the commission will consider: the master plan for the district; development agreements for Sunrise as well as Cornerstone's two developments, which include a total of 1,149 houses and apartments; and a separate ordinance that allows the county to charge higher impact fees for buildings in the development district.
Though new to Hernando, the impact fee surcharges have been used in other Florida counties to cover the added costs of creating a new network of government services, Pianta said.
Build a home in the district, and you pay a premium, depending on the extra cost of various services. School impact fees will be 10 percent greater than in the rest of the county, parks 60 percent higher and roads 50 percent higher; altogether, the surcharges could add $2,603 to the $9,211 impact fee the county charges for a new house.
According to Sunrise's development agreement, it will pay the higher fees for parks and schools, as well as donating 20 acres for a park site and setting aside 50 acres on Kettering Road for a school. If the county builds a school there, it will cut the value of the property from the amount of school impact fees Sunrise must pay.
Paying for roads
But the most expensive surcharge, $1,813 per house, is designated for road construction. And Sunrise, like Cornerstone, will be exempt from that higher fee because it has agreed to build more than $21-million in road projects, all within two years of the start of construction, according to Sunrise's development agreement. The work includes widening SR 50 between I-75 and Kettering Road and building a north-south collector road through the project.
About $16.1-million of the work will benefit surrounding residents, not just those in Sunrise, and will therefore be eligible for impact fee credits.
The county wanted to encourage Sunrise to pay for the work upfront rather than with impact fees that trickle in over the life of the project, Pianta said, explaining why he allowed Sunrise the exemption from the surcharge.
Also, he said, Sunrise has agreed to donate nearly $3-million in right of way for roads in the development district, which will not be deducted from its impact fees. Finally, the widening of SR 50 is crucial to improve traffic flow in eastern Hernando, he said, and the county was willing to concede charging the higher impact fee to get it done.
"We made a value judgment that that project was very important to us," Pianta said.
The commission will ultimately decide whether the trade-off is worth it, commission Chairman Jeff Stabins said. Though he had not seen the development agreement or the master plan when he was interviewed last week, he said one of his concerns is whether the county will require Sunrise to pay its fair share for road improvements.
"Developers need to step up and do more than they ever have before," he said, and approval is "not a slam dunk by any means."
Creating urban core
Murphy thinks the master plan probably is a slam dunk. But in a letter to commissioners last week, he asked to delay its passage to allow for at least two more public hearings.
Among Audubon's objections: The current plan doesn't seem to meet the requirements set out when the district was created in 1989.
Those requirements call for a "clustering of industrial uses" that cover between 20 percent and 40 percent of the district. The designated industrial areas are instead centered in two different areas, and the total amount is at the low end of the requirement.
Also, the county is supposed to create a higher standard for landscaping in the district. It hasn't, said Deputy County Administrator Larry Jennings, who was planning director until last year. But he added that the current landscape ordinance is probably stricter than anything imagined by the commission 18 years ago.
In addition, Murphy sees few indications to suggest that the master plan complies with a requirement for "steps in intensity" - dense development near SR 50 and larger lots on the outer fringes of the property.
He favors taking that concept even further, creating a dense, mixed-use urban core that would allow residents to work and shop in the same neighborhood where they live. It might be urban enough to justify mass transit to Tampa, he said, keeping traffic off I-75. It would leave room on the outer edges for preservation land.
Murphy is only the latest of several activists to suggest such a plan. The responses, likewise, are the same as those offered in the past.
Such a plan means the county would reward a few landowners with the right to build high-density developments, critics say, and penalize others whose land is designated for green space.
Kimbrough said it would be nearly impossible to make a plan like that work "when you have as many property owners as exist in this large quadrant."
But the county never even made an effort to take on the challenge, Murphy said, "and, of course, if you never try, it will never work."
Dan DeWitt can be reached at dewitt@sptimes.com or 352 754-6116.
Don't believe this propaganda...If you increase density you won't be saving farmland.. you'll just have more houses. Instead of 300 homes on Mr. Shackelford's 1,900 acres, you'll end up with 4,000.
County eyeing higher density
By DUANE MARSTELLER
dmarsteller@bradenton.com
MANATEE --
Bruce Shackelford has seen numerous changes in the 32 years he's been farming in the Parrish area.
He's seen friends get out of the business, unable to resist developers' lucrative offers to sell. He's watched development creep ever closer, with residential subdivisions and shopping centers springing up where cattle once grazed or farmers grew tomatoes, strawberries and other crops. He's seen U.S. 301 and other roads, once considered country lanes, become increasingly congested commuter routes.
Shackelford said that's largely the result of Manatee County's growth policies, especially its emphasis on limiting the number of homes per acre.
"This low-density, low-density (policy) does nothing but eat up ag land," said Shackelford, a seventh-generation Floridian whose 4 Star Tomatoes Inc. grows tomatoes, green beans, watermelons and foliage on almost 1,900 acres. "It just creates urban sprawl. It doesn't cure it."
County officials agree - and now are having second thoughts about maintaining that philosophy as the county's farmland rapidly disappears.
During a land-use meeting last month, county commissioners said they were willing to consider what was widely thought unthinkable just a few years ago: allowing higher-density development in order to preserve agricultural land.
Bill Merrill, a local land-use attorney who frequently represents developers before the board, called it "a paradigm shift, a fundamental shift" that caught him by surprise. Just as surprising: It was Commissioner Joe McClash, who was widely considered to be the board's staunchest critic of growth and its effects, who broached the subject at the Aug. 14 meeting.
He encouraged developers to consider submitting higher-density residential projects in western Manatee by using development rights obtained from the county's largely rural eastern section. Several other commissioners quickly voiced support for the concept, saying they would be willing to consider approving proposed residential projects using transferable development rights, or TDRs.
"We've been talking about it for like three years, and the timing was never right. Maybe the timing is now right," McClash said in a later interview.
Ag lands in jeopardy
The philosophical change comes as Manatee's agricultural land is fast disappearing.
In 1999, the Manatee County Property Appraiser's Office counted almost 297,942 acres of agricultural land. Now it's down to 244,436 acres, a loss of 18 percent in just eight years.
Much of that land has been turned into residential subdivisions, shopping centers and business parks as development pushes eastward and northward.
To save what's left, McClash envisions a system where development rights are transferred westward across the Future Development Area Boundary - an imaginary line that acts as the eastern barrier for residential development.
Farmers and ranchers east of the line could sell or otherwise transfer residential units allowed on their property to other properties west of the line, McClash said. Residential development would be restricted or prohibited on the eastern land, thereby keeping it as agricultural or open space.
"It prevents (urban) sprawl. That's the bottom-line goal. Sprawl is bad," he said. "Higher densities aren't bad as long as the infrastructure can support the density."
The concept isn't new: New York City enacted the nation's first TDR program in 1968. Since then, more than 50 other local programs - including in Charlotte, Hillsborough, Marion and Palm Beach counties in Florida - have been created to preserve agricultural land, according to the American Farmland Trust.
Those programs had preserved some 67,000 acres of farmland nationally as of 2000, the trust said in a 2001 research report. More than 40,000 acres was in just one county - Montgomery County in Maryland - while more than 40 percent of other programs had not saved any farmland at all, the report said.
Florida's experience falls somewhere in-between:
• Just two landowners, with 311 acres between them, have joined Marion County's voluntary program since its 2005 inception, according to the county planning department's Web page. The county now is looking to revise its program to make it more attractive to landowners and developers.
• Palm Beach County began buying and banking development rights in 1980, ultimately acquiring the rights to some 8,000 homes. But it no longer is buying after selling only about 1,000 to developers thus far, said John Rupertus, a senior county planner.
• Of the 13,767 certified residential units in Charlotte County's program, developers had bought 1,577 of them as of March 1 of this year, according to the county's planning, zoning and land development department. The county now is fine-tuning its program to make it more streamlined and user-friendly, said Jeff Ruggieri, the county's planning services manager.
The stewardship program
McClash's proposal isn't the first aimed at saving Manatee's farmland.
Almost two years ago, commissioners supported the possible creation of a rural land stewardship program. The state program allows rural landowners to voluntarily give up development rights on environmentally sensitive portions of their land in exchange for credits that could be used to build on less-sensitive land.
Since then, Manatee landowners who control some 17,000 acres - "small family farms, mostly" - have expressed interest in forming the program, said Brenda Rogers, the county's agriculture and natural resources director. Officials now are calculating every agricultural acre's environmental and development value and plan to ask commissioners later this year whether they want to create the program, Rogers said.
The toughest part thus far has been getting landowners interested in it, she said.
"You have to do a little bit of marketing and public relations," she said. "Everyone's skeptical when you say 'I'm from the government and I want to help you.' "
That skepticism and other challenges likely will greet McClash's proposal, Merrill said.
"If it's not set up properly, it'll lead to failure," he said. "The only way it's going to save ag land is if you make it a reasonable incentive. The devil's in the details, but the concept has potential."
The key will be making it financially attractive for agricultural landowners to participate, Shackelford said.
"It's all going to depend of what type of credits they'll allow," he said. "If there's no economic value or very little, why would anyone do it? If there's not a decent economic benefit to it, no one's going to do it."
Merrill also had his doubts about developer interest in a potential TDR program, citing history and the market.
Developers now aren't even trying to get all of the density available, usually submitting plans for fewer homes than the maximum allowed. Merrill said that's the result of the county long "beating us down on density" through a variety of ways, including pushing for larger lots, requiring greater distances between homes and mandating that at least 25 percent of the land be kept as open space.
Even if the county enacts a TDR program, the market likely will determine its success, he said.
"I don't see right now why someone would go out there and pay a lot of money for development rights because of the market," Merrill said. "Maybe that will change. I don't know."
McClash said he raised the concept to see what happens with it.
"Right now it's something that people should not be afraid to ask for," he said. "We need to have a property owner to take advantage of asking for it, and we'll see what happens. The door's open."
Duane Marsteller, transportation and growth/development reporter, can be reached at 745-7080, ext. 2630.
Racetrack jumps the gun
The owner didn't wait for a county permit to build his disputed motorcycle course.
By CHUIN-WEI YAP, Times Staff Writer
Published September 10, 2007
DADE CITY - Three years ago, Kim Noll moved to a home on the secluded pastures of Auton Road, just west of the Withlacoochee River Park, looking for quiet and a place to run his horses.
The last thing he expected was a motorcycle track next door.
But that's what happened in November last year, when the County Commission agreed to let his neighbor, Robert Wood, build an 8-acre motocross facility on a 40-acre sprawl Wood owns there.
It was a close shave for Wood.
There were concerns about noise and dust. Noll brought a petition with 300 signatures opposing the track. People worried about the track's effects on the big environmental park across Wood's property line.
"It doesn't make sense to place something as incompatible as a motocross track next door to the park," Noll said. "This is a passive park and a wildlife refuge."
The Pasco Planning Commission voted 7-3 to throw out Wood's application. But the County Commission reversed that decision, adding conditions that Wood can hold only 12 events a year, and operate Friday through Sunday from 8 a.m. to 8 p.m.
They also said county planners must still approve Wood's construction plan and development permit.
Here's where Wood made a mistake.
The county's Development Review Committee, made up of top staff planners, is due to consider Wood's site plan Thursday.
Trouble is, Wood couldn't wait.
He's already built most of his track and held racing at the site.
Now he may get nothing.
* * *
Trouble began barely a week after Wood got his green light from the County Commission.
On Nov. 13, five days after the commission approval, county staff found about 60 piles of dirt on Wood's property that suggested development was already going on.
On March 14, Pasco's code enforcement chief, Richard Ortiz, wrote a note to his counterpart in the zoning office, Debra Zampetti. "The track is 90 percent complete," Ortiz told Zampetti.
Five days later, Wood got a citation from the county. "Development without permit," it said.
Wood, a 49-year-old Zephyrhills contractor, said he just wants to indulge his family's hobby, which is shared by his five sons and two grandsons.
"I paid $600,000 for that land," he said. "And I got approved by the BCC. Do you think I would jeopardize all that?"
But, apparently, he would.
"Yes, I screwed up," Wood said. "I got a track built before I got a permit. But the judge hasn't decided yet. Once I pay that fine, I don't owe anybody any explanation."
The case went to court last week. Wood could be fined $500. But the county has asked to postpone the final hearing until Sept. 28, because county planners will take up Wood's case on Sept. 13.
"The outcome of that DRC hearing may bear on the county's position with respect to the current citation," Senior Assistant County Attorney Kristi Wooden told the court.
In other words, the county staff may kill Wood's race track even before the judge has to do anything.
* * *
Wood said his race track is about as intrusive as a strawberry farm.
"We live across the street from landfills," he said. "It's not like it's a Beverly Hills neighborhood."
Kim Noll doesn't need a Beverly Hills neighborhood. He just wants some peace for his wife, Tina, and their 11 horses. Both Nolls are 52.
"We moved out here because of the seclusion," he said. "The racetrack is not conducive to riding."
It's open pasture between Noll's property and Wood's motocross. Wood said he plans to plant trees as a buffer and fence the property line. He said he's sick of Noll taking pictures of his family's racetrack activities and Noll's complaints.
"If there was a Girl Scout, and if I were to take pictures, I'd get arrested," Wood said.
Not that trees are likely to work as a buffer.
"Studies have shown that vegetative buffers are ineffective in reducing off-site noise levels to adjacent properties," county biologist Bob Tietz wrote in a Nov. 6 memo to Zampetti about the racetrack.
Tietz said Wood's property isn't in a critical environmental corridor. But "development creates noise, fugitive dust, night illumination and intensive use will have both initial and long-term impacts to the indigenous wildlife in the area," he wrote.
Bipin Parikh, the county's development services chief, didn't reply to messages left over three days.
Wood said he tried to talk to Noll to see how he could make things better, but Noll wouldn't have it. Noll said he told Wood that he intended to fight the track.
On Thursday, the Development Review Committee will hear the case.
Wood is still hopeful. Things will be better once he gets his permit, he said.
"We're real strict about our rules," he said.
Chuin-Wei Yap can be reached at (813)909-4613 or cyap@sptimes.com.
[Last modified September 9, 2007, 20:08:36]
It's time for phosphate decision
By ROSALIE SHAFFER
Special to the Herald
EAST MANATEE --
After six years of review, the controversial proposal by the Mosaic Company to mine for phosphate in Altman Tract Parcel 4 could finally see an up-or-down vote this fall.In 10 days, the Manatee County Planning Commission has set a hearing before making its recommendation on the proposed zoning change to the Board of County Commission.
The hearing, which was once set for July 19, is scheduled to take place Sept. 20. Mosaic requested the delay to address county staff objections to the land use change.
The Board of County Commissioners is currently scheduled to hear the issue Nov. 13.
The land-use change would allow mining on the company's 2,048 acre property located adjacent to the Four Corners mining complex in northeastern Manatee County. The decision on the Altman Tract could be an important one. While in the past, mining has been proposed mostly in areas that had already been affected by human activities, such as agriculture, this proposal would include the excavation of 397 acres of pristine wetlands.
The company says it can restore these wetlands to their original quality, but county staff members disagree. According to a staff report, field visits to Mosaic reclaimed wetland areas early this year noted, "high vegetative cover, but had low diversity, poor zonation and little wildlife utilization."
Mosaic stands by the quality of its wetland restoration.
"Our experts have assembled voluminous data and analyses developed over the last decade that we believe unequivocally refute the county staff's conclusion," said company spokesman David Townsend.
Staff of the Manatee County Planning and Environmental Management Departments issued draft reports in July that recommended the county not approve the zoning change, citing primarily the destruction of high-quality wetlands and inconsistency with comprehensive plan requirements to avoid or minimize wetland damage.
The company has countered that it has done much to avoid and minimize wetland damage, and that phosphate mining is in the public interest.
"It's a critical natural resource," said Townsend. "Seventy-five percent of the phosphate required by farmers in the United States comes from Florida."
Environmentalists also oppose this mining proposal. Glenn Compton, director of the Manasota-88 environmental organization, said that the land, at the headwaters of Horse Creek in the Peace River watershed, is too ecologically sensitive to be mined.
"The proposed mine site contains some of the highest valued wetlands found on phosphate lands in Florida. There are some areas should never be phosphate mined, and this is clearly one of those areas," he said.
Mosaic says its mitigation package goes far beyond what is required.
"We feel we have bent over backwards to accommodate and satisfy the county," Townsend said. He points to the reduction in wetlands to be excavated (from 669 to 397 acres) and increase in land to be placed into conservation easement, now over 25 percent of the site.
"We have made substantial changes in our permit. We are putting back more wetlands than we disturbed. When is enough, enough?" he asked.
The mining company has also offered up a community project as part of the package - a 70 acre park and fire station in Duette. Townsend said that the park concept is not new - the company has been working with its Citizen Advisory Panel on donating some of its reclaimed land for a park in Duette.
"The donation of land is part of our being a good neighbor," said Townsend.
However, the estimated $1 million in developing and enhancing the park, and the fire station, which he valued at $500,000 to $750,000, are contingent upon getting a nod on Altman.
Karen Collins-Fleming, Director of the County's Environmental Management Department, said that Mosaic representatives spoke with County staff some time ago about the park and fire station project, as part of a package of offerings that staff might consider in trade for a recommendation of approval on the Altman project. However, staff did not support it. "While the proposal may be very good for the community, we did not see it as appropriate or acceptable as mitigation for the natural resource impacts proposed for the Altman Tract."
Another problem with the offer is the long-term cost for the county, Collins-Fleming said. "They [Mosaic] could donate the land and build a facility, but the county taxpayers would bear the long-term maintenance costs, which could be substantial."
Principal Planner Lisa Barrett said there may be some changes made to the staff report, but at this point, not the basic recommendation of denial.
Hometown Democracy
Published: Tampa Tribune September 9, 2007
Hometown democracy or hometown chaos? Corrupt developer-controlled local officials versus anti-growth zealots?
The rhetoric and name-calling is escalating from both sides in the debate over Hometown Democracy's proposal to amend the Florida Constitution to require voter approval of every local comprehensive plan amendment. Unfortunately, the Draconian nature of the proposal and the extreme reaction from some opponents is obscuring a real problem.
State-mandated local comprehensive plans are the 'constitution' for land use; they govern local decisions about when, where and how development may occur. These plans are required to cover a planning horizon of at least 10 years, but they may be amended as provided in the state's Growth Management Act.
According to the sponsors of Hometown Democracy, local plans are being amended much too frequently, and usually at the behest of developers. Thus, they argue that local plans are not controlling growth and that citizens cannot effectively participate in the amendment process.
The Hometown Democracy campaign has called attention to a serious problem: growing citizen dissatisfaction with the local planning process and especially the frequency of plan amendments.
Originally, the Growth Management Act allowed local plans to be amended only two times each year. Subsequently, however, the Legislature has enacted 32 exceptions to the twice-a-year limitation. Additionally, many local governments have developed a habit of considering and adopting dozens of plan amendments every six months. For example, in 2005 alone, Florida's local governments adopted over 8,000 plan amendments.
Local plans must be subject to amendment to respond to changed conditions, but plan amendments have become the rule rather than the exception.
As a result, the local plan is constantly changing, offers little stability or predictability, and has diminished credibility with the public. Instead of the 10- or 20-year visions they were supposed to represent, local comprehensive plans are in danger of becoming little more than six-month suggestions.
It is not surprising that many citizens have lost faith in the ability of local comprehensive plans to control growth and development.
To this very real problem, Hometown Democracy offers an extreme, impractical solution. It would require a public referendum on every plan amendment no matter how small or insignificant.
The requirement would encompass not only amendments that seek to change the fundamental policies of a local plan, but also changes - large and small - to the future land use map, to the permissible uses on a specific parcel of land and even to amendments to correct scrivener's errors.
The citizens of Florida have the power to give themselves the right to vote on every proposed local comprehensive plan amendment. But do we really want or need this right?
Do we want to subject ourselves and our local governments to the considerable expense of frequent special or general elections on plan amendments? Do we want the entire electorate of a county to decide in an election whether a gas station should be allowed on a quarter-acre plot of land at a particular intersection?
Do we want to require a referendum vote on proposed amendments to increase protection of environmentally sensitive lands? Do we want to delay the adoption of plan amendments that are necessary for important public projects?
Do we want to establish a system where only the wealthy can afford to apply for and wage an election campaign in favor of a proposed plan amendment?
These questions suggest just how disruptive the Hometown Democracy proposal will be if it is amended into the Florida Constitution.
The Draconian nature of the Hometown Democracy proposal should not blind us to the problem it seeks to cure. Rather than denying the problem and demonizing the proponents of the proposal, elected officials at the state and local level, as well as landowners, developers and other citizens, should acknowledge and seek workable solutions to the problem.
There are more measured and practical solutions than the meat ax wielded by Hometown Democracy. First, the state and local legislatures could limit the frequency of plan amendments. The state Legislature could begin by repealing the 32 exceptions to the current twice-a-year limitation. Limitations could also be placed on the frequency of certain types of amendments, especially those that alter the fundamental policies of the local plan.
Another way to discourage the frequency of plan amendments would be to require an extra-majority vote for some types of plan amendments. After all, Florida voters recently decided that a 60 percent majority vote should be required to amend the Florida Constitution. Perhaps a similar requirement would restore some dignity to the local comprehensive plan.
Regarding the use of referenda, state and local legislatures could limit their use to certain kinds of amendments. For example, only amendments that change an urban growth boundary or that are necessary for the approval of large publicly financed projects such as airports would be subject to referendum approval.
These approaches are not without controversy, but they are more practical than requiring voter approval of all plan amendments. More importantly, the adoption of such measures may persuade voters that Hometown Democracy is no longer needed because state and local officials have solved the problem in a more responsible manner.
Thomas G. Pelham is secretary of the Florida Department of Community Affairs.
Farm To School Program Provides Nutrition For Students
Revenue For Farmers
By CHERE SIMMONS
SARASOTA, FL — John Matthews, Local Food System Coordinator for
Sarasota County, talks of going on a 150-mile diet. Haven’t heard of
that one? He will only eat foods produced within a 150-mile radius of
his home. Sounds challenging...yet very possible.
Our state has an abundant source of year-round fruits and vegetables.
Not to mention livestock and seafood.
The motivation for this challenge is his involvement with the Farm To
School program that he and Dr. Robert Kluson, UF/IFAS Extension Agent,
helped institute last year in Sarasota and neighboring Manatee and
Charlotte Counties.
With great enthusiasm they explain how the system is working in 22
states and about 400 school districts around the country.
Better
nutrition
The concept is one that satisfies multiple goals: The first being the
nutritional wellness of school-age children. There are 74,000 students
fed daily in the above three counties, nearly 40% of them receive
reduced or free meals. For many, this may be the single most nutritious
meal of the day. There is also the rising concern over childhood obesity
and the need to teach children to make healthier choices. Introducing
local fresh fruits and vegetables into school lunches and breakfast is a
good start. Local food is typically the freshest, and there is solid
science that food affects behavior, memory, attention and cognitive
skills.
New income opportunities for farmers
Second, the clock is ticking on farmland throughout Florida. Most
farmers want to stay in the industry but pressure from development and
rising production costs negate their desires. The Farm To School program
brings new marketing possibilities to local farmers. School districts
each have professional Food Service Directors who purchase food for
thousands of meals every year. It’s a market that, for most farmers,
has never been explored. It is especially attractive to small-scale,
independent, or specialty crop farmers looking for a niche consumer.
Bringing the farm back to the community
Third, reintroducing the farmer to the community. Today’s children are
at least three generations removed from the family farm so it’s easy
to see why they are unfamiliar with any aspect of it. In many areas Farm
To School has taken the program from the cafeteria to the barn with
field trips and visits to the classroom by farmers.
“You know the person cutting your hair or doing your nails,” says
Matthews. “But do you know who is growing your food? Farming is a
profession and we want to bring more credence to it.”
According to Kluson, a study in 2002 showed residents in his area spent
$800 million feeding themselves. This includes supermarket and
restaurant sales. However, only $20 million was reported in farm sales.
Purchasing directly from local farmers generates more money in the local
economy and strengthens community ties.
The collard green test
The pilot program for the Sarasota region was in the spring of 2006.
Food director Beverly Girard had a choice between green beans, sweet
potato sticks and collard greens. She chose collards which were served
with mixed reactions among students. The greens were chosen to help kids
understand diversity, not only in culture but also in the foods of each
culture. Collards are definitely a southern delicacy.
“Studies show that a new food must be introduced 10 to 15 times before
a child feels confident enough to choose it on his own,” says Dr.
Kluson. “We’ve actually witnessed children who couldn’t identify a
whole, cooked potato.”
Many of today’s children believe a French fry is a vegetable.
The collards used in the pilot came from the New North Florida
Cooperative Association (NNFC) which is the pioneer of Farm To School in
Florida. It has been enjoying success with its 100 member co-op since
1997. The NNFC now sells to 15 school districts in Florida, Georgia,
Alabama and Misissippi. They work closely with Florida A&M
University who provides assistance to small farmers through their
outreach programs.
Not a fad
“This is not a fad. It’s permanent,” says Matthews. “It is so
huge, and I see so many possibilities, that I have to narrow my focus to
stay on course. We’re taking baby steps right now.
“I have hope for a regional farmers cooperative that can model itself
after the North Florida co-op. We can feed ourselves, and the county can
be more sustainable.”
The pair hopes to see more neighboring counties, like Lee and Collier,
come on board through their respective Extension agencies and strengthen
the idea for a regional co-op.
“I imagine the future to include Farm To Hospital, Farm To Nursing
Home, and so on,” states Dr. Kluson. “Everything is going in the
direction we hoped, but we need more community partners.”
School gardens
Another hope for relinking children to the land is the school garden.
“School gardens are the proactive part of the scheme,” says Dr.
Kluson. “There are three gardens currently functioning in Sarasota
County, one each in an elementary, middle and high school.”
“There is a desperate need for volunteers,” adds Kluson. “With
funding cuts, the success of a garden falls on the community. Parents,
civic groups, retirees, anyone who is willing to help can contact us
about starting a project at a school near them.”
Community partnering
With strong support from the local Florida Farm Bureau, school food
services, Florida West Coast RC&D, regional farmers, UF/IFAS, and
All Faiths Food Bank, the program is on the right track, but it still
needs community involvement. The 2007 Farm Bill has provisions for the
program giving it much needed funds, and contacting Congress to show
support for the new Bill will give it a stronger voice.
Express support to local school boards, county commissioners, teachers,
Extension offices, farmers, etc.
“We are very interested in reaching groups who want to participate,”
says Kluson. “We are available to speak to organizations or just
answer questions about the program.”
To contact Matthews or Kluson call the UF/IFAS Sarasota Extension
office at 941-861-5000. The office is located at 6700 Clark Road, Twin
Lakes Park, Sarasota, FL 34241. Website is http://sarasota.extension.ufl.edu
There are many valuable websites for more information on the program.
Visit www.farmtoschool.org, www.foodsecurity.org,
and www.ecoliteracy.org (an
excellent site for information on starting school gardens). However, the
most informative for producers and buyers is www.attra.ncat.org/attra-pub/farmtoschool.html#benefits.
This site gives benefits and constraints, contract suggestions, delivery
and payment ideas to both farmers and buyers.
http://pubs.usgs.gov/sir/2006/5267/pdf/sir2006-5267web.pdf
Anthropogenic Organic Compounds in Ground Water and Finished Water of
Community Water Systems in the Northern Tampa Bay Area, Florida, 2002-04,
USGS Scientific Investigations Report 2006-5267 by Patricia A. Metz,
Gregory C. Delzer, Marian P. Berndt, Christy A. Crandall, and Patricia L.
Toccalino is available online.
As populations increase around areas with public water-supply wells in the
northern Tampa Bay region there are corresponding increases in
contamination. According to a study by the U.S. Geological Survey (USGS),
human activities are impacting ground-water resources.
In the first phase of the study, 30 randomly-selected public-supply wells
were sampled prior to treatment and analyzed for the presence of 258
compounds generated by humans such as pesticides and volatile organic
compounds (VOCs). The northern Tampa Bay area was selected for study
because a large percentage of the population relies on ground-water
resources from the Upper Floridan aquifer for drinking water supply.
Of the 258 sampled compounds, 31 were detected in wells prior to
treatment. Samples from the wells generally contained a mixture of
compounds (average of 4 compounds) and 70 percent of the samples had at
least one compound detected. Concentrations were low (less than 1
microgram per liter), well below the potential for human health concern,
and were several orders of magnitude below the level of toxicity for
drinking-water standards set by the U.S. Environmental Protection Agency.
The relative levels of contamination were closely linked to land-use type
and to the amounts and types of chemicals used in each setting. For
example urban areas showed widespread occurrence of pesticides commonly
used around the home and gardens, golf courses, and public road
right-of-ways. These common pesticides included atrazine (including the
breakdown products 2-hydroxyatrazine and deethylatrazine), simazine, and
prometon.
In the second phase of the study, wells that had the highest levels of
contamination were resampled before and after treatment. The pesticides
most frequently detected both prior to and after treatment were atrazine
and its breakdown products. All detections were at very low concentrations
(less than 0.03 micrograms per liter).
"We are seeing the effect of human activity and land-use practices on
our ground-water supplies," said Patricia Metz, USGS hydrologist and
lead author on the report. "Although concentrations are very low,
their presence indicates the relatively rapid mobility of these
contaminants to the ground-water system and the vulnerability of
ground-water supplies to contamination from human activities."
The study examined the relation between the occurrence of the contaminants
and land-use, population and local hydrogeologic conditions. In the
northern Tampa Bay area the Upper Floridan aquifer ranges from being
unconfined to semiconfined. In areas where the aquifer is unconfined, it
is more open to recharge from land surface and therefore more vulnerable
to impact from human land-use activities. In this study, half of the 30
water supply wells were located in areas where the aquifer was unconfined,
the other half in areas where the aquifer was semiconfined. Compounds
associated with human activity were found at almost double the rate in
water from wells where the aquifer was unconfined as compared to
semiconfined conditions.
The study also found that a significant relation exists between population
and the number of contaminants detected. Where population and human
development was limited, such as large well fields, little to no
anthropogenic compounds were detected.
"Concentrations of specific compounds in ground water depend on a
number of factors." said Metz. "The hydrogeology plays an
important role in allowing these compounds to migrate from land surface
into the ground water system. Both the unconfined nature of the aquifer
and the higher population are determining factors in the number of
anthropogenic compounds detected." Metz adds, "For the past
several decades we've seen land-use changes that may affect the future of
our potable ground-water supplies." Studies like these can provide
information to resource managers and decision makers.
Other key findings include:
- Chloroform (disinfection by-product) was the most commonly detected
VOC and compound detected in the study (detection frequency 43
percent); it was most frequently detected in residential areas.
Chloroform detected in residential areas may be associated with lawn
irrigation, leaking of supply lines, pools, and spas.
- Atrazine (herbicide used in lawn care) and it's degradates (deethyatrazine;
2-hydroatrazine, and deisopropylatrazine) were the most commonly
detected pesticides (54 percent combined detection frequency); most
frequently detected in residential areas. Atrazine's detection in
residential areas is commonly associated with application of lawn
maintenance chemicals.
- DEET was detected in 5 source-water samples (17 percent detection
frequency); commonly found when sampled wells were near septic
systems.
- Wells sampled in well fields such as Cross Bar, Cypress Creek,
Eldridge Wilde, and Cosme where the population and the land-use
development is limited, little or no human-generated compounds were
detected in the ground water.
- One-on-one comparison between source-water and the associated
finished water (non-blended), found certain compounds were still
detected after the treatment process (for example, atrazine and its
breakdown products, bentazon, imidacloprid, tebuthiuron, and caffeine
were found in the treated ground water); again these were detected at
very low levels.
- Treated water generally had higher concentrations of human-generated
compounds due to the disinfection treatment process.
Foes persist in mall battle
The Sierra Club adds its voice to the complaints over the ongoing construction.
By CHUIN-WEI YAP, Times Staff Writer
Published September 8, 2007
WESLEY CHAPEL - As bulldozers pave the way for a giant mall on the banks of Cypress Creek, environmentalists have kept up a steady drumbeat of complaints against the developer.
Since construction began at Cypress Creek Town Center three months ago, its opponents have sent federal and state environmental inspectors to the site on a regular - sometimes daily - basis. They want the mall stopped.
It began with charges that the mall's developer, the Richard E. Jacobs Group, didn't properly follow procedures in relocating gopher tortoises off the site. State officials disagreed.
Threats of lawsuits followed, against the U.S. Army Corps of Engineers for permitting the development in the first place. The focus has now shifted to construction runoff polluting the creek.
On Friday, the Sierra Club joined in.
"High turbidity has appeared in Cypress Creek from the runoff muck from the cleared project site," said Denise Layne, the club's Tampa spokeswoman. "This project needs to stop right now before any more pollution is dumped in the Cypress Creek."
On Aug. 14, the Southwest Florida Water Management District, or Swiftmud, warned the developer about the runoff into the creek.
"We have received a response from them," Robert Lue, the district's Brooksville-based regulatory director, said Friday. "What they've proposed is a berm around the south and southwest of the property that would contain water on the property."
If properly built, the berms could do the trick, Lue said.
Swiftmud spokeswoman Robyn Hanke said the builders would start moving their ponds' edge away from the creek and begin building the berms this weekend.
Mall spokeswoman Deanne Roberts said the berms will be completed next week.
Lue said the berms would allow crews to treat runoff before it runs into the creek. Double-lined silt screens at the site had broken before, sending construction runoff into the creek. The developer repaired the breach "almost immediately," Lue said, and has since promised to also double the hay bales that support the screens.
The developer is also working on "floating filters" to screen turbid water running into wetlands, Lue said.
"The top management of the developer, its consultants and the site contractor have made this issue a top priority," Roberts said of the stormwater problems.
Asked whether some pipes visible at the site were channeling runoff into the creek, Roberts said, "We're pumping water out of a pond which was created when we removed an impacted wetland, per our permits. That pond filled up with rain water so we are pumping the water onto the surface of our future parking lot to allow it to evaporate. Then the pond area can be filled with dirt."
Roberts said rain hampered their efforts at erosion control and acknowledged that muddy discharge had entered the creek as a result.
In two weeks, the Sierra Club is expected to decide whether it will file suit against the corps for signing off on a permit that lets the development destroy 56 acres of wetlands.
The corps hasn't stopped the development. But last month, after the mall's construction crews told corps inspectors that they accidentally cleared three-quarters of an acre of protected wetlands, the corps warned the developer that it could be fined or have its work halted by a court order.
Roberts said the wetland clearing was accidental and promptly reported.
"It resulted from confusion on differing agency requirements and confusion on the plans between the engineer and contractor," she said. "The wetland in question was not required to be saved by Swiftmud, but was by the corps. The wrong set of plans were used when installing a fence around the wetland perimeter prior to land clearing."
The developer replanted the wetland Friday, Roberts said.
The mall's location in an environmentally sensitive spot on Interstate 75 and State Road 56 is "a square peg being forced into a round hole," said Dan Rametta, a Land O'Lakes environmentalist.
Environmentalists have linked the project's risks to Tampa's drinking water supply 20 miles south.
But the mall's consultants have argued in the past that Bruce B. Downs Boulevard crosses the creek 10 miles closer to Tampa and developments along that road already pollute the creek. Watershed maps published by Swiftmud and Hillsborough County confirm the creek's route.
Chuin-Wei Yap can be reached at 813909-4613 or cyap@sptimes.com.