Assistant County Administrator Ron Pianta and Pat McNeese with the Hernando County Planning Department presented the Comprehensive Plan on Tuesday, May 2nd at the Board of County Commissioners Workshop. The purpose of the Comprehensive Plan is to provide a “blueprint for growth and land use development going into the future.”
The Comprehensive Plan was adopted in 1989 and was amended in 1996 and 2003. Beginning in 2011, yearly updates to the Board of County Commissioners were instituted. The existence of the plan and its requirements are governed by Florida Statute (F.S. 163). The implementation is governed by the Florida Department of Economic Opportunity. Historically, county plans were governed by the Department of Community Affairs.
The Planning Department undertook maintenance of this plan in 2011 in response to growth of the population in the county. The population is expected to grow by more than 76,000 people by 2040, and while the available space within Hernando County is not an issue, the goal is to develop strategies to accommodate this growth and provide additional services.
Going forward, immediate goals for the plan itself are to reduce its size, make it better organized, and simpler to understand. The plan, which is available online, has already been reduced in size by 52%, consolidates four utility elements into one, and proposes that the number of maps be reduced by 74%.
County Attorney Garth Coller further explained the plan as “our constitution.” He went on to say that “it is the guiding document that essentially tells you how the county should look, act, feel, grow, function … and all subsequent land use regulations must be supported by the language in the Comprehensive Plan. Anything that is done as a law that is contrary to the Comprehensive Plan is de-facto illegal.”
McNeese described the Comprehensive Plan as a “Guiding Document,” but “needs to be definitive enough to withstand … legal challenges.” This document reflects the County’s policies and priorities.
McNeese described the conclusions of this update, which included protecting groundwater resources, rural area and character, while promoting economic development and tourism. Another item includes maintaining consistency with the 2040 long-range transportation plan in accordance with the Metropolitan Planning Organization (MPO), with which the current Comprehensive Plan strives to coordinate.
Commissioner John Allocco asked about definitions and rules of subdivisions. The legal definition of a subdivision is one that’s been platted and includes lots. Ron Pianta described the difference between commercial and rural subdivisions, which are approved administratively.
Concerned about infringement on the rights of property owners, Mr. Allocco asked about non-academic education requirements for different communities. Mr. Pianta explained that these are historically “development – specific requirements … because they were developments of regional impact.” Such requirements such as pet management are included in development plans and are negotiable, and is a mutual agreement, rather than a mandate. These would ultimately be included in the development’s bylaws, but not the comprehensive plan.
Commissioner Allocco asked for clarity in the earlier statement that the Comprehensive Plan is the “law of the land,” when an item can ultimately be negotiated or ignored. Mr. Pianta provided better clarity and made clear that his team are steering toward better dialog with the Board of County Commissioners.
Commissioner Wayne Dukes stated that words like “required” and “shall” … “is going to get us in trouble” and recommended that the county legal department consider changing the language, so that such items won’t be included in the Comprehensive Plan. County Attorney Garth Coller, stated that it is possible, however care should be taken to not infringe on the rights of developers when legally modifying the plan.
Speaking more about property owner rights, the board addressed future concerns of ecology and wildlife, with Commissioner Allocco addressing the main concern that years from now, excessive regulation could result in restricting individual rights.
Public comment began with a realtor’s letter which addressed the progress of the plan since 2011. Questions were posed to the BOCC about actual numbers of types of new residents to Hernando county when considering planning, as families will have different requirements than retirees.
Hernando county resident Shirley Miketinac addressed regulations and property owner’s rights, saying “This is about conservative and liberal, this is about private property versus socialistic for the public good … and government by consent instead of government by force.” Ms. Miketinac reiterated the use of non-negotiable language possibly deterring people from moving to Hernando county.
DeeVon Quirolo, defended the existing language of the plan, speaking on behalf of several activist groups in the county. She stated that the plan “provides a template for growth … and seeks to reduce urban sprawl.
Tina Henize also defended the existing plan. Ms. Henize works in conservation and ecological service, and states she would like to see “stronger natural resource and ag (agricultural) land protections, with heavier mitigation toward habitat connection and adaptation as population increases, and our climate and weather patterns and events become more unpredictable and severe.”
All Commissioners are in favor of removing restrictive language within the Comprehensive Plan.
John Mitten was not present at the meeting, but ended a letter stating, “My recommendation is that every restriction beyond the minimum required by the State of Florida, have a compelling argument and be clearly delineated as a county addition … However when possible, let them stated on premises Hernando County decides, not on those decided for us.”
There will be future hearings before the March 2018 Final Adoption meeting, and The Hernando Sun will continue to follow the plan’s progress.
Links for current plan and draft plan updates: http://www.hernandocounty.us/plan/2040-plan Patricia McNeese, AICP may be reached via email at: pmcneese@hernandocounty.us or telephone: 352-754-4057, ext. 2801