Limpkin November 2002

Preliminary and Final Plat Approved for Plantation Point

By Sarah Linney

On October 2, everyone once again convened at the Rockledge City Hall to see what the city council would decide regarding plat approvals for Plantation Point Development. Approval of the preliminary plat had been tabled after the May 15 public hearing because all of the required permits had not yet been obtained. Also of some consideration was the outcome of the scrub-jay lawsuit that was due for a hearing in June.

The preliminary plat came up first. We owe a big thanks to Councilwoman Georgia Phillips for her motion involving Lots 6-27 and 125-132 which fall on the east side of the property, along or inside the Central Mainland Wildlife Corridor between the Cruickshank Sanctuary and the Viera Conservation Area. More specifically the motion says there will be no clearing of these lots before January 7, 2003 to allow EELS the opportunity to purchase some or all of them, and also for negotiation of a 100 foot wide easement to the east between the development and the neighboring business. The motion carried unanimously. The easement, a road right of way owned by the Dudas, would be donated to EELS after acquisition from the owners. After further discussion, the council unanimously approved the preliminary plat with the above stipulation.

After a brief recess, it was time to vote on the Final Plat for Plantation Point, Phase I. This is the most environmentally sensitive area of the subdivision. According to Mr. Griffin, a spokesman for the developer, Phase I is 64 acres and consists of 106 lots. The wildlife corridor is on the east and the Cruickshank Sanctuary is to the north. The contractor agreed not to develop the east 250 feet (the lots above) until January 7 and to continue in negotiations with EELS and TNC.

Hugh Evans, another representative of Forte Macaulay Developers, spoke of their proposed mitigation: a total purchase of 30 acres, 20 being in Titusville and 10 in Valkaria, and additional monies donated to the Federal Wildlife Program, in part for the management of the mitigation acreage.

A number of people turned in cards to speak, but this was not a public hearing on the final plat. The council did however, allow two speakers to comment for the record. Mary Sphar (Sierra Club) was first and addressed legalities to postpone the approval of the final plat. Her main argument was that according to city regulations, a developer has to design a management plan when listed species are involved and that mitigation did not equal a management plan. Furthermore, the final plat approval should be contingent on the city approving such a plan. The city attorney responded that the usual policy is to adopt management plans from issuing agencies as their own, as in, from the Army Corps of Engineers.

Steve Broker spoke next. He works for the Army Corps but was not representing them at this hearing. He said that federal assessments are not as detailed as they appear and that federal permits cannot micro-manage local land use issues. Rockledge needs to fine tune recommendations and fill in the gaps per project. “Think outside the box!” If the corridor is disrupted, there will be a diminished return on the money spent for the Cruickshank Sanctuary and the value of the Viera Conservation Area. Steve also commented that once the final plat was approved, the value of the land would go up, which could affect negotiations.

During the ensuing discussion among the council members, Mr. Evans was asked about the status of talks with EELS. The agency had authorized appraisal of each numbered lot to see what they could afford, but no negotiations had begun yet. EELS is also in negotiation with Viera Commercial Property (Duda) f or the purchase of a neighboring (east side) 12.7 acre property, but the purchase is not guaranteed. A motion was made to approve the final plat with the same stipulation as presented with the preliminary plat. Councilman Blake asked, “How will the council stand legally if they do not approve it tonight?,” to which the city attorney replied, “If [we] deny approval, the developer could file a lawsuit against Rockledge.”

“They have all their permits in place” was the motto of the evening. The motion to approve passed unanimously.