Article Courtesy of The
Apopka Voice
By Reggie Connell
Published December 18, 2022
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It
was in April 2021 when Apopka Mayor Bryan Nelson proposed a deal to swap City
land on Harmon Road to facilitate a deal between the Rock Springs Ridge
Homeowners Association and The Golf Group, owners of the RSR golf course lands.
Then, in November
2021, the Apopka City Council held a workshop at the
Amphitheater to inform both parties that its participation
in this transaction was off.
But now, a year removed from that workshop, is the City
opening up a new dialogue with the RSR HOA and The Golf
Group to assist in its ongoing efforts to trade a 51-acre
Gopher Tortoise Conservation Area parcel for the golf course
lands?
At the December 7th Apopka City Council meeting, Nelson was
just seconds from gavelling to close a marathon 4.5-hour
affair when Commissioner Nick Nesta asked a surprising
question.
"There was a meeting here with Rock Springs Ridge?" Nesta
asked. |
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"Oh, yeah," Nelson replied.
"Are you able to kind of detail that at all?" Nesta asked.
"Yeah, yeah," Nelson said. "We're trying to put it together. We are getting
close to some kind of agreement where the developer, or excuse me, the golf
course owner with the (RSR) HOA, putting together an agreement, and we should
have something to look at... maybe by the end of the year. So basically,
nothing's really changed. It's just how we do it. It's the 51 acres that they'll
develop in a swap for the golf course land. I think there's some money to change
hands going toward the HOA. What we're trying to do is come up with a
conservation easement over some of the golf course lands to mitigate the turtles
that are on the 51 acres."
Nelson is right. The RSR HOA and The Golf Group deal is essentially the same.
Where he isn't right is the likelihood that the easement will be lifted with
such ease.
To give you a little background on a conservation easement with the Florida
Wildlife Commission, here is how the document begins:
INTENT OF PERPETUAL CONSERVATION EASEMENTS
"Acceptance of conservation easements by the Florida Fish and Wildlife
Conservation Commission (FWC) is a transfer of property rights intended to
protect and conserve habitat for wildlife in perpetuity. Perpetual easements are
commonly provided for mitigation and conservation purposes to offset impacts.
When a landowner grants FWC an easement, it is understood that the transfer of
title interest is permanent and that both parties to the easement understand the
intent is for permanent conservation. As stewards for wildlife, FWC accepts
these permanent easements, understanding that the habitat will be permanently
protected from development or as otherwise specified in the easement."
Perpetual, permanent, and forever are words usually not associated with change.
Commissioner Diane Velazquez, clearly unaware of the meeting, inquired about its
timing to City Attorney Michael Rodriguez.
"Did you have this meeting yesterday here?"
"I was brought to a meeting," said Rodriguez. "So the HOA has proposed that a
portion of the golf course area, which is not going to be used as for golf
purposes in the future, will have a conservation easement placed on it, which
will prohibit any type of construction any type of... anything. And that area
that will be subject to the conservation easement will be the receiving area for
the relocated gopher tortoises."
But Nesta's follow-up question unearthed a new revelation about the extent of
the City's involvement.
"Isn't it like a three-to-one or something in reference to like acreage needed
to relocate them?" He asked Rodriguez.
"There is also the possibility of a portion of City property can also be used
for... we would be using some area that's ours to have a receiving area as
well," said Rodriguez. "So the total acreage of receiving area would be
consistent with what the state needs to be the receiving area for any gopher
tortoises that are found and then relocated, pursuant to state regulations."
Commissioner Kyle Becker reminded Rodriguez of his stance on the City being
involved in this deal from November.
"I thought, back when we were at the Amphitheater, we kind of put our fists down
and said the City has no interest in this going forward," Becker said.
"Well, the City has no interest," said Rodriguez. "There is no interest in the
City."
Offering 40-plus acres of city-owned land to assist RSR in achieving a
three-to-one ratio in a gopher tortoise relocation plan seems like the City has
a little skin in the game, but I guess it depends on the definition of
"interest".
Becker also questioned why the City would weigh-in on a property that has an
environmental easement attached to it.
"There's a conservation easement for gopher tortoises on that piece of property
that's not a city thing or a county thing. That's a state thing. Why do we have
this idea that it's going to be this easy to relocate tortoises, and this is
like we're talking like this thing is done and dusted?"
"We don't have an opinion on that," Rodriguez said. "The golf course owner and
the HOA have been in contact with the state. And that has been what was
presented to them from the state. We were not involved in those discussions."
"I'm just floored... again," Becker said. "I know members of this council, and
I've made many, many requests that anytime there's a conversation with Rock
Springs Ridge... so that we're not blindsided i.e. tonight...that we are abreast
of the situation. Clearly, that's not going to be respected. But I guess you get
to suffer the reactions that we give. So it's unfortunate."
But Rodriguez pushed back on the idea that Nelson or the staff had done anything
wrong.
"There is nothing untoward on the part of the City or any of the City's actions.
The relocation of the tortoises is said that they have already been in
negotiation discussions with the state. We were not part of those discussions,
nor did we take any the lead in those discussions."
"I think saying that we're going to use City property as part of it is," said
Nesta.
"It's an opportunity to be able to use certain areas of certain city properties
that are already for the purposes of preservation of conservation, that can help
facilitate the matter," Rodriguez said in response to Nesta. "And that's
something that we can work with the state in accomplishing that matter. But
there is no... the extent of the city's involvement is in review and approval of
a future land use map amendment that will be brought to them, just as this
Council would review any application brought by any developer, or is just like
the ones that we reviewed today."
"But you had this meeting yesterday," Velazquez said. "There was a discussion
and a conversation about this swap... but actually taking a piece of the
conservation, if this is what I'm understanding, and then take, find the
gophers, and relocate them onto City property."
"Not all of them," Rodriguez said. "The swap is between the golf course group
and the HOA."
"Okay, so what was the meeting about yesterday," asked Velazquez.
"The meeting was mainly to receive direction on what it is that the City is
going to review in order to bring the future land use map designations for the
overall PD. And amending the PD in order to bring in the consistencies with the
PD is going to have to be amended to accommodate the additional units that The
Golf Group is going to develop on the property."
According to Rodriguez, members of the RSR HOA, The Golf Group, Nelson,
Rodriguez, and Community Development Director Jim Hitt were in attendance at the
meeting held at City Hall on Tuesday.
Becker wondered why the City would entertain a meeting with the RSR HOA and The
Golf Group after it already backed away from this deal.
"I would just advise that it's a colossal waste of time, in my opinion, if you
don't have assurances from the state that they would even entertain the lifting
of that easement. I mean, it's a colossal waste of time."
But Nesta's question offered yet another revelation.
"Do we have a site plan?" Nesta asked Rodriguez. "Have they sent you any type of
site plan?"
"No, we're still... we're not at that stage," Rodriguez said. "They're not at
that yet."
But, as it turns out, they were at that level in another department of City
Hall.
"Mr. Hitt? Have you been sent a site plan?" Nesta asked.
"I've got a rough draft of the 51 acres that they're looking to do," Hitt said.
Nesta went on to ask Hitt to circulate the draft of the site plan, which created
yet another revelation.
"I sure can," Hitt said. "I had them send that. I believe it was last week. And
I wanted to..."
Again shocked by the lack of transparency, Velazquez questioned Hitt about the
site plan.
"Say that again? You had it from last week? There's a commission up here. And we
represent not just the City but also the residents of Rock Springs Ridge... it
just feels like there are agreements going on."
But Rodriguez again pushed back on commission members.
"Now, I want to clarify because there are no agreements, unless this council
wants to see every pre-application submittal or suggestions from every single
developer that's presented to the City will feel free to do so. But there are no
written agreements, and there's nothing to be brought to this calendar. And if
there's any agreement against..."
"Mr. Rodriguez, know your place," Becker shot back at the notion of the
commissioners asking for every single developer's presentation. "We are an
elected board, and we are to be respected. So let's talk about this in a
respectful manner. She [Velazquez] had a concern... Mr. Hitt has voluntarily
offered to provide updates whenever there's anything remotely close to action on
the Rock Springs Ridge community. So maybe not from a legal perspective, but Mr.
Hitt has offered that up to this council."
"I understand that...," Rodriguez said as Becker continued to talk.
"I'm going to finish my comments," Becker said. "Proper decorum in the city
council is going to be that for you to respect this City Council. And I don't
appreciate you raising your voice to us and talking down to us."
"I understood," Rodriguez said. "But I also want to respond to the insinuation
that there is a pre-arranged agreement between staff and the golf course group,
or the HOA, and to clarify that there is no agreement, that there isn't anything
that's been done untoward... any formal actions on the part of the City have to
be brought to this Council and will be brought to this Council and have always
been brought to this Council in regards to this, this issue or any issue that is
presented before the City."
"Well, we can just get a copy of that so that we're all on the same page. That
would be greatly appreciated," Nesta added.
"Definitely," said Hitt. "When we were talking about the numbers, it was a
process of how can this occur? So we're looking at the numbers as Mr. Rodriguez
outlined regarding the densities and whether or not there's anything here, what
it would take for them to apply to do a land use change and to amend the PD. One
of the things that David Evans [an engineer for The Golf Group] brought up just
yesterday. The gopher tortoise was my biggest concern, because I was not
convinced that they could get that change over from the state to go anywhere
else. What David Evans had mentioned is that they've been in conversation with
the state. And until they get that, that opportunity to be able to have another
receiving area for the gopher tortoise, they can't do really anything. So that's
where that is."
"But the thing is that they're coming in here and having all these meetings,"
Velazquez said. "I mean..."
"We get developers that come in and have meetings every day," said Hitt. "And
that's, that's the way I look at it until they actually have a plan...,"
"Do they meet with the mayor every time?" Nesta asked. "We're creating, I mean,
implied or written or expressed, there are still agreements, handshakes going
on. So you can say there isn't. And that's fine. There's something going on
behind the scenes here that it's creating issues up here, that as long as we're
all on one accord, and it's transparent, we could move forward on some things;
but the fact that things are happening without being advised, and I know, we're
not asking for [updates on] every single development... that is unrealistic. And
that's not our expectation. It's a development that's happening in a
neighborhood that has cried out for help. So it's reasonable for us to ask for
updates should anything happen. We were about to give them a $4 million discount
on a property... so it helps to have all of our brains come together to come to
a resolution. I think that's the point."
"And also, just for the record, as I said before, there's nothing to preclude
each one of you individually from meeting with any developers or any prospective
applicants to discuss matters," Rodriguez said. "All of you met with the Clear
Lake Division. They came into stress issues. So there's no..."
"I will tell you that the Rock Springs Ridge Golf group has not contacted us to
sit down with us," said Velazquez. "And what makes Rock Springs Ridge a little
bit unique is because of what's been going on for the past few years, you know,
the swapping, and then it didn't swap. And it's just been very tumultuous. And
there's not a lot of transparency. So, having a meeting with the entire group,
as you did... our community director, yourself, engineers, that, for me, just
say for me, you're showing that you're moving forward with this. That's what it
seems to me right now. Perception is reality. That's what I... you know, that's
what I feel is going on?"
But Nelson, like Rodriguez, stressed the idea that nothing has been decided and
wouldn't without City Council consent.
"We haven't agreed on anything," said Nelson. "I don't meet with all of the
developers. I mean, I'd say if it's not a couple hundred acres, I probably meet
with 5% of the developers. Staff meets with them all the time. And now and then
Michael is called in for something particular... so it's not... we're not trying
to hide anything from anybody. And to your point about gopher turtles, I thought
that was a non-starter, so I didn't think it would ever happen. And so they came
back as well. They think they've got, you know, a tentative agreement with the
governor's office. Well, wow, that's pretty impressive. I didn't think they
could do it. So I don't know. Is it because I was involved? If you want me out
of the discussions, that's fine. I can stay out of it. I'm trying to help the
situation. I'm sure not trying to hurt it."
"It's not hurting feelings," Velazquez.
No it's not about hurt feelings. It's about transparency. It's about keeping the
city commissioners in the loop. Oh, and it's also about protecting your
community's environment and wildlife and not breaking a perpetual agreement.
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