BREAKING: Two commissioners flip, killing GL Homes' land swap deal at 11th hour
The GL Homes' land swap is dead.
Two county commissioners, Mack Bernard and Mayor Gregg Weiss, who had both voted in May to transmit the controversial proposal to the state for review, changed their votes on final reading Tuesday, a rare event. Their flips were enough to kill the effort by the homebuilder to give the county land in the northwest part of the county, (Indian Trails Grove) in exchange for building a high-end development on preserved land west of Boca Raton on a 681-acre parcel known as Hyder West.
The vote was 4-3 against the swap with Commissioners Sara Baxter, Maria Marino and Michael Barnett voting yes. Bernard, Weiss, Maria Sachs and Marci Woodward voted no.
The vote came after a marathon 11-hour meeting. The commission chamber was packed with supporters with "approve the swap" and opponents with "Preserve The Reserve" T shirts.
Both Bernard and Weiss said much had transpired the past few months since the initial May vote.
Bernard, who in May said he liked the potential benefits of a water resource project to West Palm Beach, said Tuesday night he was concerned over the failure of GL Homes to answer the city's recent questions about the plan. He also was disturbed over the failure to submit more detailed plans to the South Florida Water Management District.
"You can put lipstick on a pig but folks it is still a pig," said Bernard, referring to all the sweeteners that GL Homes had offered to gain approval for the land swap.
He accused the home builder of trying to find the right board to advance its land swap, noting that it purchased the land more than 20 years and received approval in 2016 to build nearly 4,000 homes in Indian Trails Grove.
"They (GL Homes) have done nothing in all that time," Bernard said, explaining why he was voting no. He also was concerned over the precedent that would have been set, fearing that other developers would come forward with plans to build on preserve parcels.
'Too many loose ends' enough to reverse two votes
At issue was whether the county should change its long-standing policy of requiring that land swaps occur only within the Agricultural Reserve. Approval would have marked the first time the county allowed a homebuilder to swap land outside the Ag Reserve to build on land previously preserved within it. Indian Trails Grove is about 20 miles north of the Ag Reserve. Another policy change would be allowing development to occur west of State Road 7.
Voters approved a bond issue in 1999 to preserve open space; $100 million was used to preserve land in the Ag Reserve that resulted in about 2,400 acres being purchased by the county. The land is leased to farmers.
GL Homes preserved more than 6,000 acres, and, as a result, was allowed to increase the density in seven of its Ag Reserve developments. In order to build on preserved land in the Ag Reserve, GL Homes needed the county to lift the preservation easements that were placed on the Hyder West parcel.
"Those preservation parcels are God's land, not GLs," Bernard said.
The county Democratic Party, at the 11th hour, called on county commissioners to vote against the plan, claiming it "mortally threatens the Ag Reserve, a key provider of locally-grown produce and one of the most essential food-growing areas in the entire United States! This cannot be allowed to move forward."
Weiss, who turned out to be the pivotal vote, said there were "too many loose ends" for him to support GL Homes. It appeared that he was going to do exactly that as he spoke about the need to adjust to changing times, noting that Bethesda West Hospital was built in the Ag Reserve, something that was never envisioned. Weiss said there is still a need to address the county's long-term water needs, which he promised to address.
Approval would have been opened the Ag Reserve door for GL Homes
The County’s Agricultural Reserve Tier covers 22,150 acres west of Florida's Turnpike, east of the Arthur R. Marshall National Wildlife Refuge, north of Clint Moore Road and generally south of the Village of Wellington and Heritage Farms. Special rules were enacted to limit development and preserve agriculture there.
Steve Wallace, president of Coalition of Boynton West Residential Associations (COBWRA), presented petitions with 7,583 signatures of residents opposed to the swap. He pointed to Bernard's comments about the failure of GL Homes to address questions raised by West Palm Beach.
Commissioner Marci Woodward, the lone Republican to vote against the swap, said what GL Homes was asking for was not a "tweak," but "a death knell."
Baxter acknowledged that when she ran for office last year she said she would oppose the swap. She said she changed her mind after learning the details of the swap. She negotiated a recent change with GL Homes that called for a 250-acre ATV park in Indian Trails. The project had its share of supporters but residents of a nearby development were adamantly opposed to it.
Commissioners heard nearly three hours of public testimony, and that was with comment by each individual comment limited to two minutes. What follows is a small sampling:
The luxury homes proposed to be built would raise property values. and would benefit the entire south County region. — Jim Colluci, president of Stonebridge Country Club.
The naysayers do not live in West Boca. Our community members support this project. It is in our backyard. Our communities want it. The naysayers don’t live in West Boca. — Sheri A. Scarborough, president of the West Boca Community Council.
The donation of land for an apartment complex for seniors and the developmentally disabled would help to combat homelessness. — Jeffrey Zirulnick, CEO of Jewish Association for Residential Care.
There is a great need for affordable housing for older adults, and the project would help address the problem. — Danielle Hartman, Jewish Family Services.
Approval would amount to placing "the nail in the coffin of the Ag Reserve. — Debbie Murphy, COBWRA.
This a generational decision that could change the face of the Ag Reserve. Approval will result in others making similar proposals. — former county commissioner Karen Marcus.
This project has been blessed by three rabbis but this is not kosher. "Listen to the horses say nay." —Rabbi Barry Silver of Boca Raton.
GL Homes was able to build in the Ag Reserve by promising to preserve land in the Ag Reserve. Now they want to break that promise. — Joe O'Donnell.
How much influence did the county Democratic party play in the decision?
What impact the Democratic party's involvement had on the votes of Bernard and Weiss, both Democrats, was unclear. The Democratic Party appeared at an 8 a.m. demonstration outside the county administration building to oppose the land swap along with the Sierra Club, Audubon Society, 1000 Friends of Florida, the Environmental Alliance, Lake Worth Waterkeeper, Everglades Law Center and Congregation L'Dor Va-Do.
Mindy Koch, Democratic County Party Chairwoman, acknowledged that it is unusual for the party to become involved in a zoning issue but she told The Post that this issue has such county-wide impacts the party felt it had to take a stand.
Koch said she did speak with both Bernard and Weiss about the need to vote against the swap, noting that the party will make this a campaign issue in November.
County staff, as it did at the transmittal hearing in May, recommended that the project not be approved.
"The increase of residential development and the reduction in preserve acreage would alter the fundamental policy concepts to preserve agriculture in the Ag Reserve Tier and would significantly compromise basic concepts" of the county's growth management plan, said staff.
The report acknowledged that the construction of the water resource project, a reservoir, is a significant regional benefit but noted that it could take years before federal and state permits are obtained and then even more years before it would be built.
More: Changing landscape: Will GL Homes land swap deal signal an end to 50 years of protected land?
At the end of the day, a majority of county commissioners felt that there were too many unanswered questions to allow the project to move forward, especially as it related to the water resource project.
And Sachs questioned why GL Homes had not reached to residents at the developments that were able to be built as a result of land preserved at the Hyder West parcel. Those developments included Valencia Reserve, Valencia Isles, Canyon Springs, Canyon Lakes and Canyon Isles. She noted residents in those developments had a right to expect the Hyder West parcel to stay preserved as did other people who bought homes in the Ag Reserve.
Another issue that may have hurt GL Homes was its proposal for a county park west of Boca Raton. The parks department called for a donation of 50 acres, not the 25 offered by GL Homes, and it wanted a donation of $300,000 a year for 20 years to maintain the park. Gl Homes reported it could not agree to the request.
At Indian Trails Grove, GL Homes offered to:
Hire a contractor to build a multi-million dollar reservoir, and then convey the 1,600-acre parcel to the county.
Construct a 250-acre ATV park.
Agree to reduce already approved development in Indian Trails Grove from 3,897 units to 2,612 units, a reduction of 1,285 units.
West of Boca Raton, GL Homes' planned to:
Build a 1,000 unit, high-end development for senior citizens where homes are expected to sell for more than $1 million.
Construct 272 workforce housing units near the high-end senior development; 152 would be for sale units.
Provide land for a synagogue and a special-needs facility for seniors and developmentally disabled people.
Baxter asked GL Homes to calculate the dollar value of the public benefit it has created for Palm Beach County, such as the donation of land for county parks and a library.
Bernard countered by asking how much profit GL Homes has made in Palm Beach County on the developments it has built. GL Homes Vice President Kevin Ratterree refused to say, noting that the company is privately owned.
Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government and transportation. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today
This article originally appeared on Palm Beach Post: GL Homes controversial land swap Ag Reserve deal is killed
