Agenda Item Name:
Title
Stipulated Consent Order for Grand Oaks at Tower
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Presenter:
Stacie Greco, EPD
Description:
Request approval of Stipulated Consent Order with Weseman Development, LLC.
Recommended Action:
Recommended Action
Approve the Stipulated Consent Order with Weseman Development, LLC.
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Prior Board Motions:
N/A
Fiscal Consideration:
Fiscal Consideration
A Stipulated Consent Order was entered with Weseman Development, LLC in which the developer agreed to restrict installation of permanent irrigation in a future development phase and in turn, the County agreed, contingent upon approval of the Board, to waive a $100 After the Fact Approval Fee for 94 parcels ($9,400) and a Fee refunded for 24 parcels ($2,400) for which fees have already been collected. Although this will result in forfeiting $11,800 in fees from the General Fund, there is benefit in increased water conservation and improved water quality by the irrigation restriction.
The Irrigation Approval Fee ($50) and Inspection Fee ($85) will still be paid for all 118 parcels, resulting in $15,930 fees collected for these lots. Fees collected through implementation of this Code do not directly support this program but do benefit the General Fund.
Fund: Various revenue accounts within 001.55.5511. Water Resources
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Strategic Guide:
Strategic Guide
Environment
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Background:
Weseman Development, LLC. is developing the Grand Oaks at Tower subdivision in the City of Gainesville (6400 SW 24th Avenue). This development includes three phases, with construction currently occurring in Phase II. During the development of Phase I, permanent irrigation was installed on 118 lots prior to obtaining approval of the site plans from Alachua County, as required by and outlined in Article VI of Chapter 77 Water Quality Standards and Management Practices Code. Approval is typically obtained by Irrigation professionals (hired by builders or developers) through Alachua County’s on-line portal. This step was skipped by Weseman Development’s irrigation contractor for the 118 lots included in Exhibit A attached to the Stipulated Consent Order. A $100 After the Fact Approval fee is set under the County’s Fee Schedule and is levied for each landscape irrigation system that is installed prior to approval, in addition to the Irrigation Approval Fee ($50) and Inspection Fee ($85).
The goal of Article VI of Chapter 77 is to reduce landscape irrigation water use and to reduce the irrigable area in landscapes. To meet this goal, EPD staff is exploring mechanisms for encouraging temporary irrigation for the establishment of landscapes instead of permanent irrigation. Staff approached the owners of Weseman Development to see if they would commit (through a legally binding process) to build Phase III with no permanent irrigation in lieu of paying the After the Fact Approval Fees for Phase I.
Due to the violation of Alachua County Code, the code enforcement process was followed. The parties agreed to a Stipulated Consent Order to resolve the case, contingent upon approval of the Board of County Commissioners (“Board”). The stipulation requires, in part, for Weseman Development to record a legal instrument that runs with the land (Declaration of Covenants and Restrictions) in the Official Records of Alachua County which prohibits permanent irrigation systems on residential lots in Phase III. Phase III is currently slated to include 83 lots and will serve as a demonstration site for homeowners, property managers, builders, developers, and other stakeholders for showcasing how temporary irrigation can help us achieve water conservation goals.
Phase I is currently being brought into compliance, as the irrigation professional has been providing the required documentation and fees for these lots. These lots will be inspected by EPD staff and will be required to meet Article VI.
The matter was brought to and approved by the Code Enforcement Special Magistrate at a public hearing. The Alachua County Code provides the County Manager the authority to enter into consent orders on behalf of the County to settle code violations, either before or after initiating formal enforcement action. Although the County Manager has the authority, Board approval is required for the waiver of fees set in the fee schedule. The only accommodation that will be afforded by staff, if this Stipulated Consent Order is approved, is to waive the After the Fact Approval Fee for the original 118 lots.