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State law limits Fort Pierce's control over proposed 913-unit condo development

Fort Pierce City Hall
City of Fort Pierce
Fort Pierce could be on its way to its largest development yet

A proposed 913-unit condominium development along Seaway Drive is moving forward in Fort Pierce under Florida's Live Local Act, limiting the city's ability to influence the project's design despite concerns raised by local officials.

Known as Causeway Cove, the development would include two hotels, a marina and restaurants. If built, it would become the largest development in the city's history, spanning about 1.8 million square feet with some buildings rising more than 17 stories.

Because the proposal was submitted under the Live Local Act, city officials said their review is limited to determining whether it complies with local land development regulations and state law.

City Attorney Sarah Hedges said the process differs significantly from a typical public hearing.

"When someone submits an application under the Live Local Act, as we all know it, staff reviews this for the minimum code requirements. What we see normally in a public hearing where there's a discussion, if something is liked, not liked, if there are ways to improve it or not improve it, concerns, that is not what happens under the Live Local Act. Staff is tied by the state law, they are tied by the city's code, and they review that application based on only what is in the code and only what is in the state statute," she said.

Planning Director Kevin Freeman said the city is required to approve the application administratively if it satisfies the applicable regulations.

"It is required that the application is administratively approved. It needs to satisfy land development regulation that we have and is otherwise consistent with the comprehensive plan, accepting those limitations on density, FAR, height, use, and in certain respects, parking," he said.

The proposal includes 913 housing units, with 365 designated as affordable housing, as required under the Live Local Act. Freeman noted, however, that the affordability thresholds are based on state standards rather than local market conditions.

"If you pull up those numbers for Fort Pierce, which sits in the St. Lucie metropolitan area, they're very high. They're almost at market rate," he said.

The developer will be required to submit regular compliance reports for 30 years to demonstrate the project continues to meet the law's affordable housing requirements. Freeman said the city would have enforcement options if those requirements are no longer met.

"In my mind, they become illegal in terms of what they are approved to do there, and then the city has options to take enforcement action. The resolution of that could be development has to be removed, or the development comes in and applies for an alternative form of planning approval, which then does get reviewed by the planning board and city commission," he said.

Although the Fort Pierce Planning Board could not take action on the proposal, several members expressed concerns during the meeting about how the Live Local Act is being applied.

Planning board member Christopher Widing questioned whether the legislation was intended for developments of this scale.

"The biggest overriding concern, I think, for all of us is, I personally don't believe that the Live Local Act was designed for this at all. This first presentation by this developer is ingenuous. It's just really rough to swallow," he said.

According to city staff, the Causeway Cove project is currently under review by outside administrative agencies, including the Florida Department of Transportation.

Justin serves as News Director with WQCS and IRSC Public Media.