CAPTIONING OCTOBER 8, 2009 BOCC PUBLIC HEARING LAN DEVELOPMENT CODE TEXT AMENDMENTS - ROUND 2 2009 ***This is not an official, verbatim transcript of the ***following meeting. It should be used for informational ***purposes only. This document has not been edited; ***therefore, there may be additions, deletions, or words ***that did not translate. >>KEN HAGAN: GOOD EVENING, AND WELCOME TO OUR FIRST PUBLIC HEARING FOR OUR LAND DEVELOPMENT CODE TEXT AMENDMENTS, 2009, ROUND 2. THIS EVENING, BEFORE WE -- TO INTRODUCE THINGS, I'LL PASS THINGS OVER TO MS. HARVEY. >>PAULA HARVEY: THANK YOU, BOARD MEMBERS, AND GOOD EVENING. AS YOU -- AS THE CHAIRMAN MENTIONED, THIS IS A PUBLIC HEARING ON THE SECOND ROUND OF AMENDMENTS FOR 2009. WE'LL CULMINATE THIS PROCESS ON OCTOBER 22nd WITH A FINAL HEARING, AT WHICH TIME WE'LL CONSIDER ADOPTION FOR ALL OF THE AMENDMENTS THAT ARE PROVIDED FOR ON TONIGHT'S AGENDA. THE MEETING THIS EVENING IS ONLY TO RECEIVE PUBLIC COMMENT ON THE AMENDMENTS THAT WE HAVE LISTED, AND AT THIS TIME, I WOULD LIKE TO INTRODUCE JOE MOREDA, WHO WILL BRIEFLY DESCRIBE EACH OF THE AMENDMENTS AS NEEDED FOR YOUR REVIEW AND RECEIVING PUBLIC COMMENT. >>KEN HAGAN: GOOD EVENING, JOE. >>JOE MOREDA: GOOD AFTERNOON, COMMISSIONERS. JOE MOREDA WITH THE PLANNING AND GROWTH MANAGEMENT DEPARTMENT FOR THE RECORD. THE FIRST ITEM IS A PRIVATELY INITIATED AMENDMENT TO PROVIDE INCENTIVES OR FURTHER INCENTIVIZE OUR CURRENT CONSERVATION SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE. MR. MIKE BROOKS IS HERE TO MAKE PUBLIC COMMENT AS I UNDERSTAND IT. >>KEN HAGAN: GOOD EVENING, MR. BROOKS. >> GOOD EVENING, MR. CHAIRMAN AND COMMISSIONERS. I'M MICHAEL BROOKS, FOR THE RECORD, 500 EAST KENNEDY BOULEVARD, SUITE 200, 3362 -- 33602. ETHEL HAMMER AND I HAVE FILED THIS PETITION, AND SHE'S NOT ABLE TO BE HERE THIS EVENING, BUT YOU HAVE IN FRONT OF YOU AS PART OF THE BACKUP TWO STAFF REPORTS THAT ARE COMING CLOSER, AND IT'S THROUGH A LOT OF EFFORT ON ALL SIDES, AND WE DO HAVE FURTHER MEETINGS BEFORE WE COME BACK BEFORE YOU, AND I THINK WE WOULD LIKE TO PUT A FORMAL PRESENTATION ON AT THE SECOND HEARING IF THAT'S OKAY AND CONTINUE OUR PROGRESS, SO THANK YOU. >>KEN HAGAN: THANK YOU, SIR. >>JOE MOREDA: ANY QUESTIONS? >>KEN HAGAN: ANY QUESTIONS OR COMMENTS FROM BOARD MEMBERS? [LAUGHTER] >>JOE MOREDA: FOLLOWING MY PRESENTATION -- >>JIM NORMAN: [INAUDIBLE] >>JOE MOREDA: YOU DON'T LIKE THEM? YOU KNOW, I'VE HAD A LOT OF COMMENTS ON THEM. SERIOUSLY. JOE MADDON STYLE. NEXT ITEM IS ITEM "B." THIS IS TO ADD LANGUAGE TO THE GENERAL ACCESS STANDARDS. IT EFFECTIVELY ESTABLISHES THRESHOLDS FOR THE NUMBER OF DRIVEWAYS AND THE SPACING OF THE DRIVEWAYS THAT WILL SERVE A PROJECT. IT ALSO ESTABLISHES STANDARDS FOR CONNECTIVITY AND ADDS CRITERIA FOR A STREET TO BE ADDED INTO THE COUNTY'S STREET SYSTEM. MR. ALUOTTO IS HERE IF YOU HAVE ANY QUESTIONS ABOUT THIS ITEM. >>KEN HAGAN: THIS IS A PUBLIC HEARING. WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? QUESTIONS OR COMMENTS FROM BOARD MEMBERS? THANK YOU, JOE. >>JOE MOREDA: NEXT ITEM IS ITEM "C." THE PURPOSE OF THIS AMENDMENT IS TO REPLACE THE PLATTED SUBDIVISION WITH NO IMPROVEMENT SECTION IN THE LAND DEVELOPMENT CODE WITH A NEW SECTION ENTITLED THE MINOR SUBDIVISIONS. THIS WILL BE APPLICABLE TO SUBDIVISIONS WHICH ARE TEN LOTS OR LESS IN THE RURAL SERVICE AREA, AND IT WILL REQUIRE MINOR IMPROVEMENTS FOR THE PROPER CURRENT AND FUTURE ACCESS TO THE LOTS. RIGHT NOW PRIMARILY THESE ARE DONE THROUGH EASEMENTS. THIS WOULD ESTABLISH A STANDARD FOR A NEW WHAT IS CALLED A LOW-VOLUME PRIVATE ROAD. MR. ALUOTTO IS ALSO HERE FOR THIS ITEM IF THERE ARE ANY QUESTIONS FROM THE BOARD OR CITIZENS. >>KEN HAGAN: THIS IS A PUBLIC HEARING. WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? GOOD EVENING, SIR. >> GOOD EVENING, COMMISSIONERS. MY NAME IS DEWAYNE HURLBURT. I LIVE AT 109 -- 1009 NORTH FORBES ROAD, PLANT CITY, FLORIDA. THE REASON I'M HERE TO DISCUSS THIS AND BRING IT TO IS WE - - BACK IN '08 WHEN THIS WAS FIRST TAKEN DOWN -- AND WE'VE BEEN AT IT AND AT IT AND AT IT OVER MANY TIMES, MR. ALUOTTO, MR. CAMPBELL AND I AND OTHERS. BASICALLY AT THIS POINT I PRETTY MUCH AGREE WITH WHERE WE'RE AT WITH THIS THING EXCEPT IN THE TEXT -- IN THEIR 10.01.05(B)(3)(J). ONE OF THE CRITERIAS THAT THIS CALLS FOR -- AND YOU GOTTA REMEMBER THAT WE'RE OUT IN THE RURAL AREA PRIMARILY FOR THESE STRUCTURES -- IS THAT THIS IS A HARDSHIP WHEN THE DEVELOPER HAS TO BUILD -- AND I'LL READ IT AS IT IS UNDER 3-J. BUILDING PERMITS SHALL NOT BE ISSUED UNTIL AFTER PLATTING RECORDATION AND THE LOW-VOLUME ROAD HAS BEEN CONSTRUCTED AND APPROVED. NOW, AT THIS POINT THAT MEANS THAT ALL DOLLARS HAVE GOT TO BE UP FRONT BEFORE WE EVEN GET ANYWHERE OUT IN THE RURAL AREA, AND MANY, MANY TIMES OUT THERE THE ISSUE IS NOT NECESSARILY WHAT WE'RE GOING TO DO RIGHT AWAY. WE'RE NOT NECESSARILY DEVELOPING AND PLANNING TO DEVELOP IT TODAY, BUT MOST OF IT IS OUT FOR THE INHERITANCE OF THE FAMILY, AND ONCE YOU'RE PLATTING IT -- AND YOU HAVE TO PLAT IT BECAUSE FOR WHATEVER RULES IT MIGHT BE -- EVEN AN EASEMENT HAS TO BE PLATTED TODAY -- THAT THIS CAUSES A HARDSHIP, I FEEL, ON THE RURAL AREA. I HAVE SOME SUGGESTED LANGUAGE THAT MIGHT HELP IN HERE, BUT WE WERE TALKING ABOUT MAYBE WE COULD BOND IT, MAYBE WE COULD DO THIS, MAYBE WE COULD DO THAT, AND I UNDERSTAND FROM THE LEGAL SIDE THAT THOSE ISSUES ARE NOT ACCEPTABLE AT THIS POINT. SO I'M KIND OF ASKING THAT WE MAYBE GIVE SOME CONSIDERATION FOR THIS TO BE ACCOMPLISHED AT THE TIME THAT THE BUILDING PERMIT IS ISSUED CONCURRENTLY THE ROAD HAS TO BE BUILT BUT NOT NECESSARILY THE WHOLE ROAD. IF YOU'RE ONLY GOING TO BUILD FOR ONE FAMILY ONE LOT AT THIS POINT, THAT OPENS UP THE ISSUES FOR THE CONSTRUCTION INDUSTRY, AND WE CAN GET ON WITH A LITTLE BIT OF CASH FLOW FOR EVERYBODY ALONG THE WAY BUT DON'T HAVE TO PAY THE BIG BUCKS ALL UP FRONT BEFORE YOU'VE EVEN GONE ANYWHERE. AND AGAIN, LOW-DENSITY OUT THERE, WE'RE TALKING ABOUT ONE TO THE ACRE, ONE TO 2.5, OR ONE PER FIVE, AND IF THIS IS THE CASE WHERE WE'VE GOT TO BUILD THIS ROAD -- AND THE STANDARDS HAVE BEEN ESTABLISHED, SO IT'S NOT A QUESTION OF STANDARDS, IT IS A QUESTION OF FINANCES HAVING TO BE DONE ALL UP FRONT BEFORE WE CAN GET A BUILDING PERMIT, AND I'M HOPING THAT THERE MAY BE SOME LANGUAGE THAT MAY BE ACCEPTABLE TO EVERYBODY. THANK YOU. >>KEN HAGAN: THANK YOU, SIR, FOR YOUR COMMENTS. COMMISSIONER HIGGINBOTHAM. >>AL HIGGINBOTHAM: MR. HURLBURT, YOU SAID YOU HAD BEEN MEETING WITH MR. ALUOTTO AND OTHERS AND WORKING THROUGH THIS AT THIS POINT? >> YES. >>AL HIGGINBOTHAM: OKAY. OKAY, GOOD. I'VE BEEN FOLLOWING THOSE AS WELL, SO THANK YOU, SIR. >>KEN HAGAN: THANK YOU, SIR. NEXT ITEM. >> GOOD EVENING. JUDY JAMES, 325 SOUTH BOULEVARD. ON THE PLATTED SUBDIVISION WITH NO IMPROVEMENTS, I JUST HAD ONE CLARIFICATION THAT STAFF HAS WORKED WITH ME ON, THAT YOU CANNOT USE AN EASEMENT ACCESS IN THE URBAN SERVICE AREA IF YOU'RE GOING TO GO WITH THREE OR MORE LOTS. YOU COULD STILL USE AN EASEMENT ACCESS IN THE URBAN SERVICE AREA IF IT'S AN EXISTING PROJECT OR A LOT THAT YOU'RE GOING TO FORM IN THE FUTURE, YOU JUST CAN'T USE MORE THAN THREE ON THAT LOT, AND THAT'S A CLARIFICATION THAT NEEDS TO BE MADE TO THE LANGUAGE THAT'S CURRENTLY BEFORE YOU. THANK YOU. >>KEN HAGAN: THANK YOU, MA'AM. >> AND AS TO THE ITEM THAT I JUST MISSED ON THE ACCESS, STAFF HAS BEEN WORKING WITH US DILIGENTLY TO GO THROUGH SOME OF OUR CONCERNS, AND HOPEFULLY WE'LL HAVE LANGUAGE TO BRING BACK TO YOU NEXT WEEK OR NEXT HEARING. THANK YOU. >>KEN HAGAN: THANK YOU. >>JOE MOREDA: NEXT ITEM? >>KEN HAGAN: YEP. >>JOE MOREDA: THE PURPOSE OF THE NEXT ITEM, WHICH IS 09- 796, ITEM "D," IS TO AMEND THE DEFINITION OF CLEAN FILL TO INCLUDE MULCH. THE EFFECT OF THIS WILL BE TO REGULATE STOCKPILING OF MULCH AND TO CREATE SOME EXCEPTIONS FOR AGRICULTURAL APPLICATIONS. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? OKAY. PLEASE CONTINUE. >>JOE MOREDA: ITEM "E," THE PURPOSE OF THIS WILL BE TO REDUCE THE NEED FOR ZONING INTERPRETATION IN THE AREA OF THE RECREATIONAL REGULATIONS. THERE ARE SOME SUBSTANTIVE CHANGES THAT WE MADE ALSO AS WELL AS FORMATTING. WE REVISED THE DEFINITION OF REC USES TO ADDRESS SOME INCONSISTENCIES WITHIN THE DEFINITION AND VARIOUS DEFINITIONS. WE ALSO ADDRESSED THE PERMISSIBILITY OF LAND-INTENSIVE RECREATIONAL USES IN THE LARGER [INCOMPREHENSIBLE] DISTRICTS, AND WE ALSO ARE AMENDING THE CODE TO ALLOW A VARIETY OF PRIVATE REC USES IN RESIDENTIAL DEVELOPMENT IF THEY'RE OWNED AND OPERATED BY A HOMEOWNER ASSOCIATION OR SIMILAR ENTITY. >>KEN HAGAN: THIS IS A PUBLIC HEARING. WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? ANY QUESTIONS BY BOARD MEMBERS? NEXT ITEM. >>JOE MOREDA: ITEM "F" WAS PROPOSED BY THE FIRE DEPARTMENT. WE WORKED WITH THEM TO EDIT THE CODE TO PROVIDE FOR A SEPARATION FROM PRINCIPAL STRUCTURES AND ALSO A DEFINITION FOR THE CONSTRUCTION -- WELL, REGULATION AND DEFINITION OF CHICKEE HUTS. IF YOU DON'T KNOW WHAT A CHICKEE HUT IS, THERE'S A PICTURE OF WHAT'S NOT A CHICKEE HUT BUT WHAT'S ALLEGED TO BE A CHICKEE HUT, AND THIS IS EXACTLY THE TYPE OF THING THE FIRE DEPARTMENT IS TRYING TO PREVENT. THE REGULATIONS THEMSELVES WOULD ALLOW FOR THE ESTABLISHMENT OF A TRUE CHICKEE HUT. JUST SO YOU KNOW THE WAY THESE CHICKEE HUTS ARE BEING USED, THEY WORK AROUND THE PERMITTING PROCESS AS A CHICKEE HUT, AND THEN THEY BACKLOAD THEM WITH IMPROVEMENTS, FOR EXAMPLE, LIKE HEATERS AND OTHER WIRING AND OTHER THINGS THAT ARE FIRE HAZARDS, SO THE DEFINITION NOW WOULD PREVENT THAT. IT ALSO WOULD PROVIDE SOME SEPARATION FROM THE PRIMARY STRUCTURE AND PROVIDE SOME ENHANCEMENTS TO PROVIDE FOR PUBLIC SAFETY AND FIRE. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? THANKS, JOE. >>JOE MOREDA: NEXT ITEM IS THE CODIFICATION OF COMPREHENSIVE PLAN POLICIES 14.4 AND 14.5 TO REQUIRE 25% OF THE TOTAL DEVELOPMENT AREA IN SUBDIVISIONS OF TEN LOTS OR MORE TO PROVIDE FOR COMMUNITY OPEN SPACE REC AREAS. IN SUBDIVISIONS OF 50 UNITS OR MORE, 5% OF THAT 25%, A MINIMUM OF THAT MUST BE USED FOR CIVIC OR PUBLIC USE WHICH IS EFFECTIVELY A MORE DEVELOPED AREA WITHIN THAT OPEN SPACE, WHICH WOULD INCLUDE BIKE TRAILS, CIVIC BUILDINGS, AND THINGS OF THAT LIKE. AS I SAID, IT'S NOT APPLICABLE TO SUBDIVISIONS OF TEN LOTS OR LESS. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? NEXT ITEM. >>JOE MOREDA: ITEM "H" IS ALSO A CODIFICATION OF A COMPREHENSIVE PLAN POLICY. IT ESTABLISHES A CRITERIA TO DETERMINE A METHOD TO PROVIDE SEWER AND WASTEWATER FOR PARCELS THAT ARE SPLIT BY THE URBAN SERVICE AREA AND RURAL SERVICE AREA. >>KEN HAGAN: THIS IS A PUBLIC HEARING. WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? THANKS, JOE. >>JOE MOREDA: ITEM "I" IS THE CODIFICATION OF COMP PLAN POLICY 20-5.5, TO PREVENT PORCHES TO EXTEND 10 FEET OR 50%, WHICHEVER IS LESS, IN THE REQUIRED FRONT SETBACK. IT WOULDN'T REQUIRE A VARIANCE. IT ALSO PERMITS THE FRONT FACADE OF A HOME TO EXTEND INTO THE FRONT YARD SETBACK IF THE GARAGE IS RECESSED. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? NEXT. >>JOE MOREDA: NEXT ITEM, ITEM "J," CREATES STANDARDS FOR REAPPLICATION OF DENIAL BY A LAND USE HEARING OFFICER. IT MIMICS A PROCESS THAT'S USED BY A BOARD AND ADDRESSES CASES WHERE APPLICANTS APPLY AFTER BEING DENIED WITHIN A YEAR. IT REQUIRES A YEAR FOR REAPPLICATION. IT ALSO ESTABLISHES A PROCESS WHERE THEY COULD REDUCE THE INTENSITY OF THE APPLICATION FOR POTENTIAL REAPPLICATION WITHIN A YEAR, AND IT ALSO ESTABLISHES A PROCESS FOR AMENDING EXISTING IMPROVED SPECIAL USES. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? NEXT. >>JOE MOREDA: NEXT ITEM IS ANOTHER COMPREHENSIVE PLAN POLICY IMPLEMENTATION ITEM. IT ALLOWS WAIVERS FOR ON-SITE COMMERCIAL DEVELOPMENT OR IT ALLOWS A MORE EXTENSIVE CONSIDERATION OF OFF-SITE COMMERCIAL DEVELOPMENT WHEN RP-2 DISTRICTS ARE -- EXCUSE ME -- WHEN PLANNED DEVELOPMENT DISTRICTS WITHIN THE RP-2 PLAN CATEGORY ARE BEING CONSIDERED. IT ALLOWS A HIGHER DENSITY IN THE RP-2 IF THERE'S CERTAIN COMMERCIAL DEVELOPMENT WITHIN AN AREA OF 1.5 MILES. THIS CHANGES THE STANDARD TO FIVE MILES. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? NEXT. >>JOE MOREDA: NEXT ITEM IS A CLARIFICATION IN THE TABLE OF ALLOWABLE USES DEALING WITH CAR WASHES. IT CODIFIES AN OPERATIONAL INTERPRETATION AND JUST MAKES IT EASIER FOR PEOPLE TO SEE WHERE THEY -- WHERE WE ALLOW CAR WASHES BY DISTRICT AND WHAT TYPES OF CAR WASHES AND WHAT TYPES OF STANDARDS. RIGHT NOW THEY'RE EMBEDDED IN DIFFERENT STANDARDS AND VERY DIFFICULT TO -- TO -- TO FIND IF YOU'RE NOT -- >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? OKAY. NEXT. >>JOE MOREDA: NEXT ITEM IS ALSO A COMPREHENSIVE PLAN POLICY IMPLEMENTATION ITEM, AND EFFECTIVELY WE'RE CHANGING DENSITY OVER TO FLOOR AREA RATIO AND PROVIDING SOME INCENTIVES HOPEFULLY TO GET PEOPLE TO USE THE COMMERCIAL APARTMENT REGS MORE OFTEN TO USE AS AN INFILL TOOL. WE'VE ALSO MADE SOME CHANGES TO PROHIBIT CERTAIN TYPES OF USES IN THE "M" ZONING DISTRICT WHICH ARE INCOMPATIBLE BETWEEN MIXTURE OF USES WITH HOUSING AND INDUSTRIAL USES. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? THANKS, JOE. >>JOE MOREDA: ITEM "N" IS A CHANGE TO PREVENT MAJOR MOTOR REPAIR IN THE CG ZONING DISTRICT. IT REFLECTS THE PAST SCOPE OF USES THAT WERE ALLOWED FOR MOTOR REPAIR IN PREVIOUS CODES, AND IT WILL TAKE CARE OF SOME PRACTICAL ENFORCEMENT AND NONCONFORMITY ISSUES THAT WE'D HAD TO DEAL WITH AND ALSO PROPERTY OWNERS HAVE HAD TO DEAL WITH. >>KEN HAGAN: THIS IS A PUBLIC HEARING. WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? NEXT. >>JOE MOREDA: ITEM "O" ALLOWS LOTS THAT WERE LEGALLY ESTABLISHED PRIOR TO THE ESTABLISHMENT OF THE MINIMUM LOT SIZE BY UTILITIES, WHICH IS A HALF ACRE, TO BE CONSIDERED LEGAL FOR ZONING AND PERMITTING PURPOSES. IT WOULD KEEP PROPERTY OWNERS IN THAT CATEGORY FROM HAVING TO SEEK A NONCONFORMITY CERTIFICATION PRIOR TO GETTING A SIMPLE BUILDING PERMIT. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? NEXT. >>JOE MOREDA: ITEM "P" IS A CLARIFICATION IN THE CODE OF HOW THE BUFFERING REQUIREMENTS ARE APPLIED IN THE CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN REGS THAT WERE RECENTLY APPROVED. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS ITEM. THANK YOU, JOE. >>JOE MOREDA: ITEM "Q" IS A REVIEW OF -- ACTUALLY, THEY'RE SCRIVENER'S ERRORS. THEY'RE NONSUBSTANTIVE. THEY'RE JUST NUMBERING CHANGES. AND THAT TAKES CARE OF THE ENTIRE AGENDA. >>KEN HAGAN: OKAY. ANY QUESTIONS OR COMMENTS BY BOARD MEMBERS? OUR NEXT PUBLIC HEARING IS 6:00 P.M., OCTOBER 22nd. >>JOE MOREDA: THAT'S CORRECT. >>KEN HAGAN: ANYTHING TO ADD, MS. HARVEY? >>PAULA HARVEY: NO. >>KEN HAGAN: GREAT JOB, JOE. WE'RE ADJOURNED. >>JOE MOREDA: THANK YOU. 1