Reacting to a new state law that limits counties’ authority to deny certain agricultural land development proposals, St. Johns County residents raised concerns about the law’s effects on growth, infrastructure, land use and traffic during public comment at the Board of County Commissioners meeting July 21.
Florida Senate Bill 686, signed April 24 by Gov. Ron DeSantis and effective since July 1, created a streamlined review process for residential development on land certified as an agricultural enclave.
Under the statute, landowners and property developers bypass the traditional comprehensive plan amendment process and instead apply directly for agricultural enclave certification.
When a property is certified, counties must treat a proposed development as a conforming use and cannot deny it based on consistency with the comprehensive plan, future land use designation, zoning or traffic impacts.
Citing the potential for thousands of new homes being added to the county, resident Joe McAnarney asked the commission, “Are we ready?”
“I hope that you feel, as we all do, a sense of urgency,” he said.
The county is reviewing six applications seeking agricultural enclave certification, including a proposal from the Davis family, founders of Winn-Dixie, to develop 4,462 acres in northern St. Johns County, the largest of the six applications.
Several speakers urged the commission to retain outside legal counsel to explore options for challenging the law and slowing what they viewed as unwanted development.
“I’m here to ask the board to direct the county attorney to seek injunctive relief to stop SB 686, the agricultural enclave, from being enforced against St. Johns County while the legality is tested in court,” resident Suzanna Pavelle said. “I’ve come to you guys in the past to talk about overdevelopment and how we really need infrastructure first. And what I’m concerned about is, in the first eight days this law went into effect, six applications were filed.”
“Now, I’m not a lawyer, but from what I understand, the issue is that this will erase the authority the board has.”
Resident Kerri Gustafson echoed the need for outside counsel.
“Please. Please. I know your staff must be busy, but we’ve spent money on tons of other legal issues,” Gustafson said.
In addition to the Davis property, the other five applications cover sites throughout St. Johns County, including properties near Pacetti Road and Grand Lakes, west of Florida 16, along Watson Road west of U.S. 1 and near the Interstate 95/Florida 207 interchange.
The commission took no action on the agricultural enclave applications during the meeting.
All enclave applications are scheduled for public hearings Aug. 19 at a special meeting. If no action is taken within 90 days of the filings, the applications will be automatically approved for enclave certification.
Commissioner Krista Joseph, who said she could not comment on the merits of SB 686 because individual applications are pending, acknowledged residents’ concerns.
“As you saw, the people that came here, they’re very adamant that we hire an attorney for an injunction ahead of time,” she said. “We do listen to them. I don’t know if that will happen.”
During the commissioner report portion of the meeting, Commissioner Ann Taylor said she supports the hiring of outside counsel.
Under review ...
St. Johns County is reviewing six applications for agricultural enclave certification under Senate Bill 686. Details on each are below.
Project name: Adler Creek
Acreage: 610
Location: East of Pacetti Road and the Grand Lakes development, west of the future County Road 2209
Owner: Pacetti Investment Group LLC ET AL
Agent: Casey Dendor, England-Thims & Miller Inc.
Project name: Heritage Development East
Acreage: 615.41
Location: East of Interstate 95 and south of Florida 207
Owner: Heritage Development Company of NE Florida LLC (Mastercraft Builder Group)
Agent: Robert Walters, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
Project name: Heritage Development West
Acreage: 550.78
Location: East of Interstate 95 and south of Florida 207
Owner: Heritage Development Company of NE Florida LLC (Mastercraft Builder Group)
Agent: Robert Walters, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
Project name: N. Palm Valley Rd.
Acreage: 4,462
Location: North of Nocatee Parkway and west of Intracoastal Waterway, east of the Duval County line
Owner: BR4700 LLC (The Davis Family)
Agent: Ellen Avery-Smith, Rogers Towers, P.A.
Project name: Osceola Lakes
Acreage: 143.29
Location: South of Wildwood Drive and north of Watson Road and about 1 mile west of U.S. 1 South
Owner: Geoffrey Young/Osceola Lakes LLC
Agent: Blake F. Deal III, Briley & Deal LLC
Project name: Star IV Investments
Acreage: 176
Location: West of Florida 16, south of the Grand Oaks development and north of the Windward Ranch development.
Owner: Star Investors IV Limited LLLP (Star 4 Mitigation Bank)
Agent: Casey Dendor, England-Thims & Miller Inc.