FORT PIERCE — State Rep. Dana Trabulsy urged the Fort Pierce City Commission on Monday to challenge the controversial Causeway Cove development, arguing that a potential error in the city's zoning map could affect whether portions of the project qualify under Florida's Live Local Act.
The proposed 1.8 million-square-foot development includes multiple hotels and condominium buildings, with some structures planned to rise more than 17 stories. The project has drawn opposition from some Fort Pierce residents.
The development also was discussed at a recent planning board meeting, where city officials said their ability to intervene was limited because the project was submitted under the Live Local Act. The law was designed to speed development of affordable housing and allows qualifying projects to bypass some local government processes, including certain council approvals, if they meet state requirements.
Fort Pierce Commissioner Michael Broderick has questioned whether the project's proposed housing would meet the intent of the law.
"I believe that the affordability is an issue. If you do the calculations, it comes out that the units are going to be renting for approx. $3,000 per month," he said. "In the city of Fort Pierce, that's not considered affordable. That's actually considered a higher end rental."
Broderick also raised concerns about the city's authority over the project and the possibility that other developments could seek to follow the same path.
"The thing that's really disturbing here is the removal of home-rule," he said. "I got a serious issue with that, because now we have developments on the island teeing up behind this one to try and piggyback on it."
Trabulsy told commissioners she agreed the project was not appropriate for Fort Pierce and pointed to what she described as a discrepancy in the city's geographic information system mapping.
"The A2 development zoning district currently has 42 acres, including plus or minus 18 acres of uplands and 24 acres of submerged land. The submerged lands are still within the A2 aquatic development zoning district. However, the current city GIS map shows color coding of C5 on the entire parcel, including the submerged lands," she said. "This is a Scribner's error. Therefore, SB102 is only applicable to the 18 plus or minus acres zoned C5 and what I believe to be a major oversight. The aquatic area or submerged lands within the site are within the A2 aquatic development zoning district and therefore not covered by the live local act."
Trabulsy recommended that city officials take action to review the project's approval and seek outside legal expertise.
"It is my recommendation that the city of Fort Pierce commissioners and the city attorney should instruct the city of Fort Pierce planning director to notify the applicant and the owner of Causeway Cove that the project approval is hereby administratively rescinded or the city should bring an appeal under code section 125-34 due to the discovery and findings of a Scribner's error as to the city GIS mapping," she said.
She also recommended that the commission bring in an attorney specializing in land-use law and the Live Local Act.
"It is also my recommendation that the city commission should instruct staff to engage special outside counsel for expertise in land use law and SB102 live local act on behalf of the city's interest in this project," she said.
Mayor Linda Hudson thanked Trabulsy for raising the concerns and assisting the city in its efforts regarding the development.
"Because so many people want to preserve Fort Pierce, the charm, the small town, the whole ambience. People chose Fort Pierce for that reason and so I appreciate very much you helping us with this endeavor because this will turn Fort Pierce into something that none of us want," she said.