BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
May 11, 2021
The following is a
non-verbatim transcript of the Board of County Commissioners Meeting of
Seminole County, Florida, held at 2:30 p.m., on Tuesday, May 11, 2021, in Room
1028 of the Seminole County Services Building at Sanford, Florida, the usual
place of meeting of said Board.
Present:
Chairman Lee Constantine (District 3)
Vice Chairman Amy
Lockhart (District 4)
Commissioner Robert Dallari (District 1)
Commissioner Jay Zembower (District 2)
Commissioner Andria Herr (District 5)
County Manager
Nicole Guillet
Deputy County Attorney Paul Chipok
Clerk of Court and Comptroller Grant Maloy
Deputy
Clerk Terri Porter
Work
Session Agenda Items #1 and #2 were heard in the morning.
OPENING CEREMONIES
Deacon Kurt Slafkovsky,
St. Peter’s Catholic Church, Deland, gave the invocation. Nina Yon with The Sharing Center led the Pledge of
Allegiance.
AWARDS
AND PRESENTATIONS
Agenda
Item #3 – 2021-2689
Motion by Commissioner Herr, seconded by Commissioner Dallari, to
adopt a Proclamation proclaiming May 13, 2021 as the Sharing Center’s 35th
Birthday in Seminole County, Florida.
Districts 1, 2, 3, 4, and 5 voted
AYE.
Nina Yon, President and CEO, The
Sharing Center, accepted the Proclamation.
Agenda Item #4 – 2021-2688
Motion by Commissioner
Dallari, seconded by Commissioner Zembower, to adopt a Proclamation celebrating
the Rotary Club of Oviedo’s 50th Anniversary.
Districts 1, 2, 3, 4, and 5 voted
AYE.
Agenda Item #5 – 2021-2682
Motion by Commissioner
Zembower, seconded by Commissioner Dallari, to adopt a Proclamation proclaiming May 16 through May
22, 2021 as Emergency Medical Services Week in Seminole County, Florida.
Districts 1, 2, 3, 4, and 5 voted
AYE.
Chief Otto Drozd, Fire Department,
accepted the Proclamation.
Agenda Item #6 – 2021-2681
Motion by Commissioner
Lockhart, seconded by Commissioner Herr, to approve and authorize the Chairman
to execute appropriate Resolution #2021-R-60 recognizing Paula J. Thompson,
Public Information Education Officer, Fire Department, upon her retirement.
Districts 1, 2, 3, 4, and 5 voted
AYE.
Ms. Thompson accepted the Resolution
with appreciation.
COUNTY MANAGER’S CONSENT AGENDA
With regard to public participation,
no one spoke in support or opposition to any consent agenda items, and public
input was closed.
Commissioner Dallari noted that in
connection with Consent Agenda Item #7, Ms. Harper had been with the Friends of
the Library for many years. He wanted to
extend the invitation to join him when he presents the resolution to Ms. Harper
in person.
Motion by Commissioner
Dallari, seconded by Commissioner Lockhart, to approve the following:
County Manager’s Office
Business
Office
7. Approve
and authorize the Chairman to execute appropriate Resolution #2021-R-61
recognizing Elizabeth “Libby” Wright Harper on the occasion of her 100th
Birthday. (2021-2680)
8. Adopt a
Proclamation proclaiming May as Older Americans Month in Seminole County,
Florida. (2021-2621)
Economic
Development
9. Approve an Amendment to the Jobs Growth Incentive
(JGI) Agreement between Seminole County and CentralSquare
Technologies (formerly Superion, LLC), extending the
job creation schedule by one year, due to the COVID-19 pandemic. The second
incentive installment of $200,000 for the creation and maintenance of 200 jobs
to be adjusted from FY2020/21 to FY2021/22; the third incentive installment of
$89,000 for the creation and maintenance of 89 jobs to be adjusted from
FY2021/22 to FY2022/23. (2021-2673)
Office
of Emergency Management
10. Approve
and authorize the Chairman to execute the Memorandum of Agreement (MOA) for
three (3) sets of electric vehicle charging stations
with Florida Power and Light (FPL) as part of the Local Mitigation
Strategy. (2021-2713)
Development Services
Planning and Development
11. Authorize release
of a Cash Maintenance Bond for paving and drainage in the amount of $6,588.95
for the International Parkway Free-Standing Emergency Room; Central Florida
Regional Hospital, Applicant.
(2021-2649)
Public Works
Traffic Engineering
12. Approve and authorize the Chairman to execute a Traffic Enforcement Agreement between Seminole County, Seminole County Sheriff's Office and Wentworth Estates HOA, Inc. (2021-2678)
Resource Management
Budget
13. Approve
and authorize the Chairman to execute appropriate Resolution #2021-R-62
implementing Budget Amendment Request (BAR) #21-054 in the amount of $1,573,334
through the 2014 Infrastructure Sales Tax Fund reserves for the Ronald Reagan
Blvd Resurfacing Project (CIP# 02207080).
(2021-2672)
14. Approve and
authorize the Chairman to execute appropriate Resolution #2021-R-63
implementing Budget Amendment Request (BAR) #21-055 transferring $57,533 within
the Disaster Preparedness Fund from operating to capital and approve the
purchase of capital items. (2021-2714)
15. Approve and
authorize the Chairman to execute appropriate
Resolution #2021-R-64 implementing the Budget Amendment Request (BAR) #21-057 through the General Fund to appropriate $45,000
from reserves for additional professional services. (2021-2683)
Purchasing and Contracts
16. Waive the
procurement process and authorize Single Source Procurement SS-604130-21/TLR -
Purchase of the rehabilitation of a Belt Filter Press (BFP) from Andritz
Separation, Inc., Arlington, TX and authorize the Purchasing and Contract
Division to issue a Purchase Order in the amount of $145,900.00 for the
Greenwood Lake Wastewater Treatment Plant, BFP.
(2021-2662)
Districts
1, 2, 3, 4, and 5 voted AYE.
COUNTY
ATTORNEY’S OFFICE
Agenda Item #17 – (2021-2671)
Galileo Schools Educational Facility Revenue Bonds/SCIDA
Paul Chipok, Deputy County Attorney,
addressed the Board to advise this is the Galileo School Foundation Educational
Facility’s revenue bonds in the amount of $33 million and that this does not
obligate the County; it is merely a formality pursuant to the Tax Code. He added it is a resolution in support and
these funds have been issued by SCIDA.
With
regard to public participation, no one spoke in support or opposition, and
public input was closed.
Motion by
Commissioner Zembower, seconded by Commissioner Lockhart, to approve and
authorize the Chairman to execute appropriate Resolution #2021-R-65, solely for
the limited purposes of Section 147(f) of the Internal Revenue Code, the
issuance by the Seminole County Industrial Development Authority (the
“Authority”) of not exceeding $33,000,000 of its Educational Facility Revenue
Bonds (Galileo Schools for Gifted Learning Project) for the principal purposes
of making a loan or loans to the Galileo School Foundation, Inc. (the
“Borrower”) to finance or reimburse the Borrower for the costs of the Project
(as such terms are defined in the Inducement Resolution of the Authority), fund
certain reserves, capitalize interest and to pay certain expenses incurred in
connection with the issuance of the Bonds, which is located in the County; and
providing an effective date.
Districts
1, 2, 3, 4, and 5 voted AYE.
REGULAR
AGENDA
Agenda Item #18 – 2021-2675
JGI Funding Agreement
Microvast,
Inc.
Tricia Johnson, Deputy County Manager, addressed the Board to present the request as outlined in the agenda memorandum. She advised the JGI program is performance based; no incentive is paid out until all jobs are created and maintained for a vesting period of two years. The company will be required to submit annual reports to the County demonstrating compliance with the Grant Agreement prior to each payment. The County’s return on investment for this project is approximately eight months.
Ms. Johnson advised that although this project is located within the City of Lake Mary, the City has chosen not to participate in this incentive project.
Ms. Johnson noted that Mr. Casey Barnes, VP of Business Development, and Ms. Casey Evans, Director of Business Development, Orlando Economic Partnership, are in attendance today as well as Brian Yamamoto, Director of Research and Development for Microvast.
Commissioner Lockhart commented that this JGI is transparent and provides accountability and a structure that can be followed and measured, and she thanked staff for their work in bringing this to the Board because it is easy for her to support.
Chairman Constantine stated he has been very difficult on many of these requests to ensure that they comply with things that are important. They did change, by putting a checklist together, how they vet these. He added he is disappointed that Lake Mary has chosen not to participate. The Chairman noted that when looking at the job positions, they do not want them to be top heavy, with a few making a lot of money and everyone else making the minimum wage. He asked if the $80,000 average salary is across the board or whether it has an L-curve to it. Ms. Johnson responded that seven positions including the R&D Director, Chief Scientists, and Chief Engineers have a salary of $135,000 annually; the Lab Managers, Senior Scientists, Engineers, and Simulation Programmers total 25 positions at $115,000 annually; there are 55 positions at $65,000 annually for Lab Technicians and Test Engineers; and 13 positions at $40,000 to $50,000 per year that include Facilities Engineers, Accountants, and Machinists. She added that is absolutely well over the average annual wage for this project.
Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to approve the Jobs Growth Incentive (JGI) Funding Agreement between Microvast, Inc. and Seminole County providing an incentive of $1,000 per job, for total Local Financial Support of $100,000 for the creation of 100 new jobs.
Districts 1, 2, 3, 4, and 5 voted AYE.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
PROOFS OF PUBLICATION
Proofs of publication for this
meeting’s scheduled public hearings were received and filed.
--------
Ex parte
from all Districts were submitted into the record.
PUBLIC HEARINGS – QUASI-JUDICIAL
Agenda
Item #19 – 2021-2674 (Continued from April 27, 2021)
Sylvan
Estates SSFLUA and PD Rezone/WJ Homes, LLC
Joy
Giles, Planning and Development, addressed the Board to present the request as
outlined in the agenda memorandum. She
advised staff recommends approval.
Chad
Moorhead with Madden, Moorhead and Stokes addressed the Board on behalf of the
Applicant. He entered into the record a
Community Meeting Notice with attachments, and the mailing addresses and
meeting sign-in sheet (received and filed).
He noted they mailed 98 notices within a 500-foot radius and they had
four people attend. Mr. Moorhead also
submitted four letters of support (received and filed) that were in addition to
those in the agenda backup.
Mr.
Moorhead reviewed his slide presentation (received and filed) describing the
project and plan. He noted that two and
one-half-acre lots surround the subject property as the trend in the area. They feel this is a reasonable request. They heard at the Planning and Zoning
meeting, there were concerns with traffic in the area, so he spoke with the
County’s Transportation Engineering Department and asked what the capacity is
for a typical Seminole County two-lane road.
The answer was that per the Comp Plan, there are 19,360 average daily
trips, which is a lot of traffic, and the latest trip counts on S. Lake Sylvan
Road are somewhere around 700 average daily trips, which shows that the road is
way under capacity. He added there were
some concerns with drainage and then displayed a pre-development drainage map
of the proposed Sylvan Estates, Lake Sylvan Oaks (the first project done on
this roadway), and Sylvan Trails. He
said probably two-thirds of the drainage runs to the northwest, which goes into
Lake Sylvan. In the post development,
the two on the east have emergency overflows that go to Pearl Lake. This proposed project will hold the 100-year,
24-hour storm event and they would have to work with staff on where the
emergency overflow would go. It is
possible that it goes to the east, to the existing retention pond, or it is
possible that it would go back out to S. Lake Sylvan, but that is after a 100/24-hour
storm event which is 10.6 inches of rain in 24 hours.
Mr.
Moorhead stated they agree with staff’s recommendation; however, yesterday they
received a request from the adjacent subdivision, Lake Sylvan Oaks, for a
10-foot buffer along the property’s east side, which is the first time they had
been asked for a 10-foot buffer. He
tried to revise the plan to find a way to provide that 10-foot buffer and do
all the tree saves they have on the west side.
He provided the plan to staff this morning with the same amount of tree
saves. Staff agrees with it in theory
but needs to review it more thoroughly.
He advised it provides the 10-foot buffer on the east side that the
residents asked for and they feel it is a “meet in the middle.” It is a combination of reducing the western
buffer down to 25 feet, their internal right-of-way to 40 feet, which has been
done in several projects in this area over the years, and again, give the
10-foot buffer on the east side. Providing
that 10-foot buffer does not provide any more tree saves because they are
really not in that 10 feet, but they thought it was important to try to provide
that. They ask that the Board approve
the staff recommendation, which they are fine with, or this
“meet-in-the-middle” plan, Plan B, between the residents that are out there.
Commissioner
Herr questioned whether staff had enough time to review the revised plan. Ms. Giles responded she did review the
proposed changes this morning. Basically,
they are just adding additional buffer width to the east and subtracting slightly
from the west. They are still preserving
all of the initial trees on the western perimeter and they are still proposing
28% open space within the development and the tree saves will be the same.
Commissioner
Herr confirmed they have increased the buffer to the east with a decrease in
the buffer to the west. Mr. Moorhead
added they went from a 29-foot+/- buffer to 25 feet on the western perimeter. Then adjacent to Lot 8, they had a 20-foot
buffer and they increased that to 25 feet.
So, it is all 25-foot buffer on the west side and it is 10-foot buffer
on the east side. Ms. Giles displayed
the proposed cluster plan and further explained how they created the additional
10 feet.
In
regard to public participation, Chairman Constantine read letters of support
that were submitted by Mr. Moorhead from the following: Meagan and Brian Stevens, Jennifer and David
Hair, and Allan and Kathy DeNola. Commissioner Zembower noted there are also
seven letters included in the agenda memorandum in support. The following citizens spoke in support: Jason Quint and William Breen. Chairman Constantine indicated that he was
handed a petition with the names of almost 700 people who are opposed to
overdevelopment in Seminole County (received and filed). He then read written comments in opposition
from Ervin and Gina Hart, Wil Maneker, Kam and
Kristen Jackson, and Larry and Gina Holbrook.
Jen Ferguson spoke in opposition and submitted photos, letters and a petition,
which is a duplication of the petition submitted previously. The following individuals spoke in opposition
via communications technology: Dr. James
Shoukas, Christmas Barber, Dr. Paul Algeri, Michelle Morrill, Dr. Christopher Pearson, and Grey
Wilson. The following were in attendance
and spoke in opposition: Judy Ryan,
Nancy Harmon, Joe Humphreys, Cindy Haller, George Sellery,
Emily Turner, Wafa Esposito, Natalia Rodriguez, and then
Jen Ferguson spoke again. (Documents/photos
were received and filed from Ms. Ferguson, Ms. Ryan, Mr. Humphreys, Ms. Haller,
Mr. Sellery, and Ms. Turner.) No one else spoke in support or opposition,
and public input was closed. Public
Speaker Forms, Written Comment Forms, and CMT registration list were received
and filed.
In
rebuttal, Mr. Moorhead addressed issues in connection with traffic, sidewalks,
open space requirements, the retention pond and tree saves, density
calculation, zoning and the impervious area, the recharge area, and buffers. He added this is kind of a phase three of an
existing project and it is an enclave.
The majority of those who have spoken against this are probably a
quarter of a mile to the west. He does
not disagree that it will affect them somewhat with the 12 homes on this
roadway, but one-acre lots on this piece of property, based upon the trend of
development around it, would not fit at this point, which is why they feel what
they are asking for is a reasonable request.
He asked the Board to go with staff’s recommendation of approval.
Commissioner
Herr requested Mr. Moorhead address one of the issues brought up regarding the
buffer on the Buckingham Estates side and the question of a wall versus a
buffer. Mr. Moorhead advised he believes
it was just a statement, but there is an existing wall on the west side of the
subject property, which is Buckingham’s east side, everywhere except for the
last two lots, and he pointed that out on the map. The homeowner wanted no wall so they could
see the horses. They are preserving the
trees that they said they would and advised they met with Mr. Breen
onsite. They are aware of the trees he
would like to save and they feel they can still preserve those that are
directly behind his home.
Commissioner
Herr stated someone mentioned an accident with a dump truck and noted with the
construction that is going on around SR 46 right now, there are dump trucks all
over their surface roads. She asked if
they have the capacity to only bring the dump trucks in through Orange
Boulevard. Mr. Moorhead responded yes,
they can require that the contractor do that.
He added they do not anticipate having many dump trucks, if any, because
they anticipate the site balancing; usually they are importing or exporting
fill with dump trucks. Commissioner Herr
confirmed that they will require the contractor use Orange Boulevard for all
the trucks, not just the dump trucks.
Per
Commissioner Herr’s request, Ms. Giles restated, in connection with the net
buildable calculation, that under their old definition of net buildable, they
did require that rights-of-way also be subtracted from the net buildable
calculation. That was updated in 2014 in
the Comprehensive Plan; the Land Development Code was not updated at the same
time. That is something that still needs
to be done, but the Comprehensive Plan is the correct definition for the net
buildable density. Deputy County
Attorney Paul Chipok confirmed that is accurate. He indicated that pursuant to state law, the
Comprehensive Plan will control over any inconsistency with the land development
regulations.
Commissioner
Herr pointed out the question continues to come up of how can one home to one
acre equal two and one-half homes to one acre.
She understands the question and said she lives on one acre in this
county, and she can build whatever she wants and drop as much cement on that
ground as she wants. Mr. Chipok
confirmed that is correct. He added if
the development moves forward with the zoning it has in place, Suburban Estates,
it is straight zoning and there are no restrictions, as they discussed
earlier. The arbor ordinance does not
apply and each lot could be clear cut.
If it goes into the PD, you are allowed to place conditions over the
property. The Developer in this
situation has offered buffers along the west perimeter to preserve the trees,
which if it is straight zoning, there is no guarantee that those trees will
remain. So given all those factors,
county staff has done the calculation and come up with
the conclusion that the two and one-half units per acre are better than the one
to one, one unit per acre, in this particular situation, because of the
conditions that can be placed over the property.
Commissioner
Herr stated they were onsite and viewed the level of the lake, and what they
need to address is the idea that this development will drive the level of the
lake versus what they think is driving the level of the lake, so she would like
to get that on the record. Jean Jreij,
Public Works Director, addressed the Board to advise that staff is working with
their consultant at St. Johns River Water Management District (SJRWMD) to get
permission to lower the level of the lake.
He said they are going to be maintaining the 100-year storm onsite and
it should not affect the fluctuation of the lake. Commissioner Herr asked where the drainage
goes from that property as it sits today.
Mr. Jreij responded that today it probably stays onsite because it is a
big piece of property, almost five acres.
It is in the Yankee Lake Basin, so all of that area will eventually
drain there. Commissioner Herr questioned
if what the developer is proposing is a self-contained pond that will go
elsewhere and potentially not into Lake Sylvan.
Mr. Jreij responded it will percolate into the ground and the impact on
the water table is very minimal for that type of development.
Commissioner
Herr asked Mr. Chipok to address the notion of community amenities as it
relates to clusters and asked if the retention pond is an amenity and is the
buffer an amenity. Mr. Chipok replied in
that situation interpretations of the Land Development Code are in the domain
of the Planning Manager. Commissioner
Herr read from the document that was handed out by Mr. Sellery,
“Common open space: a type of open space
designed and intended for use or enjoyment of the occupants.” Mary Moskowitz, Planning and Development
Manager, addressed the Board to explain that in the code, they do include amenitized stormwater ponds as counting towards the open
space, and they can look at the amenity as something such as grass or a walking
trail along the stormwater pond, and that would count towards the open space
requirement. They have counted the use
of buffers in PDs as open space as well.
Again, if it is amenitized, people have
utilized those for walking animals or in this case, the preservation of the
trees. It could be something that can be
seen as an amenity and counted towards the open space requirements. Commissioner Herr said so preservation of a
tree is an amenity, which makes “Plan B” an option since that condenses the
width between the four homes in the back of the subdivision to what might be
narrower than is walkable by the other eight neighbors. Ms. Moskowitz stated she is correct.
Commissioner
Lockhart stated they need to get a process in place that when the Comp Plan is
updated, they are not waiting seven years to update the Land Development
Code. She does not know how to get that
process in place, but she thinks it is something they probably ought to have.
Commissioner
Lockhart said she heard several times citizens saying they did not want this
high-density development. She asked Ms.
Giles to define high density and low density.
Ms. Giles explained that under the Comprehensive Plan, low-density
development is four units per acre.
High-density development is over 12 units per acre. So under the Comp
Plan as it is established, this is not a high-density development.
Commissioner
Lockhart noted they heard a lot about the clustering provision, and asked Ms.
Giles to explain that clustering provision, if it applies or doesn’t apply, and
how it impacts what is before them today.
Ms. Giles clarified that the Comprehensive Plan does provide a few
different policies for cluster subdivisions.
The primary intent of the cluster subdivision in the East Lake Sylvan
transitional area is to minimize impacts and preserve existing vegetation and
wildlife and resources that are on the property. That can be done through more open space
provisions than what is generally required; it can be done through greater
buffers. If there are wetlands onsite,
then those wetlands would be preserved and that would be considered clustering
of the development in order to preserve those wetlands. On this site, there are no wetlands, but they
are providing larger buffers than what would typically be required from a
standard subdivision, which would be no buffer.
And they are requiring a higher amount of open space of 28% instead of
the minimum of 25%, so in doing so they are able to preserve trees. Commissioner Lockhart asked if the reason
buffers are not required is due to the fact there are two compatible uses right
next to one another, and Ms. Giles noted that is correct.
Commissioner
Lockhart remarked she also heard discussion about infill development and she
has heard the terms “urban sprawl” thrown around. She asked if Ms. Giles can help define
whether or not this is urban sprawl or this is infill development. Ms. Giles advised it would not be considered
urban sprawl because there are already developments just like this one along South
Sylvan Drive. She would not consider it necessarily
infill either because as it stands now, it is already being utilized as a
single-family residence. Infill would be
a piece of property that was not developed and everything else around it was
developed, and so all of the services are already there, but the property is
just not developed.
Commissioner
Lockhart commented she guesses that one thing they will continue to struggle
with as a board is that these five-acre, ten-acre, these smaller parcels are
the majority of what is coming before them right now. As they look at the Land Development Code or
as they look at rewriting some things, do they need to be thinking differently
about some of these smaller redevelopment-type projects. She sees this as compatible with what is
around it, but this is a continual thing that they are seeing. The community is struggling with that and it is
causing a lot of consternation, and this is pretty much what is left for them
to work with. So, she is open to hearing
from staff about what tools they might need in their toolbox to help with these
projects because she is not sure they have figured out exactly the right way to
go about it. Ms. Giles said she knows
they are looking at small area studies.
She is not sure that is something they would necessarily do in this area,
because there is not much property left to develop in the East Lake Sylvan
area.
Commissioner
Herr commented her perspective is they have a lot of discussion around bigger
issues that are getting lumped into this vote, and those other issues are
related to how they interpret traffic counts, the road conditions. The builder is responsible for what is in
front of that division and not the entire road, and if the County were to go
through to improve that road, they would hear from just as many people about
how they do not want their front yards taken. The issue with regard to the lake is a bigger
issue, it is an up and down lake. It has
been like that for years, but that does have their full attention and staff is
committed to seeing that through to the end.
She cannot in her mind determine how they would not move to approve this
based on the fact that it is absolutely an enclave and that she would not want
to purchase a one-acre lot surrounded by the other lots, which is what was done
to this homeowner.
Motion by Commissioner Herr, seconded by Commissioner
Lockhart, to adopt Ordinance #2021-22 enacting a Small Scale Future Land Use
Map Amendment from Suburban Estates to Planned Development; adopt the
associated Ordinance #2021-23 enacting a Rezone from A-1 (Agriculture) to PD
(Planned Development); and approve the associated Master Development Plan and
Development Order, for a 12-lot, single-family residential subdivision on 4.8 acres, located on the south side of South
Sylvan Lake Drive, approximately one-half mile west of Orange Boulevard, with
the exception to the Development Order
that it would be “Plan B” and that the associated changes to the buffer numbers
would be made; WJ Homes, LLC, Applicant.
Under
discussion, Commissioner Zembower spoke in support and explained his
reasons. Chairman Constantine provided his
comments in opposition, and Commissioner Dallari said he believes the
additional 3% increase is not adequate for the cluster zoning. Commissioner Herr noted the requirement is
25%, so it is an additional 3% including the buffers, and it is the 24 trees
that are being retained and the self-contained water; it is not just the
3%. The final discussion involved
Q&A regarding sheet flow and 100-year storms.
Districts
2, 4 and 5 voted AYE.
Districts
1 and 3 voted NAY.
Motion passes 3 to 2.
--------
Chairman
Constantine recessed the meeting at 5:38 p.m.; reconvening at 5:45 p.m.
Agenda
Item #20 – 2021-2600
The
Cove at Sanford Farms LSFLUA and PD Rezone/Zach Miller
Ms.
Giles presented the request as outlined in the agenda memorandum.
Zach Miller, Applicant, addressed the Board
stating he knows Orange Boulevard is in the process of being improved and that
it is getting somewhat fast tracked.
They would like to be able to pay into a fund as opposed to building a
turn lane, and they can help to ensure that gets engineered accordingly, but it
seems fruitless for them to build it and then have the County tear it up three
months later. In addition, staff has
asked for a landscape buffer and drainage easement on the easterly side of the
southern portion. The County owns the
property adjacent to them and in between that is the drainage ditch. He thinks it was called George or Georgia
Street at one point. They are asking to
utilize that buffer and landscape drainage easement as being one in the same at
10 feet. Right now, it is being shown as
10 feet, but it is also asking for an additional landscape buffer between the
county property and this subject property.
Those are the only adjustments they are asking for on what is proposed.
Commissioner Herr questioned why they would
come to the Board at one point with a set of buffers and then come to them with
a reduction in a buffer, even though it is up against their open ground. She added this is about bears walking through
the trees. Mr. Miller pointed out that
just to the north of that on the other side of the ditch is a wall, so they are
not required to have any kind of buffers or landscape. Commissioner Herr commented they came
previously with a set of numbers and that was what was voted upon. Mr. Miller stated they are maintaining the
numbers that were voted on; the only difference is they are looking to combine
basically the landscape buffer and the drainage easement to be one in the same,
adjacent to the county property, because the County will have a retention pond
there. He said this would not affect
anybody over there with the landscape buffer and he is not protecting anybody
from the landscape buffer visually.
Commissioner Lockhart expressed that what she
has heard in the past is they really cannot maintain landscape where they do
drainage, because they have to have drainage instead of landscape, so how are
they combining them. Mr. Miller stated
the intent is that it would be maintained from the opposite side of the ditch. Commissioner Lockhart reiterated if they are
going to keep trees, she wants to make sure she understands the request, how do
they put in drainage where there are trees and keep trees. Mr. Miller replied because it will sheet
drain into the ditch. Commissioner
Lockhart clarified they are not talking about laying a pipe. Mr. Miller pointed out a different easement
where a pipe would be laid.
Commissioner Zembower asked whether staff has
looked at this issue closely. Ms. Giles stated
she wanted to clarify the request saying they are requesting a reduction in the
drainage easement from 15 feet to 10 feet.
Mr. Miller said they would acquiesce to 15 feet if need be. Ms. Giles stated that is going to depend upon
if Public Works will approve that reduction, because she believes that was
something that was reviewed earlier and perhaps required. Commissioner Zembower remarked he thought Mr.
Jreij looked at that the last time they were here and made some
statements. Bill White, Development
Review, Public Works Engineering, addressed the Board to respond. He stated there is an existing ditch, which
is the drainage that goes out towards Michigan, and it is a major ditch. They had asked that they get a maintenance
berm adjacent to that ditch, and then outside of that maintenance berm would be
the landscape buffer for the development.
He advised they are not in favor of that being combined. They didn’t quite get enough survey, but if
they have enough room to have that maintenance ditch and then shift the
landscape over, they are more than happy to do that during final engineering. But at this point in time, he would not
support a reduction on the east side.
With regard to public participation, Cindy
Haller spoke about the fence on the north side that faces Ohio, not having a
sidewalk and the sidewalk fund, a bear sign to bring awareness, open space and
residential density. Ms. Giles responded
to Ms. Haller’s questions.
Commissioner Herr stated the concept of paying
into the fund versus the County doing those roads seems to her to have the
potential for having a gap of a new development built, no turn lanes, and then
the pressure goes to the County for adjusting the turn lanes. She asked that someone walk her through the
timelines. Mr. Jreij stated the
Commissioner is correct. He has a
concern about not having the requirement of a turn lane between now and when
the County would do that roadway. He
would not have an issue if they had 90% design and they could do the property
acquisition they need, but they are hoping to start late next year, and there could
be a delay depending upon the condition of Orange Boulevard. He would feel better if they keep the
requirement for the Developer to put in the left-turn lane.
Commissioner Zembower asked about the timing
of doing a left-turn lane, and Mr. Jreij responded they can coordinate on the
time when they start, but it will be at least two years before the County
starts construction on their roadway in that area. If the Developer is not going to develop for
another year or year and a half, and they only have a six-month difference, yes
it doesn’t make sense and they will work with them. But where they stand today, he has a concern.
Commissioner Zembower stated he wants to make
sure the public understands that this is really a second reading on this. The discussion they are having is for
adoption. He noted Ms. Haller commented
she would like to see smaller lot sizes; however, he stated that ship has
sailed. Chairman Constantine noted the
first hearing of this was a transmittal hearing, and you can transmit it and it
can come back and you can be against it.
And the density can be lowered if they choose to do that. He just wanted to clarify. The Chairman added he voted against this the
last time and this is just a simple philosophy that they are going
through. He agrees with Commissioner
Lockhart that there is a problem and these continue to come to the Board and it
is the same argument, especially in Commissioner Herr’s district.
Motion by Commissioner Herr,
seconded by Commissioner Lockhart, to adopt Ordinance #2021-24 enacting a Large
Scale Future Land Use Map Amendment from Suburban Estates and Planned
Development to Planned Development; adopt the associated Ordinance #2021-25
enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD
(Planned Development); and approve the associated Development Order and Master
Development Plan for approximately 13.5 acres, located at the north side of
Orange Boulevard, approximately one-fourth mile east of North New York Street,
with the coordination of the left-turn lane between County staff and the
Developer to minimize disruption to the community; as described in the proof of
publication.
Commissioner Zembower added that
includes for the Developer to pay in for the cost in the event the Developer is
not going to do the infrastructure.
Commissioner Herr agreed that the Development Order contemplates that the
Developer is building it, and the coordination would not give away the
financial burden back to the County.
Under discussion, Commissioner
Zembower talked about transitioning and the pressure that will be put on the rural
boundary. Chairman Constantine disagreed
that this has to do with the rural boundary and noted they have a very
important resource known as the St. Johns and the Wekiva River Basin. He said this is the single, largest water
resource in the region, and they keep building into it. He felt this changed a few years ago when
they changed that definition of density, which is why he keeps bringing that
up. He opined that no one wants to
protect the rural boundary more than he does, but that this is not
“either/or.”
Commissioner Lockhart stated it is
hard for people to find housing right now and there are 1,000 people moving to
Florida every day; people move here more than they leave here. She is not saying you protect one more than
the other, but one is rural and one is not.
She opined part of the conversation that she is asking that staff
contemplate is the education piece, because what she hears over and over again,
is that wonderful, good-meaning folks come to the podium who say they love
their neighborhoods and that they live in a rural area, and it is not
rural. If you have sidewalks and
streetlights and fire hydrants and a McDonald’s within five minutes to run your
kids through the drive-thru before baseball practice, you are not in a rural
area. That, she thinks, is causing some
of the angst in that they are using words that have definition out of
place. So, they need to be very careful
when they are having dialogue with one another that they are honest about the
fact that, yes, these are important recharge areas and you are very passionate
and rightfully so about protecting those important water bodies, but this isn’t
rural. Somewhere there is a
balance. That “water in the balloon” is
being squeezed on both ends and they have to find that balance, and part of it
is through being transparent and having some hard conversations about real
definitions. That is why she always asks
staff if they can explain, for example, is this urban sprawl, because they
throw these words out and they allow people to come and give public testimony
using those words, and no one ever corrects them. They have got to be really judicious about
that. Chairman Constantine stated that
she is absolutely right that this is not rural, but everything they do there
stresses the resource. He agreed they
need to find a balance.
Commissioner Herr stated the energy
is wonderful to the discussion, but it is just not in the right place at the
right time, and quite honestly, when they had the right place and the right
time, they actually didn’t muscle through this.
She thinks there is an opportunity given there is alignment with the
notion that they have to rethink the governing documents of these discussions. They cannot be doing this from the dais,
bring up the fact that if they calculated it from the old rule, well the old
rule is the old rule, it is gone. She
cannot calculate it under the old rule because that is legislating from the
bench and there are rules against that. What
went on before she got here, she cannot explain, but they had a community in
the middle of all this other stuff that got built around them, and it is too
late; that ship has sailed. But what the
ship has not sailed on is the fact that they need to, at the Board’s direction,
have somebody from the team or a group of people from the team that are pulled
out of their current functions that do nothing but revisions to the plan,
outside of prepping for these meetings that they have over and over again and
have the same discussion, because that takes them out of the progress. They will be having this same discussion in
her fourth year if they don’t stop what they are doing and make those hard
decisions now. But that means they need
a team of staff that is pulled out, that is led by somebody that is amazingly
competent at this, and they lead them down the path of solutions. And they look to other communities and they
look to forward-thinking communities and maybe some backward-thinking
communities, because they have a little bit of both here. They cannot every year do their strategic
plan and kind of dabble at it, but that is what they are doing. And they also can’t continue to have these
discussions with people that have a motion on the floor.
Districts
2, 4 and 5 voted AYE.
Districts
1 and 3 voted AYE.
Motion passes 3 to 2.
PUBLIC HEARINGS – LEGISLATIVE
Chairman Constantine advised there
has been a request by staff to continue Legislative Public Hearing Item Nos.
21, 22, 23 and 24 to June 22, 2021.
Motion
by Commissioner Dallari, seconded by Commissioner Zembower, to continue to June
22, 2021, at 1:30 p.m. or as soon thereafter as possible, the following four
Public Hearings:
Agenda
Item #21 – 2020-0017
Mobility
Fees Land Development Code Amendment
Request to adopt an Ordinance
amending Chapter 120, Road Impact Fee, Seminole County Land Development Code,
to revise and refine the regulations to replace Road Impact Fees with Mobility
Fees; as described in the proof of publication.
Library Impact Fee Ordinance
Request
to adopt an Ordinance amending Chapter 115, Library System Impact Fees,
Seminole County Land Development Code, to revise and update the Library Impact
Fee provisions and the Library Impact Fee rates; as described in the proof of
publication.
Agenda
Item #23 – 2021-2685
Fire
and Rescue Impact Fee Ordinance
Request to adopt an Ordinance
amending Chapter 110, Seminole County Land Development Code, to revise and
update the Fire and Rescue Impact Fee provisions, and to revise and update the
Fire and Rescue impact Fee rates; as described in the proof of publication.
Agenda
Item #24 – 2021-2684
Water
and Wastewater Capacity Fees
Request to adopt a Resolution
amending Section 20.45, Water and Wastewater Capacity Fees and User Charges,
Seminole County Administrative Code, by revising and updating the water and
wastewater connection fees and methodologies; as described in the proof of
publication.
Districts
1, 2, 3, 4, and 5 voted AYE.
LEGISLATIVE UPDATE
Tricia
Johnson, Deputy County Manager, addressed the Board to advise their legislative
representatives, Ron Book and Oscar Anderson, will provide a legislative recap of
the 2021 Legislative Session. In regard
to their federal appropriations requests, she advised Congresswoman Murphy’s
Office has submitted two of their requests.
The first is the Little Wekiva River cleanup request for a little over
$600,000. They were originally going to
request $1 million, but they have to pay a percentage of that as part of the
appropriations criteria. And the other
submitted request is for the E.E. Williamson Trail and Road project, which will
be about $4.3 million if it is fully funded.
Of course, they have not gotten the thumbs up for funding yet, but they
have cleared a couple of really big hurtles.
She noted that all the details are in an email sent to them by Ms.
Guillet last week including the other projects that were submitted as well.
Ronald
Book provided his update via Communications Media Technology, followed by Oscar
Anderson with the Southern Group, Inc., who presented in person.
COUNTY MANAGER’S REPORT
Ms.
Guillet reminded that she had emailed the Commissioners a letter from the
Sheriff asking for authorization to pursue licensing for piloting unmanned
aircraft for drones. They have to apply
through the County Attorney’s Office to get that license.
Motion
by Commissioner Herr, seconded by Commissioner Lockhart, to authorize the
Sheriff’s Office to move forward with the application process to license the
piloting of unmanned aircraft (drones) through the Seminole County Attorney’s
Office.
Under discussion, Commissioner
Zembower stated he is not necessarily opposed to participating, but he thinks
the public needs to have a clearer understanding about what drones are going to
be utilized for and what they might or might not be utilized for. He thinks there needs to be dialogue. Commissioner Lockhart wondered if the Sheriff
knew there would be dialogue today, because he should probably be a part of
it. Ms. Guillet noted they could request
he give more information next Tuesday.
Commissioner Dallari said it is always good to have transparency to
understand what it is going to be used for, so he has no problem with the
Sheriff giving a presentation.
Districts 1, 2, 3, 4, and 5 voted
AYE.
--------
Ms. Guillet stated she had
distributed an update on the Emergency Rental Program (received and
filed). They are almost at a 40% spend
on this. They have been reaching out to
non-profits, to the School Board, and they are attempting to get with the
Sheriff’s Office, their Youth and Families program, to try to make sure they
can get the word out, especially now that they expect that the eviction
prohibitions are going to be lifted.
Ms. Guillet said the Board may be
aware, but they got some additional space at Reflections for temporary workers
to help administer this. They are
looking at establishing a storefront for folks that maybe are not prepared to
go through the electronic application process.
That is important because they are also getting another $11.2 million
through the American Rescue Plan. This
money has a spend deadline at the end of this year and that money has a spend
deadline of December 2024. She does not
think it will take them that long to spend that money, but she is a little
concerned about making sure they get this money spent by the end of the
year. So, they are making some pretty
strident efforts to coordinate with everybody to make sure they know this money
is available.
In regard to the American Rescue
Plan, yesterday they received guidance from the Treasury Department. They are still getting through it on the
staff level. The interim rule is 151
pages, so she does not have a briefing for the Board on that today. They will share some of that information with
them at the budget work session next week.
They should be able to at least give some insights on what is in
there. She is also meeting with the City
Managers again next Monday to talk a little bit more about coordinating
resources, so she will give an update on that on Tuesday as well. She noted they will continue to send
information to their offices as they receive it.
FUTURE AGENDA ITEMS
Commissioner Herr shared she does
have two future items that she will have to submit documentation for. These are not time sensitive. One is an ordinance around the treatment of
circus animals should they ever have a circus in town. Surrounding areas are implementing ordinances
and if they don’t get in front of this, they will be the recipient of
circuses. Also, they need to get a
handle on what their position is with regard to hobby breeders of domestic
animals. The one she is wrestling with
right now is dogs. She was told they
have a puppy mill ordinance, but that ordinance does not protect them from what
is happening in the community, so they need to address that. She explained the circus animal issue came
through the County Manager’s Office and she has met with them. The proposal is very logical, which would not
be needed if they had an ordinance that said no live animals in circuses in
Seminole County. No objections were voiced.
Public
Comment on Items Not Related to the Agenda
Andrea
Sefick requested to speak regarding communicating
with government officials. She addressed
the Board to discuss what happened over the last couple of commission meetings
in connection with lifting the mask mandate.
Also, she had asked for someone to provide her with a peer-reviewed study
that could be replicated that proves that different types of masks being used
actually stopped the virus particles from getting through, and she said that
has not happened yet. She then relayed
her opinions about the statements and actions of several commissioners.
Joe Humphreys addressed the Board
and thanked Commissioner Herr for her efforts on behalf of the Markham area
residents. They have seen a tremendous
improvement in traffic and with their other concerns. He also thanked Commissioners Herr and
Lockhart for their input today regarding development trends, the issue that
keeps coming back over and over again.
He then thanked all the Commissioners for their service.
Speaker Request Forms received and
filed.
DISTRICT REPORTS
District 1
Commissioner
Dallari reported he was informed that the noise ordinance citation is a few
weeks away from being approved through the court system. He noted the process has taken quite a while. He asked Mr. Chipok to inform the Board when
that does take place. Mr. Chipok advised
the administrative order has been executed by the Court and the Sheriff’s
Office is working with their Code Enforcement Officers to work out the details,
so when they show up at the court, the Court knows what is going on.
--------
Commissioner
Dallari stated that Commissioner Steve Wolfram from the City of Altamonte
Springs has passed away and he would like a letter of condolences sent to the
family. He said he did a lot of
wonderful things for Seminole County and the region as a whole.
--------
Commissioner
Dallari distributed a fire report with photos (received and filed) stating
there was a fire in the Springs area a couple of weeks ago. When the firefighters connected to the fire
hydrant, the hydrant’s bolts had disintegrated and it disconnected from the
main so they could not actually use it.
He noted Utilities, Inc. is the water company responsible for that
hydrant. He did commend the Seminole
County Fire Department who got a tanker truck and took care of putting the fire
out. The Commissioner expressed he wants
to make sure that Utilities, Inc. is held accountable. He thinks Utilities, Inc. should be paying
for reimbursing the County for use of the tanker truck, if from a legal
standpoint that is something they can do.
He also thinks they should contact the Public Service Commission to let
them know that the number one thing when it comes to public safety that
Utilities, Inc. should be doing is making sure a fire hydrant is operable,
which they did not do. He does not know
the proper protocol or steps to do this.
Commissioner
Lockhart questioned who on staff has already talked to Utilities, Inc. Fire Chief Otto Drozd responded they reached
out to Utilities, Inc. to the maintenance division and made them aware of the
issue. There are a couple of things in
progress. They are required to give the
County their annual inspection reports per state statute, so they are
requesting that not only of Utilities, Inc. but of all the water purveyors
within the county. The annual tests that
need to be done do not address the connection to the main, however. They will seek, through the County’s avenues,
to address the connection of the hydrant to the main and have them focus on
that as well.
Commissioner
Lockhart wondered if they have been getting these annual inspection reports,
and up until now, have never seen a problem.
She asked if they have always shown that they had done their
inspections. Chief Drozd responded they
have not been getting them on a regular basis, although that is something that
passed recently in state statute that requires them to give them to the County. Commissioner Lockhart questioned if that was
something that just passed within the last couple of years. Chief Drozd replied he will have to follow up
on when exactly it passed. Commissioner
Lockhart opined this is a terrible issue, but on the other hand, she does not
want to put it out there that a private company has not been reporting
something that was required; she just wants to ensure they have the correct
information.
Commissioner
Lockhart wanted to know who is responsible to ensure that those fire hydrants
are inspected and whether it is the County’s responsibility to hold those
companies accountable or is it some other agency. Chief Drozd advised the water purveyors are
responsible for making sure that the hydrants are within working order, so it
falls squarely on them. From the Fire
Department’s perspective, they have been going around over this last year since
he came on board and really looking at all the hydrant systems, because that is
part of their ISO effort. This is one
that while they go out and they flow test them, up to the point that it comes
off of the main, it is something they really don’t encounter in the normal
maintenance inspection of hydrants.
Everybody may be doing exactly what they are supposed to be doing, but
this is an issue that falls outside of the parameters of what a normal hydrant
test would be, which is why they need to address it in a more substantial
manner, to make sure that they are looking at that connection to the main so
something like this does not occur in the future.
Commissioner
Lockhart stated ultimately, they are accountable to someone; they cannot just
be self-reporting. She imagines that
they would have to be reporting to the PSC, to the State Fire Marshall, and
asked who are they ultimately accountable to for these. Chief Drozd reiterated that through state
statute, they are accountable to give the County those reports on an annual
basis, and he will follow up on when that was actually enacted and make sure
that they put a process in place to get those on an annual basis. Commissioner Lockhart stated she understands
they have to give the County the reports, but she wants to know who they are
accountable to. Commissioner Herr asked
what happens if they don’t give the reports to them. Commissioner Dallari added they need to put a
formal complaint in, and Mr. Chipok stated they will research that and work
with the Fire Department.
After
a comment by Commissioner Zembower about the bolt size and best practices,
Environmental Services Director Dr. Terry McCue addressed the Board and
explained that specifications and standards are unique to each utility. It would be up to Utilities, Inc. to define
those for the attachment of the hydrant to the main. Commissioner Zembower noted that they should
at least be following, at a minimum, the manufacturer’s recommendations.
Commissioner
Herr commented that maybe this should be brought back since none of the other
Commissioners were made aware of it and it is just being brought up in a
district report. Commissioner Dallari
clarified that the Fire Chief, Environmental Services Director and the County
Manager were aware of this issue because he spoke to all three of them about
it. He also mentioned to them that to
get full direction, he felt it would be appropriate to bring it up at the
meeting today so he can have dialogue with the Commissioners to give staff full
instructions, because he cannot give the staff direction. Ms. Guillet stated they learned about it at
the end of last week, and staff is working it.
Commissioner Dallari said he wants the County Attorney and county staff
to tell them what their direction is so they can understand what their next
steps are.
Commissioner
Zembower noted he had a question on this process, just for clarification. He appreciates Commissioner Dallari bringing
this to them to have discussion, but he doesn’t necessarily believe that this
Board needs to give direction on something like this as a body. His expectation is that if there is a public
safety issue in their community, that their management, their attorneys, their
Fire Chief, and Police, should just pick up the ball and make happen what needs
to happen. He opined the Commission is
here to set policy and budget, and this is more of a management issue.
A
lengthy discussion ensued about their process for this type of situation. Chairman Constantine stated Commissioner
Dallari has brought the issue to them after making staff aware and now it is in
staff’s hands. It would probably be
appropriate that they bring back a report as to what has happened. They all agree that it is a public safety
concern and the track record of Utilities, Inc. is not good. Commissioner Zembower opined this rises to the level that they should have all been made
aware of this. Chairman Constantine
stated this is not a reflection on anyone here but he does think this rises to
the level that they all, probably, should have been made aware. They talked about this at the retreat that if
something happens in someone else’s district, to make sure that they get any
information to them.
District 4
No
report.
District 5
Commissioner
Herr thanked staff for using the Menzi Muck Excavator to clean out under Martin
Luther King Blvd. There was a citizen
complaint and they were able to report that all was taken care of and staff did
everything wonderfully.
District 2
Commissioner
Zembower reminded everyone that this is Police Appreciation Week. Additionally, he reported on upcoming
meetings in his district.
--------
Commissioner
Zembower stated he is happy to introduce the procedure that they adopted some
months ago, but before he goes down that road and entertains that and goes
through the effort, he just wants to see what the flavor of the Board is
related to this next topic. He does not
know how many of the Commissioners know Justice James Perry who is from this
area. He was the first African American
judge in Seminole in the 18th District Court and he was also a
Supreme Court Justice here in the State of Florida from their district. The Commissioner indicated he would like to
see what the Board’s thoughts are about possibly naming the courthouse after
Justice Perry. He would like to see what
the flavor or temperature might be before he goes down the road of doing all
the documentation that is being required and formally bringing that
forward. Ms. Guillet asked if he is
talking about the Annex and he replied that he is. Chairman Constantine said it is worth
discussion, and Commissioner Dallari added he has no issues with it. Commissioner Herr stated she will be
abstaining from the discussion but seemed to recall something about people
being alive versus passed away.
Commissioner Lockhart stated Judge Perry is a wonderful man and she
thinks very highly of him and is always happy to honor someone like that. She does not know if naming a building is the
best way to do it at this stage of the game, but she is fine if staff wants to
bring something specific forward.
Commissioner Zembower stated he will file the appropriate paperwork and
get it to staff to bring it forward.
District 3/CHAIRMAN’S REPORT
Chairman
Constantine reported on several outside board meetings that he attended since
the last BCC and some that are upcoming.
-------
Chairman
Constantine advised Orlando Health is holding a Night of Champions presentation
whereby the Seminole County Sports Hall of Fame will induct eight new members. He would like to offer resolutions
recognizing Eric Taylor for the Inclusion Award, Chris DiMarco for Male Athlete,
Pat Costello for Female Athlete, Randy Harvey for Male Contributor, Stephanie
Best for Female Contributor, Terry Cordell, Ronald “Lefty” Renaud, and former
Superintendent of Schools William “Bud” Layer for the Legacy Award.
Motion by Commissioner
Dallari, seconded by Commissioner Lockhart, to approve appropriate Resolution
#2021-R-84 through Resolution #2021-R-91 recognizing eight new inductees into
the Seminole County Sports Hall of Fame.
Districts
1, 2, 3, 4, and 5 voted AYE.
--------
Chairman
Constantine noted the Board had asked him to get the letters on the borrow pit
for Commissioner Dallari, and he sent it out to all of them. He asked if anybody has any further
information and advised he has been talking to Commissioner Sean Parks about
others that are in that area.
Commissioner Parks indicated that Lake County is on top of it and trying
to either stop them or get them permitted.
--------
Chairman
Constantine stated that Mr. Don Epps, who was in attendance earlier today,
would love to have Robin Hill moved up on the list for a sidewalk. He asked that staff look into that because he
would like to see when that might happen.
--------
Chairman
Constantine noted he would also like to have a workshop in connection with net
density at the next Land Development Code work session. Commissioner Zembower pointed out they gave
staff direction last year to start going through the Land Development Code step
by step. He asked if that is staff’s
understanding. Ms. Guillet replied that
is what they have been doing. Commissioner
Zembower questioned whether they want to prioritize because the net density
continues to come up. Chairman
Constantine stated he would like to have a full and free discussion, not here
but at a work session. Commissioner Herr
mentioned she never, in a million years, would expect them to modify code to
the degree that it sounds they need to modify code, piece by piece. So they do not have
unintended consequences, it does not make sense to her to continue to do this
piece by piece. She understands low-hanging
fruit, but this is a big thing that the Chairman just brought up and so she
really does want them to give some consideration to the notion that they have a
team. They had teams that were dedicated
to COVID for a year and a half, and as they start to pull people back from
that, do they have the possibility to pull a team of Land Development Code
experts, with a leader that this is what they do for the next 60 days and, “Let’s
see how far we get and let’s see how we can look at it holistically.” Otherwise, they are doing this
piecemeal. Chairman Constantine said he
agrees with her. This was a suggestion
that came up and was voted on at the following BCC meeting and he thinks it has
had a great deal of unintended consequences since then. But, he said this does not take a lot of
analysis. This is projection of the
future and he does not want to get into this debate, but it is a decision of
whether or not they automatically give developers the density before they have
negotiated, because they can do that under PD.
In the past they counted right-of-way and wetlands out of density, and
today they only count wetlands out of density calculations. Commissioner Zembower added it doesn’t impact
all applications because not all parcels have those items on it to be
considered part of the equation.
Chairman
Constantine remarked that what they have found over those seven years is that
it has increased automatically the density by 15%, which is a lot. They have a lot of cities that use it because
of density. He would like to have a true
debate. Commissioner Zembower said in
honesty and fairness to staff, he understands what Commissioner Herr is saying,
so if that is what they are going to do, they need to be prepared to fund that,
because the Land Development Code is not something they can fix like this. Many aspects are outdated and many aspects do
not match state regulations. Many
aspects don’t consider new or emerging technologies. Many are in contrast. Commissioner Herr added they are in conflict
with each other.
Commissioner
Dallari noted they have a consultant that is working on this and asked how far they
are in the process. Ms. Hammock responded
they are probably getting to about 60% or 70%.
She indicated the process has slowed down a bit because they have not
been able to dedicate as much staff time to it, partly because they were a
staff member down and due to COVID, they did freeze the senior planner
position. Commissioner Dallari then
questioned when she thinks they will actually be done with it. Ms. Hammock replied they are getting to the
point now where they are actually starting to write code. They have been through what they believe are
kind of the major issues in that they wanted policy direction from the Board,
but now they will be bringing actual code language. And then there are cleanup items that need to
be done. She is hoping to be done by September of this year, and that is when their
contract is up. Commissioner Dallari added
that the issue was that certain staff people left on their own accord, and
there are some vacancies they are trying to fill, and hopefully they can fill
those soon. Ms. Hammock stated their
goal is to be done by the end of this fiscal year. Right now, they are down two positions in
current planning, and they are also down a senior planner. They are asking for the senior planner
position to be funded again; that position was in the long-range team.
Ms.
Hammock said to clarify the issue on the net buildable acreage definition, it
is something that was amended in the Comprehensive Plan and those were
identified as changes that were needed in the Land Development Code, and as
they saw from earlier today, there are several areas within the Land
Development Code that need to be updated for consistency. It is her understanding, in the past, those
have always been on the list of changes that were needed to be made. The question was then, do they bring all the
changes together as a whole, comprehensively, and now it has just extended into
years. If they were to readdress the net
buildable issue, it would be a Comprehensive Plan change and not a Land
Development Code change, at this point.
Her understanding is the development community stakeholders brought it
forward to be consistent with what other jurisdictions were doing at the
time.
Commissioner
Zembower said he is fearful that they are setting themselves up for failure for
this deadline of this fiscal year, because they are going to bring suggestions
back to this Board and then they are going to all debate and then give
direction, which they will need to go back and fix and then bring back to make
sure that was the intent of the Board.
He would love to have it done, but he does not know of any quicker way
other than to sub it out and pay some big money to bring some serious
consultants, heavyweights, in and fast track it, and get it done.
Ms.
Guillet commented they started this Land Development Code update almost two
years ago, and Rebecca is correct that for years there were fits and starts
about how they should update it. The
Board settled on a process and they brought in the consultant. They were going to bring the bigger issues to
the Board. They have seen that every
time they do one of these Land Development Code updates, Ms. Hammock has her
section, and those are small, one-off issues that have come up, and while the
Board is talking about the Land Development Code, they do want to get their
feedback on those. That has been the
process they have been going through.
Ms.
Guillet stated as Ms. Hammock indicated, they are going to start code drafting,
but this process was really to deal with issues to modernize the code and to
deal with inconsistencies and issue that they have identified. Her expectation is in two years from now,
they will be addressing the Land Development Code again, because they have this
community conversation on land use policy coming up. She thinks they have this round of the Land
Development Code update under control.
They do need to hire at least one person to manage this community
conversation land use policy, and she thinks they will get into some of the
weightier issues that they are hearing about every meeting during that process
as well. They will have to do that again
after they take a hard look at the land use policy. Where they want to plug in this net density
discussion is really up to the Board.
They can bring it to them as part of the Land Development Code as one of
these issues that they have identified separately, but it will require a Comp
Plan Amendment. On any of these things
staff brings to them on the Land Development Code discussion, it is always at
the Board’s discretion if they want to pull something out and do it
separately. Their intention has been to
bring a package to the Board at the end of these discussions so that everything
is coordinated and drafted in a coordinated way. She does not think the fact that the net
density issue involves a Comp Plan Amendment as well precludes it from being
part of the Land Development Code discussion; it can be a part of that.
Commissioner
Herr expressed every time they do that, it slows the bigger process down, and
Ms. Guillet agreed. Commissioner
Zembower said that is the peril they run by not revisiting this and it should
be on a schedule. Chairman Constantine
pointed out the Land Development Code should be ongoing because it never stops,
so when they identify a problem, they should not wait until they get everything
together. He does not think that is the
right way to do it either.
Commissioner
Dallari stated this was changed because of the downturn in the economy, and
building basically was down. The Building
Department at one point was concerned there was not going to be much for them
to do, and that has changed obviously, and they are doing a phenomenal
job. One of the suggestions that people
came up with was changing the net density calculation and they did that fairly
quickly. There is no reason why they
can’t do that fairly quickly if the Board wants to do that. Commissioner Lockhart noted she just thought
she heard the County Manager say that it would be a Comp Plan change. Ms. Guillet confirmed it would be a Comp Plan
Amendment, so it is a longer process than Land Development Code. Commissioner Lockhart asked the County
Manager how long of a process it is, and Ms. Guillet responded this happened in
2014. It was advanced by the development
community who asked the County to take a look at it. The decision to move forward was made very
quickly, the process is longer because it is a text amendment and you have to
go through two readings of it, so it takes a longer amount of time to do that,
but there was not a lot of discussion about it.
Commissioner Lockhart asked then from the point of the decision being
made to the Comp Plan change, how long was it, and Ms. Guillet responded it was
probably about six months.
COMMUNICATIONS AND/OR REPORTS
1. Letter dated April 30, 2021 from James D. Stansbury, Chief of the Bureau of Community Planning and Growth, Florida Department of Economic Opportunity, to BCC Chairman Constantine re: Review of Proposed Comprehensive Plan Amendment #21-02ESR.
cc: R. Hammock, Development Services, and H. Harling, ECFRPC Director.
2. Letter dated May 4, 2021 from Kelly D. Corvin, Regional Planning Administrator, Bureau of Community Planning and Growth, to BCC Chairman Constantine re: Review of Adopted Comprehensive Plan Amendment #20-04ESR by Seminole County Ordinance #2021-12. cc: R. Hammock, Development Services, and H. Harling, ECFRPC Director.
3. Letter dated May 7, 2021 from Georgia L. Lorenz, Ph.D., President of Seminole State College of Florida, to BCC Chairman Constantine re: Partnership to Promote Critical Workforce Education funded by COVID Federal Relief Funding (American Rescue Plan).
cc: BCC; Tricia Johnson, Deputy County Manager; and John Gyllin, Seminole State College Vice President of Resource and Economic Development.
--------
There being no further
business to come before the Board, the Chairman declared the meeting adjourned
at 7:00 p.m., this same date.
ATTEST:_____________________________Clerk___________________________Chairman
tlp