[0:00] . [23:42:09] >> mayor: call to order the [8:19] august tweafnth -- 27th meeting [8:22] [8:22] of the gains scril city plan [8:23] board. [8:23] ms. Mcplul -- ms. Mcmullen, [8:28] formula -- uld call fold [8:30] if you [8:31] would call the order. [8:32] please. [8:32] >> robert ackerman. [8:35] tina certain is absent. [8:36] robert mermer. [8:38] will be joining late. [8:39] jay morassky. [8:41] >> here. [8:42] >> joshua ney. [8:43] >> here. [8:44] >> jason sanchez. [8:44] >> here. [8:46] >> stephanie sutton. [8:46] >> here. [8:47] >> you have a quorum. [8:49] >> fantastic. [8:51] do we have a motion to adopt t [8:52] he [8:52] agenda as presented? [8:52] >> so moved. [8:54] >> second? [8:55] >> second. [8:55] >> all those in favor? [8:57] thet wasn't all of us. [8:59] >> aye, sorry. [9:00] [laughter] [9:00] >> felt like all those opposed? [9:03] [9:03] all right, the agenda is [9:05] adopted. [9:05] going to be an oddly contentio [9:08] us [9:08] adoption. [9:08] do we hava proval of the -- hav [9:10] e [9:10] approval of the minutes of las [9:11] t [9:11] meeting? [9:11] or motion to approve the minut [9:16] es [9:16] from last meeting? [9:17] >> so moved. [9:18] >> second. [9:20] >> all right, had those a [9:22] ll [9:22] those in favor? [9:23] aye. [9:23] all opposed? [9:24] okay. [9:24] we all like the minutes from [9:25] last meeting. [9:26] at this point in the meeting I [9:32] [9:32] open the open it up to mem [9:36] bers [9:36] of the public who want to speak [9:38] [9:38] to items on the agenda. [9:40] the floor is yours. [9:41] >> ralph's coming up. [9:42] >> no. [9:43] I thought he was doing it. [9:43] all right, seeing none, let's [9:45] start with the first item on th [9:47] e [9:47] agenda, please, ms. Mcmull [9:49] ?oon first item on the agenda, [9:50] [9:50] 2026-538hc sarks I-75 corridor [9:56] [9:56] sign height extension request [9:58] ld26-00008y with 000080 wit [10:02] h a [10:02] presentation from allison [10:03] pager. [10:03] >> okay, good evening, board [10:06] chair and board members. [10:07] thank you for having me [10:08] tonight. [10:08] my name is allison pager, I'm a [10:10] [10:10] planner in the department of [10:11] sustainable development, and I [10:12] 'm [10:12] before you tonight to present a [10:13] [10:13] height extension request for a [10:15] n [10:15] I-75 corridor sign for hc sarks [10:19] a [10:21] identified as petition number [10:24] ld26-00008o. [10:24] this request is for subject [10:29] parcel others 6974-040-000 for [10:33] [10:33] property that is generally [10:33] located along archer road and [10:37] southwest 41st boulevard. [10:38] it's adjacent to I-75 and is [10:40] home to a recently constructed [10:41] [10:41] hospital campus and freestandin [10:43] g [10:43] emergency room. [10:44] this parcel is owned by hca [10:47] florida gainesville hospital. [10:48] the application is submitted [10:49] by -- enterprises and there is [10:51] [10:51] representation here tonight by [10:52] [10:52] the applicant and ownership. [10:55] the parcel has medical services [10:58] [10:58] zoning and office land use [10:59] designation. [10:59] the next few slides are going to [11:01] [11:01] provide some context and [11:02] familiarly to the subject [11:04] area -- familiarity to the [11:05] subject area before jumping int [11:07] o [11:07] the dethey the details of [11:10] the [11:10] request. [11:10] provided here is a map of the [11:11] subject area. [11:12] the parcel for the request is [11:15] outlined ipred. [11:15] to the north is archer road, a [11:17] nd [11:17] general business zoning, to the [11:18] [11:18] south is business industrial. [11:20] to the east is I-75. [11:22] and to the west there is some [11:23] additional medical services and [11:26] [11:26] multifamily, and then further [11:26] west is alachua county [11:28] jurisdiction and their [11:29] residential zoning. [11:32] and similarly is provided here [11:38] a [11:38] land use map of the area and [11:40] similar trends for the land [11:41] use. [11:41] and this is a summary of the [11:43] nearby existing uses, and the [11:44] zoning and land use as [11:45] previously seen. [11:46] and in terms of existing uses, [11:49] [11:49] north there is a gas station, a [11:51] [11:51] hotel, a restaurant. [11:52] south there is self-storage, a [11:54] n [11:54] office space. [11:56] east is of course I-75 and [11:58] fdot right-of-way. [12:01] and west there is largely [12:01] residential -- properties. [12:05] and the aerial base map as wel [12:07] l [12:07] to kind of see what this area [12:09] looks like. [12:11] I wanted to provide a couple o [12:15] f po [12:15] pot of view slides using [12:16] google street view to help som [12:18] e [12:18] familiarity to each area for [12:19] this request. [12:19] if you haven't been by there [12:20] recently, so this slide shows [12:21] the intersection of archer roa [12:24] d [12:24] and 41st boulevard. [12:27] so this is looking towards the [12:28] [12:28] I-75 overpass with the hospital [12:31] [12:31] campus on the right. [12:31] this this is to show the mai [12:35] n [12:35] entrance to exiting the parcel [12:37] [12:37] and accessing facilities. [12:38] so turning routh down this [12:39] intersection would take you dow [12:40] n [12:40] 41st boulevard, and that [12:41] roadway is what largely goes [12:42] arou the parcels and how you [12:43] get to the parking lot that [12:44] accesses the facilities. [12:50] and here we are located on the [12:53] [12:53] offramp from the southbound [12:55] lanes of I-75. [12:56] this is heading towards archer [12:57] [12:57] road so looking directly towar [12:59] ds [12:59] the hca campus with I-75 to the [13:02] [13:02] left, and as you can see here, [13:03] [13:03] and this is going to come up [13:05] later as well, around these [13:07] interstate areas, especially t [13:09] he [13:09] interchange areas, there's goi [13:10] ng [13:10] to be larger areas of state [13:13] right-of-way associated with [13:15] these places, es [13:15] overpass where there is going t [13:20] o [13:20] be larger -- and infrastructur [13:21] e [13:21] and right-of-way areas. [13:25] and here we are on I-75, in the [13:27] [13:27] northbound lane heading north. [13:28] [13:28] this is located at the entranc [13:30] e [13:30] of that exit ramp that we were [13:31] [13:31] just on, so looking towards the [13:34] [13:34] hospital campus, which is on t [13:35] he [13:35] left. [13:35] just to kind of show that view. [13:39] [13:39] and finally, here it is located [13:41] [13:41] on the actual overpass, [13:43] specifically in the southbound [13:45] [13:45] lanes, looking to the right ove [13:47] r [13:47] towards where the hca campus [13:48] would be, and you can see arche [13:50] r [13:50] road and we can also see the [13:51] on-ramp area as well. [13:54] okay, so now that we're a littl [13:57] e [13:57] bit more -- know a little bit [14:01] more about the subject area, [14:02] we're going to jump into the [14:03] request. [14:03] we do not get these requests a [14:05] [14:05] lot, so just wanted to provide [14:06] [14:06] some extra information to cover [14:07] [14:07] on this slide about what I-75 [14:09] corridor signs are in general [14:12] before we jump into the height [14:13] [14:13] part. [14:13] so these signs are a type of [14:15] frestanding permanent sign tha [14:16] t [14:16] are specifically conched -- [14:19] covered in section 309/7d of t [14:22] he [14:22] land development code. [14:22] there are certain criteria for [14:24] [14:24] meeting the requirements of an [14:25] [14:25] I-75 corridor sign in order to [14:27] [14:27] be allotted having one. [14:28] if not, the development would b [14:30] e [14:30] subject to the regular allotment [14:32] [14:32] of freestanding permanent signs [14:33] [14:33] as allowed by the code. [14:35] these include that the signage [14:37] [14:37] is for the permitted use in a [14:39] nonresidential district. [14:41] in this case it's medical [14:41] services and hospital is a [14:43] permitted use by right, and the [14:45] [14:45] sign is for the hospital. [14:46] the location being within a [14:48] quarter mile of the centerroid [14:50] [14:50] of an I-75 interchange with any [14:52] [14:52] arterial roadway. [14:53] this sign should be readily [14:55] visible from I-75. [14:56] this sign area of I-75 area [15:03] in -- must not exceed 300 square [15:05] [15:05] feet and the sign should fough [15:06] t [15:06] be located on frontage where [15:07] adjacent or facing properties [15:09] have single-family land use. [15:12] these crituria have cri [15:16] teria [15:16] have been confirmed by staff. [15:17] this will have to be main [15:19] maintained during permitting. [15:22] so this section further provide [15:25] s [15:25] that an I-75 corridor sign by [15:27] right can have a maximum sign [15:30] structure height of 18 feet. [15:31] for context, the normal maximum [15:33] [15:33] height for freestanding sign I [15:36] s [15:36] 10 feet for the structure. [15:37] this section further details a [15:39] [15:39] process for height extension [15:41] requests, which is why we're [15:42] here tonight, where an [15:44] application can be applied for [15:46] [15:46] to request up to a maximum of [15:48] 90 feet in height with certain [15:50] [15:50] special considerations that mus [15:51] t [15:51] be met during review. [15:55] wih the city plan board to be [15:57] the final decision maker. [15:59] for this sign the applicant is [16:00] [16:00] requesting 30 feet for their [16:01] height extension request. [16:05] staff has reviewed the [16:06] application with the criteria [16:07] outlined in section 30-9.7d of [16:10] [16:10] the land development code for [16:11] height extension requests for [16:12] I-75 corridor signs. [16:14] the criteria of which are shown [16:16] [16:16] on this screen. [16:17] I'm going to provide some [16:18] details about some of the [16:19] criteria but please note that [16:21] a [16:21] more in depth analysis of the [16:23] criteria are provided in the [16:24] staff report. [16:25] I'll also use some of the next [16:26] [16:26] slides to help with [16:28] demonstrating some of these [16:29] points. [16:29] so for criteria a, the applica [16:32] nt [16:32] provides that the special [16:34] condition and circumstance [16:35] necessitating the need for a [16:36] sign structure with a height o [16:40] f [16:40] 30 feet in order to be sign by [16:42] [16:42] motoristed on I-75, the greener [16:51] y [16:51] reduces the -- to ground mount [16:54] ed [16:54] sign that is at or below [16:57] 18 feet. [16:58] staff finds from past reviews o [17:00] f [17:00] hospital campus to examine the [17:02] [17:02] proposed location of the sign I [17:03] n [17:03] relation to the sight line of [17:05] the I-75 interchange, that the [17:07] [17:07] justification is sound. [17:10] so between the hospital campus [17:13] [17:13] and the I-75 interstate, there [17:15] [17:15] are multiple natural manmade [17:17] buffers, including stormwater [17:19] areas, right-of-way on both [17:21] county and state. [17:22] there's the on ramp, there's [17:23] roadways, landscaping, and [17:25] infrastructure that is [17:25] associated with the overpass. [17:28] kind of seen with both of these [17:30] , [17:30] so this picture is you are on [17:32] 41st boulevard. [17:33] the parking lot for the hospita [17:34] l [17:34] is on the right. [17:34] you're looking towards the [17:37] interstate. [17:37] for criteria b, the applicant [17:43] and their engineer provide tha [17:46] t [17:46] the proposed 30 feet requested [17:48] [17:48] for the height extension, which [17:49] [17:49] is 12 feet above what is allow [17:51] ed [17:51] by right for the I-75 corridor [17:52] [17:52] signs is the minimum necessary [17:53] [17:53] to achieve a readable sign fac [17:55] e [17:55] above the obstructed sight line [17:58] [17:58] in order to deliver adequate [17:59] advanced identification to I-7 [18:01] 5 [18:01] motorists. [18:01] the applicant and engineer [18:03] further provide with proposed [18:05] signage elevations as seen here [18:06] [18:06] that the letter height would [18:08] provide optimal reading from [18:11] 275 feet with maximum full [18:13] reading from 825 to 1,238 feet. [18:19] [18:19] for criteria d, the request is [18:22] [18:22] found by staff to be compatibl [18:24] e [18:24] with the primary use of the [18:27] property as a hospital campus [18:30] and location is optimal being [18:32] directly adjacent to the I-75 [18:33] interchange. [18:33] for additional context in terms [18:35] [18:35] of compatibility and height for [18:36] [18:36] existing structures on the [18:37] property, the permitting for t [18:41] he [18:41] campus shows a maximum building [18:43] [18:43] height of four stories and [18:46] 58 feet from the elevations of [18:47] [18:47] that review; and that's outside [18:49] [18:49] of necessary rooftop equipment. [18:52] [18:52] and considering other factors [18:55] like faa requirements and the [18:56] gains ril gainesville reg [18:59] ional [18:59] airport height zone [18:59] requirements, this property [19:00] being within subzone 2, the [19:02] proposed height of 30 feet wou [19:04] ld [19:04] remain below the height that is [19:05] [19:05] currently existing on the [19:07] property as constructed on sit [19:08] e, [19:08] and well below what is allowed [19:09] [19:09] by right in the medical service [19:11] s [19:11] zoning district and the office [19:13] [19:13] future land use category. [19:16] and lastly on that point, the [19:18] proposed location of the sign I [19:21] s [19:21] nearest that I-75 interchange, [19:24] [19:24] so it's a pretty large parcel. [19:26] [19:26] so where the proposed sign is [19:28] found to be optimal for what [19:32] I-75 corridor signs are for, a [19:35] nd [19:35] it's opposite the side of the [19:37] property that is nearest the [19:38] city limits and nearest the [19:40] alachua county residential [19:43] [19:44] residentially zoned parcels tha [19:45] t [19:45] are on the other side of the [19:46] parcels, so it provides distanc [19:47] e [19:47] and buffer to any potential [19:48] impacts of the sign height fro [19:49] m [19:49] that side of the property. [19:55] and finally, here is provided [19:56] the public notice items as [19:57] required for this public [19:58] meeting. [19:58] and lastly, based on [20:02] of the criteria mentioned in [20:08] this presentation, staff -- [20:08] recommend approval of additiona [20:11] l [20:11] 000080 for the I-75 corridor [20:12] sign height extension request [20:14] for the sign structure height o [20:15] f [20:15] 30 feet as the final decision [20:17] making authority for these [20:18] requests, the land development [20:19] [20:19] code in section 30-9.7d outline [20:23] s [20:23] the three applicable decisions [20:24] [20:24] available for the board in [20:25] making their decision that are [20:26] [20:26] provided on the screen. [20:28] in addition, staff did receive [20:30] [20:30] today a public comment in the [20:32] form of an email that did [20:33] express concern pertaining to [20:35] the property owner [20:36] authorization. [20:36] the concern was reviewed and [20:38] responded to, and no issues wer [20:40] e [20:40] found to continue from that [20:41] concern. [20:41] so just wanted to share that. [20:45] so we are available for [20:48] questions and discussions and [20:49] the applicant and also [20:49] representation from hca is her [20:51] e [20:51] as well. [20:51] >> okay, thank you see so m [20:56] uch [20:56] have for a very thorough [20:58] presentation. [20:58] does anybody on the board have [21:01] [21:01] questions? [21:01] ms. Bell, like out of practice. [21:07] [21:07] >> thank you for that. [21:08] I'm just curious, because the [21:09] email wasn't forwarded to us [21:12] that I could see. [21:12] what was the resident's [21:14] concern? [21:14] >> so they were referencing a [21:18] section of florida [21:19] administration code that was f [21:22] or [21:22] wastewater permitting but they [21:25] [21:25] were calling into question the [21:27] , [21:27] the property owner authorizati [21:29] on [21:29] because for any application you [21:31] [21:31] have to be property -- you hav [21:33] e [21:33] to have property owner [21:34] authorization so it is who is [21:35] signing the application, so if [21:36] [21:36] someone is signing on behalf of [21:39] [21:40] of a property owner that is par [21:42] t [21:42] of the checks we do as staff a [21:44] s [21:44] part of the submittal so all o [21:46] f [21:46] that stuff was tbowpped to be I [21:47] n [21:47] line -- found to be in line. [21:49] so we just replied to address [21:50] their expern let them know that [21:51] [21:51] it did meet the standards that [21:53] [21:53] are in our land development cod [21:55] e [21:55] and that the section he was [21:56] specifically referencing wasn' [21:58] t [21:58] really applicable, but also jus [22:00] t [22:00] to let him know that we did do [22:02] a [22:02] thorough check for what our [22:03] procedures are for checking ea [22:05] ch [22:05] of those conditions. [22:07] >> okay, thank you. [22:08] >> thank you, and the property [22:09] [22:09] owner authorization and the [22:12] letter of authorization that w [22:13] as [22:13] also provided in the submittal [22:15] [22:15] are part of the backup as well. [22:17] [22:17] >> thank you. [22:18] >> thank you. [22:19] >> any other questionsfor [22:21] ms. Pager while we've got her [22:24] up [22:24] here? [22:24] seeing none, if the applicant [22:26] wants to come some and speak [22:29] , [22:29] you're more than welcome to. [22:30] if you don't, that's also [22:31] totally fine. [22:32] >> I can never be that [22:33] thorough. [22:33] [laughter] [22:33] >> fair enough. [22:35] it was a very good [22:36] presentation. [22:36] >> we don't get a lot of these [22:38] , [22:38] so. [22:38] >> like -- this is the first [22:41] like giant sign item that's com [22:44] e [22:44] before me at least, so I don't [22:46] [22:46] recall having to do -- oh, [22:48] yeah. [22:48] well I see these guys have don [22:51] e [22:51] it longer than I have, so [22:53] they've seen a little bit more [22:54] [22:54] than I have. [22:56] all right. [22:56] well, I see, I suppose I'll ope [23:00] n [23:00] it up to members of the public. [23:02] [23:02] I don't think you guys have an [23:04] [23:04] opinion on this at all, so we [23:05] will bring it back to the board [23:06] [23:06] for discussion and a motion. [23:09] do we have a motion on this [23:13] item? [23:13] >> I'll make a motion to approve [23:16] [23:16] ld26-000080 I-75 sign height [23:25] extension request as presented [23:27] . [23:27] >> a second? [23:28] all right, a second. [23:28] all those in favor? [23:29] aye. [23:29] all opposed? [23:31] it's unanimous. [23:31] all right. [23:32] congratulations. [23:32] you have a big sign. [23:35] thank you very much. [23:49] all [23:57] >> all right, if you want to [23:58] read it into the record, then [23:59] the floor will be yours. [24:01] >> so this next item is a [24:03] discussion item for you all, no [24:04] t [24:04] asking for any votes this [24:05] evening, but wanted to bring you [24:07] [24:07] an update on one of the, or a [24:11] few of the statutory changes [24:13] that have gone into effect as o [24:15] f [24:15] july 1st of this year. [24:18] there are, there are several [24:19] different statutes that have [24:21] been adopted that go into effec [24:23] t [24:23] at various times, so one that [24:25] I'll be talking about this [24:26] evening is house bill 803. [24:28] there are a few others which [24:30] we'll bing you more info on tha [24:32] t [24:32] go into effect in january of [24:33] next year. [24:33] but there's a few things in the [24:35] , [24:35] if the in the bill that wil [24:39] l [24:39] impact how the planning and [24:40] building departments operate a [24:42] nd [24:42] some of the land development [24:44] code regulations that are [24:45] currently in our code, and may [24:48] [24:48] be policy considerations for y [24:50] ou [24:50] all, so just wanted to inform [24:51] you of those and just let you [24:53] know kind of some things we've [24:56] [24:56] been working on. [24:57] so just an informational item, [24:58] [24:58] and then feel free to have [25:00] discussion afterwards if, you [25:01] know, if there is anything you [25:03] [25:03] want to propose implementing, [25:07] but yeah. [25:08] so just to give you an [25:11] overview. [25:11] loic I said, this, this is [25:14] specifically related to house [25:16] bill 803, effective in july. [25:19] a few things that it provides [25:21] for are greater statewide [25:22] standardization of permit [25:23] applications and electronic [25:24] permitting. [25:24] that's something that the city [25:26] [25:26] already does. [25:27] we already do all electronic [25:28] building permitting, so there [25:30] won't be much that we have to d [25:31] o [25:31] to address that, but that's kin [25:33] d [25:33] of one of the big things that's [25:34] [25:34] been talked about with this [25:35] bill. [25:35] it provides for more specific [25:37] requirements for communicating [25:39] [25:39] deficiencies, denials, and [25:40] incomplete applications. [25:41] that's part of building permits [25:42] [25:42] as well. [25:44] and you'll see a few of the [25:46] things that are covered here a [25:48] re [25:48] more pertaining to the building [25:50] [25:50] division specifically, but [25:51] things that we work closely wit [25:52] h [25:52] them on and we do participate I [25:55] n [25:55] building permit reviews, so th [25:56] ey [25:56] will affect the planning in som [25:58] e [25:58] ways as well. [25:59] one of the big things that it [26:01] does is provide new limits on [26:02] permit fees and the type of [26:04] documentation that can be [26:06] required by the building [26:07] department 689 . [26:09] again, that's a building [26:11] division thing but that's a big [26:12] [26:12] thing the building divisioning [26:15] [26:15] is working on now. [26:16] providing for expanded permit [26:17] exemptions for qualifying small [26:20] [26:20] residential projects, expanding [26:21] [26:21] authority and use of private [26:22] providers for plan review and [26:23] inspections, the probably the [26:25] biggest thing that you might b [26:28] e [26:28] interested in at a policy level [26:29] [26:29] are new requirements affecting [26:30] [26:30] manufactured and offsite [26:31] constructed housing. [26:33] I will get into ins some more [26:34] specifics on that, and then som [26:35] e [26:35] limits on certain local [26:37] architectural and urban design [26:38] [26:38] requirements. [26:38] so the first few, I think we'll [26:44] [26:44] go through pretty quickly [26:45] because they learnlg are [26:48] largely [26:48] are related to building but jus [26:51] t [26:51] to let you know at a high level [26:52] [26:52] some of the things the bill [26:53] covers. [26:53] it does require for application [26:56] s [26:56] to be made available [26:57] electronically, like I said, w [26:59] e [26:59] already do that, so not [27:00] something that we need to [27:00] specifically address. [27:02] it does require additionally [27:04] more specific review comments [27:07] for building permit reviews, s [27:10] o [27:10] administered by the building [27:11] department, or the building [27:13] division, the planning [27:14] department does review a large [27:16] [27:16] number of building permits as [27:17] well, so that'll be some, [27:19] something operationally nat [27:21] we'll need to make sure we're [27:22] doing as a team is providing [27:23] very specific review comments [27:27] for building permits, something [27:28] [27:28] we try to do anyway, but just, [27:30] [27:30] just something to kind of keep [27:31] a [27:31] closer eye on. [27:32] so the emphasis on this is a [27:35] predictable, code based bas [27:37] ed [27:37] based and transparent review f [27:38] or [27:38] building departments rather tha [27:39] n [27:39] discretionaryo open ended type [27:41] [27:41] of situation. [27:43] the next part I really won't g [27:45] o [27:45] into a lot of detail on because [27:47] [27:47] it really just impacts building [27:48] [27:48] fees, which I'm not, heightly [27:50] involved with and it's not my [27:52] division, but this is something [27:53] [27:53] that the building official is [27:55] working very, very diligently o [27:58] n [27:58] to figure out changes ibbuildin [28:00] g [28:00] -- in building permit fees and [28:03] [28:03] how they'reicalitycuted and wha [28:04] t [28:04] type of -- they're calculated [28:06] [28:06] culated and what type of [28:07] documentation they can require [28:07] [28:07] for those. [28:09] another thing that it changes I [28:14] s [28:14] allowing for single-family [28:15] homeowners or their contractors [28:18] [28:18] to any exempt from permitting [28:24] certain work under -- it can't [28:27] [28:27] be structural, electrical, [28:29] plumbing work, or electrical, o [28:30] r [28:30] gas work, and it wasn't be [28:31] located within a flood hazard [28:32] area. [28:32] but essentially what we think [28:35] this will largely cover are [28:36] things like sheds and detached [28:38] [28:38] accessory structures. [28:41] so you know one of the impacts [28:43] [28:43] from that will be we'll see les [28:45] s [28:45] permits come through for thing [28:47] s [28:47] like sheds. [28:51] they will still be required to [28:52] [28:52] meet zoning standards though [28:54] things like -- typically, and [28:57] in [28:58] the single-family zoning [28:59] district for example. [29:00] it's typically a five-foot [29:02] setback from the rear property [29:04] [29:04] line and the side property [29:05] lines. [29:05] they still need to meet those [29:07] setbacks, but they won't have t [29:09] o apply [29:10] apply for a permit for it, so [29:10] you know we've talked about way [29:11] s [29:11] of just kind of putting fyis [29:13] out there for people, letting [29:14] them know technically you still [29:16] [29:16] need to meet these setbacks, [29:19] essentially it would become a [29:20] code enforcement issue if it [29:21] starts to become a problem whe [29:23] re [29:23] people are installing sheds tha [29:26] t [29:26] either don't meet setbacks or [29:27] don't meet certain size [29:30] requirements in certain [29:30] instances, things like that. [29:33] so that's something that will [29:35] affect planning in some ways. [29:38] did you want to ask questions [29:41] now? [29:41] we can just talk through each [29:43] item. [29:43] >> I think I just, through [29:45] context my question was [29:46] answered. [29:46] >> okay. [29:48] and let me know, you know, fee [29:49] l [29:49] free to stop me at any time wi [29:50] th [29:50] a question on any of these in [29:51] particular. [29:51] the next thing that we've talke [29:56] d [29:56] about a good bit in planning a [29:58] re [29:58] restrictions on glazing [30:00] requirements. [30:00] so local governments may not [30:03] require more than 15% glazing o [30:05] n [30:05] the primary facade of most new [30:08] [30:08] commercial or mixed use [30:09] projects. [30:09] there are some limitations or [30:12] exceptions within historic [30:13] districts. [30:13] this will impact the glazing o [30:18] r [30:18] the percentage of windows that [30:20] [30:20] we can require in transect zon [30:22] es [30:22] and in mixed use and [30:24] nonresidential zoning districts, [30:26] [30:26] and the glazing requirements I [30:28] n [30:28] transect zones are fairly high. [30:32] [30:32] so that's in effect now. [30:34] at some point it would be [30:35] probably a good idea to update [30:36] [30:36] our code to reflect that, but [30:38] currently as of july 1st, we [30:41] can't require more than 15% on [30:44] [30:44] the commercial and mixed use [30:46] projects on the front -- on the [30:47] [30:47] primary facade. [30:49] so that's something that's [30:51] impacting us with this. [30:55] along the lines of design [30:58] requirements, there are also [30:59] some restrictions on branding [31:02] and corporate identity kind of [31:06] [31:06] interference so to speak in tha [31:08] t [31:08] largely as it pertains to [31:09] signage in addition to any [31:11] restrictions that might [31:13] interfere with the ability for [31:16] [31:16] gas stations to comply with gas [31:19] [31:19] price signage, visibility [31:21] requirements. [31:21] I'm not really seeing anything [31:23] [31:23] that stands out too much on [31:26] these at this point in time. [31:28] I think, you know, we'll see I [31:30] n [31:30] the future if anything specific [31:32] [31:32] comes up with signage perhaps [31:34] there could be questions about [31:38] [31:38] interfering with logos and [31:39] things like that. [31:42] but you know, we don't have [31:43] anything, the city doesn't hav [31:44] e [31:44] anything in the code that [31:45] specifically talks about those [31:48] [31:48] things in particular, so we'll [31:50] [31:50] see kind of what the effects [31:51] are. [31:51] there is a good deal of expanded [31:57] [31:57] private provider authority. [32:00] again, largely related to the [32:02] building division. [32:04] we do expect to see an increas [32:07] einstances of private [32:09] providers for building items. [32:12] a different bill that we'll tal [32:15] k [32:15] about at another time that goe [32:16] s [32:16] into effect in january kind of [32:19] [32:19] expands this to get into [32:21] planning functions. [32:24] for this one in particular this [32:25] [32:25] is just affecting the building [32:26] [32:26] division, but it's a big thing [32:28] [32:28] that this bill does, so just [32:29] wanted to bring it up. [32:30] it really doesn't affect [32:32] planning too much. [32:34] but the other thing that this [32:36] part of the bill does is stres [32:38] s [32:38] the importance of timeliness of [32:40] [32:40] the comments, so, you know, [32:45] there will be increased pressur [32:47] e [32:47] on making sure that we get our [32:48] [32:48] comments in all departments on [32:51] [32:51] time and issued. [32:53] otherwise there are potentially [32:54] [32:54] some consequences of sort of [32:58] automatic approvals so to speak [33:00] , [33:00] so just something that we're [33:01] going to have to look at and [33:03] make sure we are really tight o [33:04] n [33:04] our timelines. [33:07] so probably the big one for [33:09] planning from this bill is the [33:14] [33:14] placement for residential [33:16] manufactured buildings. [33:19] so the language talks about a [33:23] couple different things. [33:25] placement in rv parks in [33:26] addition to placement in [33:28] single-family districts. [33:29] so one of the things that it [33:31] does is require that state [33:35] certified residential [33:36] manufacture building may not b [33:37] e [33:37] denied placement in mobile hom [33:40] e [33:40] or similar communities so that [33:42] [33:42] includes rv parks. [33:44] the bigger one probably is [33:46] talking about qualifying offsi [33:48] te [33:48] constructed homes must be [33:49] allowed anywhere single-family [33:50] [33:50] detached homes are allowed. [33:53] so that -- there are some [33:55] specific definitions in the [34:00] bill. [34:00] I can read a couple of those o [34:06] ff [34:06] to you. [34:07] but it talks about offsite [34:08] constructed residential [34:09] dwellings meting a manufacture [34:12] d [34:12] building as defined in florida [34:14] [34:14] statute which is intended for [34:15] single-family residential use or [34:17] [34:17] a manufactured home defined in [34:18] a [34:19] separate statute, which is [34:20] constructed in whole or in par [34:22] t [34:22] offsite and is treated as real [34:23] [34:23] property. [34:23] so this, this will impact the [34:27] type of those type of structures [34:30] [34:30] being allowed in the [34:31] single-family districts and [34:32] other districts that allow [34:33] single-family homes. [34:35] previously and up until recent [34:38] [34:38] hisory, the application has [34:40] been of the code language that [34:42] [34:42] we have which doesn't generally [34:46] [34:46] allow for those types of [34:47] structures to, to be construct [34:52] ed [34:52] in kind of the typical zoning [34:54] district. [34:54] it kind of limited them to [34:55] mobile home zoning. [34:57] and the code is pretty outdated [34:59] [34:59] t. Talks about a structure tha [35:03] t [35:03] has an integral chassis, things [35:07] [35:07] like that. [35:08] at any rate, this is something [35:12] [35:12] that we are implementing now [35:15] allowing for manufactured homes [35:18] [35:18] based on state statute. [35:20] so the bill requires or it doe [35:25] s [35:25] state that local governments c [35:28] an [35:28] put additional standards on [35:31] these types of structures, but [35:32] [35:32] they've got to be applied [35:33] equally to site built homes and [35:35] [35:35] nonsite built homes. [35:38] and the types of standards tha [35:42] t [35:42] local government could add are [35:44] [35:44] things like roof pitch, square [35:47] [35:47] footage, foundation treatment, [35:54] [35:54] setbacks orientation. [35:57] approval of qualifying homes o [36:01] f [36:01] offsite constructed homes in [36:02] zoning districts that allow [36:03] single-family as a use. [36:07] we wanted to bring this to you [36:10] [36:10] as a policy consideration. [36:12] so this is kind of wrapping it [36:19] [36:19] up, and then we can go into [36:20] discussion. [36:20] so the kind of the big takeaways [36:22] [36:22] for this bill in relation to [36:24] planning and building in [36:27] gainesville, it allows for [36:28] greater housing flexibility, s [36:30] o [36:30] like I mentioned the offsite [36:32] factory built housing must be [36:34] accommodated. [36:34] it provides for private [36:38] providers and sort of limits t [36:41] he [36:41] city's ability to do deplicati [36:44] ve [36:44] reviews. [36:44] it requires timeliness of [36:47] reviews. [36:47] it looks at local governments [36:50] reviewing their fees t. Does [36:51] impact some of our design [36:52] regulations, and it applies som [36:55] e [36:55] exemptions for the smaller [36:57] permits for single-family [36:59] homeowners. [36:59] so areas for staff follow-up [37:02] that we've identified, the [37:04] building division is re viewing [37:05] [37:05] their permit fee schedules and [37:07] [37:07] fee calculation [37:08] methodologieses. [37:08] we're working to make sure tha [37:11] t [37:11] we've got development review a [37:13] nd [37:13] building permit work flows [37:14] providing for private provi [37:16] coordination and meeting [37:20] timelines. [37:20] and application materials, and [37:24] [37:24] just coordinating across [37:26] planning, building, legal, and [37:28] [37:28] all the various functions to [37:29] make sure we're implementing [37:31] these changes. [37:33] and that's it. [37:35] so I wanted to get any feedback [37:36] [37:36] from y'all or answer any [37:37] questions you might have. [37:39] >> thank you. [37:41] ms. Sutton. [37:43] >> I would say I'm generally [37:45] in what we're able to [37:48] do on the, likic mobile homes [37:51] offsite built homes, what we're [37:54] [37:54] willing and able to put into the [37:56] [37:56] code, and I would like to get [38:02] maybe some analysis on what [38:03] other places are doing. [38:03] I know the county did implement [38:05] [38:05] something recently. [38:09] it might, I don't know how man [38:10] y [38:10] of you are going to the state [38:12] planning conference. [38:13] that may be something you can [38:14] ask others about there if [38:16] there's staff going to the [38:17] conference. [38:17] I'm interested in seeing what [38:20] our options are and considering [38:23] [38:23] putting something in place. [38:27] I think even if it's orientation [38:30] [38:30] or whatever we can do I think w [38:32] e [38:32] should think about it. [38:35] how the parking is associated, [38:37] [38:37] how the, I mean, I think inwe [38:38] don't if we don't have a [38:41] ny [38:41] design standards other than yo [38:42] u [38:42] can put this on a single-family [38:42] [38:42] lot, and with the dengsties tha [38:45] t [38:45] we're allowing in our [38:47] single-family zoning right now [38:48] , [38:48] it could kind of create a [38:54] situation we don't want to see [38:56] [38:56] in single-family districts. [38:58] >> ms. Bell. [39:01] >> out of curiosity, can you [39:02] expand on that a little bit [39:04] more, ms. Sutton, on where you [39:06] [39:06] think this is headed? [39:08] just help me understand. [39:10] >> I just think we changed the [39:11] [39:11] single-family zoning [39:12] requirements in the last couple [39:13] [39:13] of years, so we have very small [39:16] [39:16] lot sizes now, very small [39:18] setbacks. [39:18] I think you could create a [39:22] series of really, really tiny [39:25] lots and essentially it would [39:25] look almost like a trailer par [39:28] k [39:28] in any single-family zoned [39:30] place. [39:30] because your side setbacks wou [39:34] ld [39:34] only be five. [39:34] you would have a mobile home in [39:35] [39:35] the middle. [39:37] I mean without any design [39:38] considerations, if you look at [39:40] [39:40] what our lot standards allow, w [39:44] e [39:44] could be creating something tha [39:46] t [39:46] I don't think is compatible wi [39:47] th [39:47] all of the neighborhoods of [39:49] gainesville. [39:49] >> I would be curious if staff [39:52] [39:52] could provide a future meeting [39:54] [39:54] sort of like a table or [39:57] something indicating what the [39:59] current restrictions are on [40:01] traditional single-family versu [40:03] s [40:03] offsite still because of the [40:04] law, the new law is that it [40:08] would have to be allowed and I [40:10] t [40:10] can't be more restrictive [40:12] ordinances than traditionally [40:13] built homes, so could you help [40:17] [40:17] us understand more what the [40:18] implications are by providing [40:19] kind of like a side by [40:21] side-by-side of what our current [40:22] [40:22] regulations are, because like [40:24] from the perspective of more [40:27] opportunities for affordable [40:27] housing, I'm intrigued. [40:31] but I understand what you're [40:32] saying from an aesthetic and [40:33] like neighborhood vibe for lac [40:36] k [40:36] of a more technical term [40:38] perspective, so I would just b [40:40] e [40:40] curious from a, like what our [40:42] starting point is before we loo [40:45] k [40:45] into what we could do to smoot [40:49] h [40:49] this transition if you will if [40:51] [40:51] it's being required regardless. [40:52] [40:52] >> sure, yes, definitely. [40:53] and so I will, I can let you [40:56] know now that there generally [40:58] are not design requirements for [41:00] [41:00] new single-family homes. [41:03] an issue that we would run int [41:05] o [41:05] with, with adding any new [41:06] requirements is, yes, senate [41:10] bill 180 -- making things more [41:15] [41:15] restrictive than they currently [41:16] [41:16] are. [41:16] so any kind of restrictions that [41:19] [41:19] put, they also have -- [41:22] they'rapplicablecross the [41:23] board -- [41:26] >> [off mic] [41:27] >> I guess the confusion is for [41:30] [41:30] me, at face value, is like, what [41:33] [41:33] the difference would be like [41:34] putting a series of tiny on-si [41:37] te [41:37] built homes versus smaller [41:40] offsite built homes and what [41:41] like the practical difference [41:43] would be. [41:45] that's more of what I'm looking [41:46] [41:46] for education on I guess to hel [41:48] p [41:48] me understand. [41:53] if that makes sense. [41:55] >> d . [41:57] >>> dr. Mermer. [41:59] >> thank you, mr. Chair. [42:00] so my understanding [42:01] understanding and please corre [42:01] ct [42:01] me if where I I'm wrong, [42:03] ms. Mcmullen, this would, [42:05] there are two different [42:06] requirements, so anything with [42:08] a [42:08] chassis would be put in the, t [42:15] he [42:15] requirements on regulating [42:16] mobile home parks would be [42:21] relevant, right? [42:22] because they have to be state [42:24] approved mobile homes. [42:28] >> yeah, so I think -- [42:29] >> verse this manufactured hom [42:32] es [42:32] in single-family neighborhoods [42:33] , [42:33] those, we could require that [42:36] they not be allowed if they hav [42:37] e [42:37] a chassis, in which case, it [42:40] would only allow what most [42:42] manufactured home manufacturers [42:45] [42:45] build, which look just like [42:48] on-site built houses but if you [42:50] [42:50] look an on-site built house tha [42:52] t [42:52] has vinyl siding, that's noted [42:55] [42:55] ney what they look like. [42:57] [42:57] we can still require they put [42:59] into a foundation and all that [43:00] [43:00] stuff, right? [43:01] >> so I think, and I -- may hav [43:02] e [43:02] made it a little bit more [43:04] confusing the way I described [43:04] it, but I think the current, s [43:07] o [43:07] the current definition in the [43:08] city's land development code of [43:09] [43:09] a mobile home talks about -- [43:13] >> mobile homes would not -- [43:15] >> yeah. [43:15] >> , the part of the new law [43:17] that affects single-family zon [43:18] ed [43:18] neighborhoods, mobile homes [43:19] would -- those, that new -- [43:25] doesn't aplooito moibl homes. [43:27] >> -- apply to mobile homes. >> [43:28] >> it does apply to mobile hom [43:30] es [43:30] fabricated after june 16th, [43:33] 1976. [43:33] so effectively it is allowing [43:34] mobile homes, and I don't think [43:35] [43:35] the code's definition is reall [43:37] y [43:37] applicable anymore in talking [43:38] about the chassis and whatnot. [43:40] [43:40] sorry, I might've made that a [43:42] little bit more confusing. [43:43] >> I don't think so because I [43:44] thought -- if it's a mobile [43:45] home, that's already regulated [43:46] [43:46] by the state. [43:46] the state decides what's [43:48] considered a mobile home. [43:48] so the new law does say we do [43:51] have to allow mobile homes. [43:52] >> essentially. [43:56] >> offsite whenever. [43:56] >> I mean, there's still will [43:58] be, there are requirements in [44:02] terms of how it has to be [44:03] anchored. [44:03] it probably would be more [44:07] helpful to get information fro [44:09] m [44:09] thebuilding official on kind o [44:10] f [44:10] those distinctions because he [44:11] explains it much better than I [44:13] [44:13] can, but they don't necessarily [44:15] [44:15] have to be put on a permanent [44:17] foundation. [44:17] they can be attached -- they c [44:18] an [44:18] be like piers and things like [44:20] that. [44:20] so we did discuss, you know, m [44:23] ay [44:23] be looking at compatibility [44:26] standards of requiring a [44:27] permanent foundation. [44:29] that could cause, the concern [44:30] that came up for us on that is [44:32] [44:32] some of the older neighborhoods [44:34] , [44:34] historic neighborhoods that hav [44:38] e [44:38] houses on piers. [44:39] >> [off mic] [44:42] >> the type of things we've [44:43] talked about so far, and why w [44:46] e [44:46] ultimately so far have decided [44:48] [44:48] not to recommend any additional [44:50] [44:50] restrictions because we don't [44:53] want that to affect houses tha [44:55] t [44:55] are already in existence, you [44:56] know, and it's not necessarily [44:58] [44:58] always the way things are done, [45:01] [45:01] but. [45:01] >> so the last thing I would [45:02] say, it sounds like, sounds lik [45:06] e [45:06] maybe the next step or the nex [45:08] t [45:08] step I'm, I I think we should [45:10] do [45:10] is maybe see what, look at the [45:16] , [45:16] get a sense of the designs tha [45:17] t [45:17] are currently offered by mobil [45:20] e [45:20] home manufacturers. [45:22] you know, to see like you know [45:23] [45:23] what we're possibly -- [45:29] >> the date was 1976 though. [45:31] >> so I mean -- [45:32] >> 1976? [45:33] 1976? [45:33] >> it's not things that like [45:36] would necessarily be new and [45:37] modern. [45:37] >> yeah. [45:39] >> I mean, that's why I think [45:41] design considerations to the [45:42] extent that we can think about [45:46] I [45:46] would like to see our options. [45:46] [45:46] >> I agree. [45:47] okay, I totally missed the 1976 [45:49] [45:49] thing. [45:49] sorry. [45:49] >> I didn't say that at the [45:52] beginning, so it's, you've got [45:53] [45:53] to go a little bit deeper in t [45:54] he [45:54] statute. [45:54] >> 50 years. [45:58] >>> I imagine, I don't know [45:59] who's going to the planning [46:00] conference. [46:00] I imagine this is going to be [46:02] topic of conversation there. [46:04] if not even a presentation, I [46:06] would just be interested in you [46:07] [46:07] all gathering information about [46:09] [46:09] what, what other communities I [46:11] n [46:11] florida are doing -- [46:12] >> absolutely. [46:13] >> florida specific issue, and [46:14] [46:14] bringing just some information [46:16] [46:16] back to us. [46:17] I would like to explore that [46:18] further and not just let it go [46:20] [46:20] tonight as like we're not takin [46:21] g [46:21] action on this. [46:22] >> sure. [46:24] yeah, we're happy to do that [46:24] research. [46:24] >> dr. Mermer. [46:27] >> yep. [46:28] mr. Chair, should we make a [46:30] motion about that, ms. Sutton? [46:32] [46:32] >> I mean, britney, do you fee [46:34] l [46:34] like you need a motion to that [46:37] [46:37] effect, to bring us back more [46:38] information. [46:38] >> not necessarily. [46:43] >> I have a question about [46:43] this. [46:43] maybe this is actually good that [46:45] [46:45] we've got our attorney here. [46:49] my understanding of sb180 is [46:51] that we couldn't apply any new [46:53] [46:53] restrictions on mobile homes [46:55] because we would be applying new [46:58] [46:58] restrictions to single-family [46:58] homes which would be a new [46:59] restriction which we're not [47:00] allowed to do. [47:01] >> that's my understanding is [47:02] also. [47:02] sorry. [47:02] you were asking. [47:06] >> I mean,. [47:08] >> we've talked about it, and [47:09] we -- I think we both agree tha [47:11] t [47:11] yeah, I don't know I don't thi [47:12] nk [47:12] we could make those changes [47:14] until at least october of '27 o [47:16] r [47:16] if something changes. [47:17] >> or regarding a -- bar [47:21] ring a [47:22] hurricane, state of emergency. [47:23] [47:23] >> sure. [47:25] >> ms. Bell. [47:30] >> I don't disagree with the [47:31] idea of like evaluating what o [47:33] ur [47:33] options are, but I would ask I [47:36] f [47:36] staff, I would -- I would just [47:39] [47:39] ask if staff could provide som [47:41] e [47:41] cost impact assessment of what [47:43] [47:43] any requirements couldpably [47:45] [47:46] could potentially add because [47:47] without getting into any of the [47:48] [47:48] politics of it, strictly from [47:50] someone on the ai ahac, the [47:55] affordable housing impact of I [47:57] t, [47:57] it's an opportunity to bring I [47:59] n [47:59] more affordable housing options [48:00] [48:00] into our city, comes is [48:02] desperately fee -- which is [48:03] desperately needed. [48:04] so from a neighborhood, again, [48:05] [48:05] I'm having a brain fart on the [48:06] [48:06] word, like neighborhood vibe [48:08] compatibility perspective, I g [48:10] et [48:10] why we're going with that, but [48:11] I [48:11] would be interested in what the [48:14] [48:14] cost impact of enforcing that [48:18] compatibility would have and [48:19] would it take away the [48:20] affordable benefit essentially. [48:23] [48:23] thank you. [48:31] >> can I just say I think the [48:32] impacts of it a little [48:33] overblown. [48:33] I think it would be great to [48:35] have more housing di v.ty in [48:36] neighborhoods. [48:36] -- diversity in neighborhoods. [48:37] [48:37] I think the idea of the vibe of [48:41] [48:41] a neighborhood being disrupted [48:43] [48:43] is -- I don't agree with that [48:45] thinking because neighborhoods [48:45] [48:45] are ever changing, and so if [48:47] this is a way neighborhood [48:48] changes, so be it. [48:49] I also think that the [48:51] neighborhoods that are most [48:52] concerned about the vibe [48:53] changing are probably not the [48:54] ones where people are seeking t [48:56] o [48:56] put manufactured or mobile [48:58] homes. [48:58] they can make more money in [49:01] using nose lots in other -- [49:02] those lots in other ways. [49:05] I always get worried when we [49:07] bring up this character of the [49:08] [49:08] neighborhood thing because I [49:09] would rather have more people I [49:10] n [49:10] houses than caring about some, [49:12] [49:12] everybody has a different vision [49:13] [49:13] of what a neighborhood's [49:13] supposed to be like anyways, so [49:15] [49:15] trying to -- everybody I think [49:17] [49:17] is a fool's errand. [49:18] with that said, ms. Sutton. [49:21] >> yeah, I dyou [49:23] know, I'm necessarily worried [49:27] about the old established [49:28] neighborhoods -- gainesville. [49:29] I think my concern is, like, I [49:32] [49:32] think you underestimate the, t [49:36] he [49:36] profit motive of developers tha [49:38] t [49:38] are trying to maximize some of [49:40] [49:40] the areas around the universit [49:41] y [49:41] and some sensitive areas that [49:43] already have had a lot of [49:46] redevelopment in a more tasteful [49:47] [49:47] way than this might be. [49:50] I think, you know, people who [49:51] have a large profit motive hav [49:53] e [49:53] done some really interesting [49:55] things in the neighborhoods [49:56] close to campus, and I'm afrai [50:00] d [50:00] not for necessarily what's goi [50:01] ng [50:01] to happen next to my house, but [50:03] [50:03] what's going to happen to these [50:04] [50:04] parts of our community that hav [50:07] e [50:07] already been impacted immensely [50:11] [50:11] without this being a potential [50:13] [50:13] option. [50:13] >> dr. Mermer. [50:18] >>> thank you, mr. Chair. [50:18] yeah, I mean, I'm not concerned [50:20] [50:20] about the, the aesthetic of the [50:23] [50:23] neighborhood or the feel or [50:23] anything. [50:23] I just, I grew up in a mobile [50:27] home that was manufactured in [50:29] the early 80s, and the [50:32] neighborhood I grew up in, [50:33] that's all there was. [50:35] and there are just serious [50:36] health and safety issues with [50:37] a [50:37] lot of the 80s mobile homes. [50:41] so I'm concerned about, you [50:42] know, even if you pack them [50:44] together, the fire risk oo o [50:48] of [50:48] these particular buildings. [50:49] inthis was anything -- if this [50:51] [50:51] was anything built after 2010, [50:53] I [50:53] would be like whatever, but I a [50:54] m [50:54] concerned about the fireisk [51:00] fire [51:00] risk in general and [51:02] habitability. [51:02] I don't know if that's useful [51:04] for you when you're gathering [51:06] information but I wanted to [51:07] throw that out. [51:07] >> thank you. [51:08] any other comments or questions [51:10] [51:10] from the board on this item? [51:15] boy, sure is fascinating all [51:17] this stuff the state is doing. [51:18] [51:18] it's basically putting us out o [51:19] f [51:19] business on the board, you [51:20] know? [51:20] [laughter] [51:20] >> at least somebody is. [51:23] >> well, you know. [51:25] dr. Mermer. [51:28] >> mobile home conversation. [51:30] private providers of fees. [51:34] if we have -- if you have to, [51:37] all staff really have to work [51:38] harder and faster to meet the [51:41] new deadlines, would that [51:43] additional work be ought to be [51:45] [51:45] factored into the fees? [51:46] so I think you have to give them [51:47] [51:47] a discount for using a private [51:50] [51:50] provider essentially but it is [51:53] [51:53] putting more work on staff to [51:55] rush to get comments in. [51:57] so is there a way to recruit [51:58] that cost? [51:59] -- recoup that cost. [51:59] >> it's a good question. [52:03] I would have to let the building [52:04] [52:04] departments -- a little bit mor [52:07] e [52:07] about that. [52:07] I can tell you they are doing a [52:09] n [52:09] assessment of all of that right [52:11] [52:11] now so I can let you know what [52:12] [52:12] the results are of that: I [52:14] haven't been as involved with [52:15] the building fee part. [52:17] I mean I can tell you the [52:19] building fund though is, you [52:21] know, without trying to get int [52:23] o [52:23] too much detail on the budget, [52:25] [52:25] the building fund is separate [52:26] from the general fund, it's kind [52:29] [52:29] of only for the building [52:29] department. [52:29] but I'd be happy to let you know [52:34] [52:34] what -- [52:36] >> yes and not being able to [52:38] open -- [52:41] >> yeah. [52:42] >> okay. [52:44] anymore questions or comments [52:45] about any of the items that wer [52:47] e [52:47] just presented in our statutory [52:49] [52:49] updates? [52:49] if not, I think we'll move ont [52:52] o [52:52] board member training. [52:56] board's favorite city attorney, [52:57] [52:57] mr. Mcdermott. [52:59] >> good evening. [53:01] shawn mcdermott, assistant cit [53:03] y [53:03] attorney. [53:03] so staff asked me to come and [53:08] just speak to the board about [53:10] some, just the general laws tha [53:12] t [53:12] pertain to public boards. [53:18] also just on tuesday went to t [53:19] he [53:19] development review board and a [53:20] [53:20] big chunk of those members are [53:22] [53:22] brand new, and so they [53:23] appreciated and wanted me to [53:26] give the full blown [53:28] presentation. [53:28] this board has a lot of [53:29] experience, and so -- [53:30] >> we have a couple -- you know, [53:32] [53:32] there are some still some [53:32] newness I think on -- [53:34] >> sure, so I'll just give you [53:35] [53:35] the option of, I can either wal [53:38] k [53:38] through the whole -- what I [53:41] think are the highlights of wh [53:43] at [53:43] you need to know, or [53:43] alternatively, if there is jus [53:45] t [53:45] any questions or things you've [53:46] [53:46] always thought about like how [53:48] does that work legally with our [53:49] [53:49] board, what can we can't we do, [53:53] [53:53] you know, I'm happy to go down [53:55] [53:55] that road too. [53:56] whatever you want prefer, [53:57] whatever's the most helpful I'l [53:59] l [53:59] do. [53:59] I just given your experience an [54:02] d [54:02] new members like I'm happy to [54:04] even if one on one, you know, I [54:05] f [54:05] it's, if it's better in that [54:07] regard, I just don't want to [54:10] bore bob and everybody else. [54:13] >> I think start with the high [54:14] [54:14] level overview, and then you [54:15] know this board is not afraid o [54:16] f [54:16] asking questions. [54:19] so if they'll have questions I [54:20] [54:20] feel like they will pepper you [54:22] [54:22] with questions. [54:23] >> okay, well, of course, feel [54:24] [54:24] free to ask questions. [54:25] but I'll just,. [54:26] >> actually we've got one [54:27] already. [54:27] I can tell. [54:28] >> no, I was just going to say [54:29] [54:29] even though like some of us are [54:30] [54:30] newer to this board, we think [54:32] we've all served on boards, [54:34] like, you know, dr. Mermer's on [54:36] [54:36] the count aahac, I'm on the cit [54:39] y [54:39] ahac. [54:39] >> she has been a city planner [54:45] [54:45] and on the board so basic, [54:47] basic, basic we're probably oka [54:48] y [54:48] on for what's that worth. [54:49] >> dwhraw, yeah, that's wha [54:52] t I [54:53] assumed. [54:53] so yeah. [54:53] I'll just hit a refresher on [54:59] what I think are high level [55:00] things. [55:00] and feel free to ask any [55:02] questions at any time or we can [55:03] [55:03] veer the discussion wherever y [55:05] ou [55:05] want, but there all to say [55:09] [55:09] should be short and sweet but [55:11] stay as long as you want. [55:12] so the big picture laws that [55:15] govern public boards that you [55:16] all know are sunshine law public [55:18] [55:18] records and ethics. [55:19] and then zooming in from there [55:24] [55:24] there are certain particulars [55:26] every board needs to know about [55:28] [55:28] how their board operatessism so [55:29] [55:30] so -- operates. [55:31] so to fly through those. [55:32] the sunshine law, the main thi [55:34] ng [55:34] you would need to know is when [55:35] [55:35] you would have a meeting but [55:36] any -- a meeting between twent [55:37] y [55:37] two or more -- between two or [55:39] more members of this body has to [55:40] [55:40] be in the public, has to be [55:45] noticedded to the public, and [55:48] notes have to be taken. [55:49] staff takes care of that but [55:52] what's a meeting because that' [55:54] s [55:54] what you want to avoid out of a [55:55] [55:55] public was peye. [55:57] a meeting is when two or more [55:58] members communicate in any way [55:59] [55:59] about business that would come [56:00] [56:00] before this board. [56:02] it could be informally. [56:05] it it doesn't have to be in [56:08] person. [56:08] it could be through e-mails. [56:09] anything where like I said, two [56:11] [56:11] or more members of this [56:12] particular board communicate [56:13] about items that could come [56:15] before this board. [56:16] if that ever happens, you just [56:17] [56:17] want mike make sure that's at [56:20] a [56:20] public meeting. [56:21] so avoid e-mails, back and for [56:23] th [56:23] e-mails, text messages, if you [56:25] [56:25] see each other in publix, that [56:27] [56:27] type of stuff. [56:28] keep all discussion about this [56:29] [56:29] board in the public meetings. [56:32] of course you can discuss [56:33] anything else outside you know, [56:36] [56:36] you can be friends and hang out [56:37] [56:37] otherwise, but just that. [56:41] so public records is pretty, y [56:45] ou [56:45] know, common sense. [56:47] it's just any type of data [56:49] that's recorded that you make o [56:52] r [56:52] receive that has anything to d [56:53] o [56:53] with the official business of [56:54] the city or your board, that h [56:57] as [56:57] to be kept pursuant to certain [57:02] [57:02] florida statutory requirements [57:04] [57:04] about how long it has to be [57:05] kept. [57:05] so all the important takeaway [57:08] there is if you ever receive a [57:09] ny [57:09] type of data, I say data becau [57:12] se [57:12] it's broad, you know, [57:12] voicemails, e-mails, text [57:14] messages, papers, that have [57:16] anything to do with the business [57:17] [57:17] of this board, just make sure, [57:20] [57:20] just give it to staff. [57:23] just make sure staff has it, a [57:24] nd [57:24] then you're fine. [57:28] so common things that you'll r [57:29] un [57:29] into are like paper copies tha [57:31] t [57:31] you receive. [57:31] if it's just a copy and staff [57:32] has the original version, then [57:34] [57:34] you can throw the paper copies [57:36] [57:36] out as soon as it loses its [57:37] value to you. [57:39] so it's the original you know [57:40] you just want to make sure [57:42] somebody in the city has an [57:43] original of whatever you come [57:45] across as far as public [57:46] records. [57:46] ethics is the big ones to [57:51] remember for ethics are that [57:53] this board has certain reporting [57:55] [57:55] requirements at the state level [57:56] [57:56] that you want to, you know, be [58:00] [58:00] apprised of. [58:01] one of them is the form 1 I [58:05] believe it is that you have to [58:08] [58:08] fill out, which is, it's an [58:11] abbreviated financial [58:14] disclosure, so it's relatively [58:16] [58:16] short, it's not to the lengths [58:19] [58:19] that an elected officials have [58:21] [58:21] to go through, so it's hole fea [58:22] p [58:23] hopefully painless, but that [58:25] form, the form limited one [58:27] financial disclosure has to be [58:28] [58:28] provided to the florida [58:29] commission on ethics once a [58:31] year. [58:31] so you just need to make sure [58:32] you do that once a year, it's [58:33] done electronically, I think [58:35] through their web site: staff [58:38] can help you out if you need, [58:39] you know, some -- [58:40] >> just required, so -- [58:42] >> okay. [58:44] >> theoretically we've got a [58:45] year to do it. [58:45] I don't think we're -- june or [58:47] [58:47] july. [58:47] >> they shoot you an email and [58:50] a [58:51] few reminders. [58:52] >> oh, good. [58:52] >> they're pretty good about [58:53] being on top of you, so as lon [58:54] g [58:54] as you're on top of your email [58:55] , [58:55] you should in theory be able [58:57] to. [58:57] >> okay, yeah, that's great. [58:59] so that's the one you have to [59:00] do. [59:00] there's two or disclosures jus [59:03] t [59:03] to keep in miewnd you only hav [59:04] e [59:04] to do if that situation arises [59:06] [59:06] for you. [59:07] one is the quarterly client [59:09] disclosure and, and you just [59:12] file that if you or your partn [59:15] er [59:15] or associate of your firm [59:16] represents a client for [59:16] compensation before the city. [59:19] so if that ever happens, in tha [59:21] t [59:21] case, you would need to fill o [59:22] ut [59:22] the disclosure, and provide it [59:24] [59:24] to the state. [59:25] so that's just as needed. [59:28] >> like in general or someone [59:32] who comes before this board an [59:35] d [59:35] is represented? [59:35] >> it's generally the best [59:36] practices in general. [59:37] so if you work for like an [59:37] engineering firm that comes [59:41] before the city often asking f [59:44] or [59:44] different development approvals [59:45] [59:45] or whatnot, whether it's this [59:47] board or the city commission, [59:49] you should disclose that to th [59:51] e [59:51] state. [59:51] so yeah I think engineers, [59:55] planners maybe, those are the [59:58] ones who might run into it the [1:00:02] [1:00:02] most frequently. [1:00:03] law firms, you know, stuff lik [1:00:04] e [1:00:04] that. [1:00:04] so yeah, just remember if you o [1:00:10] r [1:00:10] anybody who works for your [1:00:11] company comes before the city, [1:00:13] [1:00:13] you just want to disclose that [1:00:14] [1:00:14] so it doesn't look like a [1:00:16] conflict. [1:00:16] >> does that include like gru [1:00:18] related items? [1:00:19] because like I work for an [1:00:20] engineering firm and we don't [1:00:21] really do much work for the [1:00:22] city, but but we do a lott [1:00:28] a lot [1:00:28] of gru projects. [1:00:29] is that something that needs t [1:00:30] o [1:00:30] be disclosed? [1:00:31] is that requiring any elected [1:00:32] official approvals, it's at lik [1:00:34] e [1:00:34] staff level. [1:00:35] >> gru is not the city anymore. [1:00:36] [1:00:36] >> well, yeah. [1:00:37] >> well, technically they are. [1:00:39] [1:00:39] [laughter] [1:00:39] >> yeah. [1:00:41] >> um. [1:00:42] >> so that's a little in the [1:00:43] weeds. [1:00:43] I could ask you after. [1:00:44] >> yeah, you can ask me after, [1:00:46] [1:00:46] and so I should preface this a [1:00:50] ll [1:00:50] by saying as opposed to most of [1:00:52] [1:00:52] the other laws that are [1:00:53] board where [1:00:56] office and thecity would get [1:00:57] involved with more hands on, [1:01:00] ethics rules of ethics are all [1:01:02] [1:01:02] state level personal [1:01:05] responsibilities for the board [1:01:06] [1:01:06] members, and so staff can kind [1:01:09] [1:01:09] of help point you out what we [1:01:10] think you might want to look [1:01:12] for, but it's an area of the l [1:01:14] aw [1:01:14] that you really on your own with [1:01:16] [1:01:16] so to speak, so I don't want t [1:01:17] o, [1:01:17] you know, again we're happy to [1:01:20] [1:01:20] help you out informally, but you [1:01:22] [1:01:22] really want to contact the [1:01:23] florida commission on ethics, [1:01:24] and they have a hotline number [1:01:26] [1:01:26] that they're really receptive [1:01:28] to. [1:01:28] they'll respond to you right [1:01:30] away. [1:01:30] that you can call them about a [1:01:33] ny [1:01:33] ethics questions like that. [1:01:34] so that would be a perfect tim [1:01:35] e [1:01:35] to do that is if you have a [1:01:37] question like how does this [1:01:38] work. [1:01:38] and they will they'll giv [1:01:41] e you [1:01:41] direction. [1:01:41] you know, so I want to caveat [1:01:45] that even if I gave you an [1:01:47] opinion about your particular [1:01:48] instance you're mention, I wou [1:01:49] ld [1:01:49] still -- [1:01:50] >> it's my responsibility to -- [1:01:51] [1:01:51] >> I would still encourage you [1:01:52] [1:01:52] to call the commission on ethic [1:01:55] s [1:01:55] and they can tell you exactly [1:01:57] how to handle that. [1:01:57] but yes, so that would be for [1:01:59] that quarterly client [1:02:00] disclosure. [1:02:00] and the last disclosure would b [1:02:04] e [1:02:04] the quarterly gift disclosure [1:02:06] and it's quarterly meaning if [1:02:08] this ever applies to you you [1:02:10] just got to make sure you do I [1:02:12] t [1:02:12] quarterly. [1:02:12] and what this is is you file I [1:02:16] t [1:02:16] only if you received a gift [1:02:18] worth more than $100 from anyon [1:02:23] e [1:02:23] that are not relatives as [1:02:25] defined pursuant to a particula [1:02:27] r [1:02:27] statute, or gifts that are [1:02:29] associated primarily with your [1:02:31] [1:02:31] employment. [1:02:31] so in other words a gift above [1:02:37] [1:02:37] $100 from anybody except your [1:02:38] rel tbz or atives or your [1:02:40] employer you're supposed to [1:02:42] disclose it to the state. [1:02:46] I think it's all about optics s [1:02:49] o [1:02:49] it doesn't look like you're [1:02:51] being influenced to sway your [1:02:52] vote on any particular matter. [1:02:54] [1:02:54] so out of an abundance of [1:02:57] transparency, they require tha [1:02:59] t [1:02:59] quarterly. [1:02:59] so those are thethree [1:03:01] disclosures to keep in mind. [1:03:03] there's behavioral kind of [1:03:05] ethics floors that, and it's a [1:03:08] ll [1:03:08] in the presentation, so the [1:03:09] presentation goes deeper, and [1:03:10] then feel free to reach out to [1:03:11] [1:03:11] me if you have any questions, [1:03:12] but we don't need to go through [1:03:14] [1:03:14] the -- it's pretty common sense [1:03:16] [1:03:16] the behavioral, mandates that [1:03:19] the ethics law dictates. [1:03:21] it's just like a floor of being [1:03:23] [1:03:23] a decent person type thing. [1:03:29] the other big -- the last [1:03:30] important thing to know about [1:03:31] the ethics law, our are vot [1:03:34] ing [1:03:34] conflicts. [1:03:34] how voting conflicts work. [1:03:38] for those keep in mind that if [1:03:41] [1:03:41] any matter comes before your [1:03:42] board, or you let me get the [1:03:48] class of people here right. [1:03:49] it's you, a relative, I'll read [1:03:52] [1:03:52] you what the definition of [1:03:53] relative is in a second, but I [1:03:55] f [1:03:55] you, a relative, a business [1:03:57] associate, or a principal by [1:04:01] whom you're retained could [1:04:03] potentially have a special [1:04:04] private gain or loss as a resul [1:04:06] t [1:04:06] of the decision, then you have [1:04:08] a [1:04:08] voting conflict, and you can't [1:04:09] [1:04:09] vote on that matter. [1:04:12] so I'll just say that again is [1:04:14] [1:04:14] like any matter that comes [1:04:15] before this board, keep in min [1:04:16] d [1:04:16] especially for engineers and [1:04:18] folks who kind of work, you [1:04:21] know, in areas that come before [1:04:22] [1:04:22] the city fairly often. [1:04:24] if a matter is coming before [1:04:26] your board where there could be [1:04:27] [1:04:27] a special private gain or a los [1:04:30] s [1:04:30] to yourself, a relative, a [1:04:32] business associate, or the t [1:04:36] he [1:04:36] principal by whom you're [1:04:38] retained, you have to declare a [1:04:40] [1:04:40] conflict and abstain from voting [1:04:41] [1:04:41] on that matter but you can sti [1:04:42] ll [1:04:42] dus the matter. [1:04:43] so -- discuss the matter. [1:04:45] so you can still discuss the [1:04:46] matter and offer your [1:04:47] professional opinions or [1:04:48] whatever, but you just can't [1:04:49] vote. [1:04:49] and the relatives that are [1:04:50] included in that are father, [1:04:53] mother, son, daughter, husband [1:04:56] , [1:04:56] wife, brother, sister, [1:04:58] father-in-law, mother-in-law, [1:05:00] son-in-law, or daughter-in-law [1:05:02] . [1:05:02] so. [1:05:02] >> no mysteries. [1:05:05] >> and no cousins, you know, t [1:05:09] he [1:05:09] family circle is relatively [1:05:11] tight there. [1:05:13] so, and again it's this is all [1:05:16] [1:05:16] in your materials and if you [1:05:17] have ever have a question, sta [1:05:20] ff [1:05:20] can help you through it, but [1:05:21] just remember that for keep it [1:05:24] [1:05:24] in mind voting conflicts. [1:05:28] those are the big state laws. [1:05:29] the -- the remainder of what [1:05:32] I'll just touch on are just som [1:05:34] e [1:05:34] specifics to like could help [1:05:37] govern h this board does its [1:05:40] business [1:05:40] and one of those is I think a [1:05:45] majority of what this board doe [1:05:48] s [1:05:48] is hold quasi-judicial [1:05:49] hearings. [1:05:49] as opposed to legislative [1:05:52] matters, legislative matters a [1:05:56] re [1:05:56] like what you just did about [1:05:58] weighing in on new statutory [1:06:00] requirements. [1:06:00] it, it's where you can exercis [1:06:03] e [1:06:03] the full breadth of your [1:06:04] discretion. [1:06:04] whether you like something or [1:06:08] not, your opinion, whatever yo [1:06:10] u [1:06:10] want to bring to the table, you [1:06:13] [1:06:13] can for a legislative matter. [1:06:15] a quasi-judicial matter, [1:06:16] however, your discretion is [1:06:19] constrained. [1:06:19] because what it is is [1:06:24] quasi-judicial means it's kind [1:06:25] [1:06:25] of like a court hearing, where [1:06:26] [1:06:26] you're adjudicating rights. [1:06:27] you're adjudicating the [1:06:29] property, or personal rights o [1:06:32] f [1:06:32] a person or legal entity. [1:06:35] so because of that there are a [1:06:36] ll [1:06:36] these common law restrictions [1:06:37] that get imposed that dictate [1:06:39] how you have to do that. [1:06:42] and the three things you want t [1:06:43] o [1:06:43] keep in mind when you are [1:06:44] holding quasi-judicial hearing [1:06:46] s [1:06:46] is that due process has to be [1:06:49] afforded to all affected [1:06:51] parties. [1:06:51] staff really kind of takes the [1:06:54] [1:06:54] lead on that, so that just [1:06:57] involves giving proper notice [1:06:59] and defining who are truly [1:07:00] affected parties as opposed to [1:07:02] [1:07:02] just general residents of the [1:07:05] city. [1:07:05] and it's those affected parties [1:07:09] [1:07:09] who get a heightened level of [1:07:11] due process that again staff [1:07:12] will kind of take the lead on [1:07:13] that. [1:07:13] the second two are more [1:07:17] pertinent to you personally, a [1:07:18] nd [1:07:18] that's when you're at the [1:07:19] hearing, what you're really [1:07:22] doing is you're accepting what' [1:07:24] s [1:07:24] called competent substantial [1:07:25] evidence, so you're like a [1:07:27] courtroom listening and [1:07:29] receiving a bunch of evidence. [1:07:31] [1:07:31] whether it's coming from city [1:07:32] staff or the property owners o [1:07:36] r [1:07:36] anybody else including members [1:07:37] [1:07:37] of the public who offer [1:07:40] evidence. [1:07:40] and evidence is a heightened [1:07:42] threshold. [1:07:42] it's notsgist an not jus [1:07:45] t an [1:07:45] opinion. [1:07:45] it's not just I think this [1:07:46] development's going to cause a [1:07:48] [1:07:48] bunch of bad traffic. [1:07:49] that's just an opinion. [1:07:51] as opposed to if somebody comes [1:07:53] [1:07:53] up and is says I'm a traffic [1:07:55] engineer with such-and-such [1:07:57] years of experience, and based [1:07:58] [1:07:58] on this objective data and my [1:08:00] analysis, this is going to, you [1:08:03] [1:08:03] know, and then their opinion I [1:08:04] s [1:08:04] based in fact and evidence in [1:08:06] that way. [1:08:07] that could be competent [1:08:08] substantial evidence that the [1:08:09] board takes into account. [1:08:11] so again, you're collecting thi [1:08:13] s [1:08:13] competent substantial evidence [1:08:15] [1:08:15] from all affected parties, [1:08:17] andial all members of the publi [1:08:19] c [1:08:19] who speak, if it truly is [1:08:21] evident, you're collecting that [1:08:22] [1:08:22] evidence and then you're [1:08:23] applying it to the correct law [1:08:29] [1:08:29] that is applicable in that [1:08:30] case. [1:08:30] what that means is the specifi [1:08:32] c [1:08:32] criteria that governs your [1:08:35] particular decision for that [1:08:36] hearing. [1:08:36] so for instance, for this last [1:08:39] [1:08:39] one with the sign height [1:08:42] extension, the land development [1:08:45] [1:08:45] code lays out like six or seven [1:08:48] [1:08:48] criteria that's in the code for [1:08:49] [1:08:49] how this board is to make that [1:08:51] [1:08:51] decision. [1:08:51] and allison for, you know, [1:08:53] presented those in her [1:08:55] presentation. [1:08:55] so those are the criteria you [1:08:58] want to stick to. [1:09:00] what you'll find is in most all [1:09:03] [1:09:03] of the quasi-judicial -- I wou [1:09:04] ld [1:09:04] say all of the quasi-judicial [1:09:06] hearings that this board holds [1:09:09] , [1:09:09] the criteria never includes jus [1:09:12] t [1:09:12] do you like this project. [1:09:14] does it look cool to you or [1:09:15] does -- you know, do you think [1:09:17] [1:09:17] it's a good thing or a bad thi [1:09:18] ng [1:09:18] for the city? [1:09:19] the city's going in a good or [1:09:20] bad direction or you know where [1:09:23] [1:09:23] like housing this is pro-housing [1:09:24] [1:09:24] this is an anti-housing. [1:09:28] it's none of that stuff. [1:09:30] it's just are these criteria m [1:09:33] et [1:09:33] or not. [1:09:33] so you know all the [1:09:34] policymaking, all those fun [1:09:35] questions so to speak, are [1:09:36] handled at the policy level, t [1:09:38] he [1:09:38] legislative level, I [1:09:39] mentioned,. [1:09:39] quasi-judicial, all that's [1:09:44] already been established. [1:09:46] you're just applying it now. [1:09:48] so that's how how the major [1:09:51] ity I [1:09:51] think of your decisions as a [1:09:52] beard operate is in that [1:09:53] quasi--- board operate is in [1:09:54] that quasi-judicial realm and [1:09:56] this board does a great job. [1:09:57] I've never compared to a lot o [1:10:00] f [1:10:00] cities where city attorneys are [1:10:01] [1:10:01] busy because boards kind of go [1:10:02] [1:10:02] rogue. [1:10:02] like you guys do a good job [1:10:08] so, so the, that's a [1:10:13] quasi-judicial hearing -- just [1:10:15] [1:10:15] points about quasi-judicial [1:10:16] hearings to keep in mind. [1:10:20] is if the interest of that fir [1:10:21] st [1:10:21] one I mentioned due process, y [1:10:23] ou [1:10:23] do want to avoid ex parte [1:10:26] contacts they're called, and s [1:10:28] o [1:10:28] nat that just means best way [1:10:31] to [1:10:31] apply it I think the easiest w [1:10:33] ay [1:10:33] is just do not talk to anybody [1:10:36] [1:10:36] about that matter outside of t [1:10:39] he [1:10:39] public hearing. [1:10:40] anybody's a little too much [1:10:42] because you can talk to, you [1:10:45] know, your spouse or your best [1:10:47] [1:10:47] friend, who has nothing to do [1:10:49] with it. [1:10:50] technically only that ex [1:10:52] prohibition only applies to [1:10:55] parties, affected parties in t [1:10:57] he [1:10:57] case. [1:10:57] but because unlike courtroom [1:10:59] where you might be dealing wit [1:11:00] h [1:11:00] two litigants, the affected [1:11:02] parties for a matter that's [1:11:04] comes before this board could b [1:11:05] e [1:11:05] hundreds of people, so rather [1:11:07] than discerning, you know, if [1:11:10] you see somebody at publix [1:11:12] whether you're an affected par [1:11:14] ty [1:11:14] or not it's just easier to not [1:11:15] [1:11:15] talk about stuff, you know, [1:11:17] unless you're certain they have [1:11:18] [1:11:18] nothing to do with the issue. [1:11:21] so yes, so that's where you want [1:11:22] [1:11:22] to avoid any, any contact. [1:11:25] so that includes e-mails, you [1:11:28] know, people might email you [1:11:29] because of your role but don't [1:11:31] , [1:11:31] don't reply. [1:11:34] and just avoid communications [1:11:35] and leave it all for the publi [1:11:37] c [1:11:37] hearing. [1:11:37] that's an interest in due [1:11:41] process. [1:11:41] so. [1:11:41] >> I was just going to say, it [1:11:44] [1:11:44] doesn't happen at often now, b [1:11:47] ut [1:11:47] in the past when we had very [1:11:49] controversial ims it it would [1:11:50] not be uncommon for us to get [1:11:52] e-mails to our personal email [1:11:55] accounts. [1:11:55] just make sure you send them t [1:12:00] o [1:12:00] britney. [1:12:00] also sometimes it's hard, peopl [1:12:05] e [1:12:05] call and at least the past [1:12:09] advice has always been if I in [1:12:11] [1:12:11] fact talk to somebody and it [1:12:13] strayed into quasi-judicial [1:12:15] issues, you disclose before the [1:12:17] [1:12:17] hearing. [1:12:17] >> yeah, exactly. [1:12:19] that's true. [1:12:19] so if you do have inadvertent e [1:12:22] x [1:12:22] parte contacts, it just happens [1:12:23] , [1:12:23] before you realize what's [1:12:25] happening, your duty is to [1:12:28] disclose it at that hearing to [1:12:30] [1:12:30] say that, you know, what the [1:12:31] scope -- that it happened and [1:12:32] what the scope of what was [1:12:33] discussed, and the whole purpo [1:12:35] se [1:12:35] really is to for any, any [1:12:39] affected parties who, to allow [1:12:42] [1:12:42] them to hear what you talked [1:12:44] about so that they can respond [1:12:45] [1:12:45] to that. [1:12:46] you know, if need be. [1:12:48] so it's just an issue of likepr [1:12:49] ocess and fairness. [1:12:53] another, this is a tricky one. [1:12:55] [1:12:55] but under florida law, which I [1:12:57] s [1:12:57] unique to several other states, [1:13:01] [1:13:01] but as you all know well, land, [1:13:04] [1:13:04] the use of land is largely [1:13:06] regulated with a two tier [1:13:10] process in the state with land [1:13:11] [1:13:11] use planning and then zoning. [1:13:14] so the comprehensive plan and [1:13:15] land use planning, all of that [1:13:19] [1:13:19] is the state law for whatever [1:13:20] reason in the courts not [1:13:23] statutory, has deemed that [1:13:24] legislative. [1:13:24] so it's that first instance of [1:13:28] [1:13:28] decision making where your [1:13:30] discretion is as broad as it c [1:13:31] an [1:13:31] be. [1:13:31] land use planning is all [1:13:34] legislative, even a land use [1:13:36] change for a particular piece o [1:13:38] f [1:13:38] property. [1:13:38] and even, and this is where it [1:13:41] [1:13:41] gets confusing and why I'm [1:13:42] telling you s because often the [1:13:44] [1:13:44] land use change and the zoning [1:13:46] [1:13:46] change will come together is [1:13:50] staff will present them [1:13:50] together. [1:13:50] it's just a weird quirk in [1:13:52] florida law that the land use [1:13:54] portion is legislate fn, iv [1:13:56] e, but [1:13:57] the zoning portion is always [1:13:59] quasi-judicial. [1:13:59] why that's tricky is you'll ge [1:14:03] t, [1:14:03] you know, seasoned engineers a [1:14:07] nd [1:14:07] other folks who might approach [1:14:09] [1:14:09] you behind the scenes, outside [1:14:11] [1:14:11] of the public meeting, and say [1:14:13] , [1:14:13] oh, I want to talk to you about [1:14:14] [1:14:14] this development. [1:14:16] I'll only talk about the [1:14:17] legislative portion. [1:14:17] and they're kind of hard to, [1:14:18] like, divorce that way because [1:14:22] [1:14:22] it just, becomes kind of [1:14:25] arbitrary like. [1:14:26] so but they'll, you know, [1:14:27] they'll couch it in those terms [1:14:30] [1:14:30] that, we'll just talk about the [1:14:31] [1:14:31] legislative portion so we can [1:14:33] fully kind of try to convince [1:14:34] you, and then we'll save the [1:14:37] quasi-judicial portion for the [1:14:38] [1:14:38] end. [1:14:38] you know, at the hearing. [1:14:41] anyways, my advice is always [1:14:45] unless you are, you know, that's a personal [1:14:49] a personal decision -- I would [1:14:50] [1:14:50] just counsel if it was me havin [1:14:52] g [1:14:52] ima eof those any of tho [1:14:56] se [1:14:56] discussions because it's just [1:14:57] hard to separate those. [1:14:58] even planning had a hard time [1:14:59] when they're giving [1:15:00] presentations they'll give a [1:15:01] detailed presentation in for [1:15:06] the [1:15:06] land use portion to kick it off [1:15:07] [1:15:07] and when the zoning comes up, w [1:15:12] e [1:15:12] already told you everything. [1:15:13] sometimes it's a very [1:15:14] abbreviated presentation, so [1:15:15] that's just an example of how [1:15:17] kind of interwoven those two [1:15:20] proses are, and -- processes [1:15:22] are, so yeah, you know, I would [1:15:23] [1:15:23] tend to avoid any ex parte [1:15:27] discussions and that might eve [1:15:28] n [1:15:28] include the legislative portion [1:15:31] [1:15:31] for situations like that. [1:15:33] the last bit of advice I could [1:15:35] [1:15:35] give for quasi-judicial hearings [1:15:39] [1:15:39] is so when you're making a [1:15:41] decision, you generally I would [1:15:43] [1:15:43] say have four options. [1:15:45] anytime a dcomes before [1:15:49] you. [1:15:49] and fortunately, you know -- b [1:15:50] ut [1:15:50] we're going through a phase [1:15:51] right n where there's just not [1:15:52] [1:15:52] many controversial items for [1:15:54] whatever reason. [1:15:57] >> knock on wood sphwhoo don't [1:15:58] [1:15:58] say it too loud. [1:15:58] >> you guys need to get some [1:16:00] controversy. [1:16:00] but you know, it goes through [1:16:07] waves and several years back we [1:16:08] [1:16:08] had a ton of them that we were [1:16:10] [1:16:10] dealing with. [1:16:11] but and I just preface the [1:16:14] comments because keep in mind [1:16:16] when you have a decision that [1:16:18] comes before you, it's importa [1:16:19] nt [1:16:19] to know especially if it's [1:16:20] controversial but even for any [1:16:22] [1:16:22] of them, there's four options [1:16:24] you really have you can approve [1:16:26] [1:16:26] it outright the way it was [1:16:28] applied for. [1:16:30] you can deny it outright; if t [1:16:34] he [1:16:34] competent substantial evidence [1:16:36] [1:16:36] shows that the, that the corre [1:16:39] ct [1:16:39] law, the criteria you have to [1:16:41] apply is not met. [1:16:43] so if the evidence that was all [1:16:44] [1:16:44] gathered shows that the [1:16:45] criteria's not met then you can [1:16:46] [1:16:46] deny it outright. [1:16:48] so you can approve it outright, [1:16:49] [1:16:49] you can deny it outright, you [1:16:52] can, you can continue the [1:16:53] meeting, that's one that [1:16:54] sometimes is important to know [1:16:56] [1:16:56] again that's why I was thinking [1:16:56] [1:16:56] controversial. [1:16:56] for controversial ones or ones [1:16:59] [1:16:59] that get in the weeds at the [1:17:02] hearing, so you know again [1:17:07] hasn't happened here lately but [1:17:08] [1:17:08] in past years, for really meaty [1:17:12] [1:17:12] issue you might get a lawyer [1:17:13] that shows up representing the [1:17:14] [1:17:14] property owner or an adjacent [1:17:16] property owner, that at the [1:17:18] hearing just has like a mountain [1:17:19] [1:17:19] of evidence to support their [1:17:22] whatever their argument is. [1:17:25] well, this, you know, the board [1:17:27] [1:17:27] can't be expected to review all [1:17:29] [1:17:29] that evidence of course that the [1:17:30] [1:17:30] night to make it an informed [1:17:32] decision, so there is an abili [1:17:36] ty [1:17:36] to continue the hearing to a [1:17:39] future date to make sure that [1:17:43] the hearing takes place [1:17:45] thoroughly and fairly with due [1:17:47] [1:17:47] process. [1:17:47] there are limits to that. [1:17:48] staff would help you, you know, [1:17:50] [1:17:50] you can't just keep continuing [1:17:51] a [1:17:52] meeting and hearings to, you [1:17:53] know, a delay tactic and stuff [1:17:56] [1:17:56] like that. [1:17:57] but nonetheless, continuation I [1:17:58] s [1:17:58] an option. [1:17:58] I just want to point out. [1:18:00] the last option is an approval [1:18:02] [1:18:02] with conditions. [1:18:03] which you know, I think that [1:18:05] happens routinely. [1:18:08] there's a practical matter of [1:18:09] course this board relies heavi [1:18:10] ly [1:18:10] on staff who are the experts and [1:18:14] [1:18:14] work day to day on this, so [1:18:15] staff will really vet issues [1:18:16] well and bring it to you, and [1:18:18] make a recommendation that we [1:18:20] recommend you approve this but [1:18:21] [1:18:21] with these conditions and the [1:18:23] conditions are only there to, [1:18:29] because it's to get that [1:18:30] application to the place where [1:18:31] [1:18:31] it can be approved. [1:18:32] so in other words, it was [1:18:34] approvable and meets everythin [1:18:35] g [1:18:35] in the code and the [1:18:37] comprehensive plan, except for [1:18:38] [1:18:38] like these two or three things [1:18:40] [1:18:40] that need to be done to fix thi [1:18:41] s [1:18:41] little area that was, you know, [1:18:43] [1:18:43] eskew a askew a little bit [1:18:47] so [1:18:47] that's when the recommendation [1:18:47] [1:18:47] is approved with conditions and [1:18:48] [1:18:48] you can do that to, certainly. [1:18:51] [1:18:51] the reason I'm telling you all [1:18:53] [1:18:53] this is because, and again thi [1:18:56] s [1:18:56] board doesn't do it, so you [1:18:57] know, but if you on your own [1:19:01] want to desire to make up [1:19:02] conditions on the fly, you know [1:19:04] [1:19:04] because you're like okay, thank [1:19:04] [1:19:04] you, staff, for your [1:19:05] recommendation, but I would like [1:19:07] [1:19:07] to move to continue this, I [1:19:09] mean, to approve this with the [1:19:11] [1:19:11] condition that x yz. [1:19:14] you just have to be very caref [1:19:16] ul [1:19:16] with those conditions because [1:19:17] there's a whole body of case l [1:19:19] aw [1:19:19] that governs the limits of wha [1:19:21] t [1:19:21] you can do. [1:19:22] and there is in the state of [1:19:23] florida there's what's called a [1:19:24] [1:19:24] dual rational nexus test that [1:19:26] just says without boring you t [1:19:28] oo [1:19:28] much, the conditions that you [1:19:30] want to impose have to be [1:19:32] related to that, to the impacts [1:19:34] [1:19:34] of that specific development. [1:19:38] an example there is say [1:19:39] traffic. [1:19:39] if there's going to be a [1:19:42] development on a street that's [1:19:43] [1:19:43] already taxed, it's already [1:19:46] pursuant to traffic engineering [1:19:47] , [1:19:47] you know, out of the standards [1:19:49] [1:19:49] of what it should be, well, you [1:19:52] [1:19:52] can't condition that new [1:19:54] development on fixing stuff tha [1:19:58] t [1:19:58] that development didn't cause. [1:20:01] [1:20:01] so that's the first portion of [1:20:05] [1:20:05] that condition decision tree s [1:20:07] o [1:20:07] to speak, is that whatever [1:20:08] condition you want to impose h [1:20:10] as [1:20:10] to be related and caused by tha [1:20:12] t [1:20:12] specific development. [1:20:14] nothing else. [1:20:15] the second tier is that once [1:20:19] that's the case then you can [1:20:20] impose a condition but the [1:20:21] condition has to in relationshi [1:20:26] p [1:20:26] to the specific issue that tha [1:20:28] t [1:20:28] development is causing. [1:20:30] so in other words if they are [1:20:31] causing an issue with traffic, [1:20:35] [1:20:35] using that same example, and you [1:20:37] [1:20:37] do want to make a condition that [1:20:40] [1:20:40] is, is tailored to the impact [1:20:41] that that development is [1:20:42] causing, well then your co [1:20:45] condition to fix that can't be [1:20:47] [1:20:47] so we want you to deed us over [1:20:49] a [1:20:49] five-acre public park, for [1:20:51] instance. [1:20:51] you know? [1:20:52] urban cities do this, like the [1:20:54] re [1:20:54] is case law where, you know, [1:20:55] like oh, you're causing a littl [1:20:57] e [1:20:57] bit of traffic. [1:20:59] we're going to need 10 acres s [1:21:01] o [1:21:01] we can have a public park like [1:21:02] [1:21:02] down, you know, down the [1:21:03] street. [1:21:03] so that's where you got to be [1:21:06] careful with that second tier I [1:21:07] s [1:21:07] that your condition is related [1:21:09] [1:21:09] to what they're doing. [1:21:12] and so anyways, that is about a [1:21:14] s [1:21:14] brief as I can get you. [1:21:15] any questions? [1:21:16] >> [off mic] [1:21:21] advisory on almost everything. [1:21:22] [1:21:22] the only thing we're not [1:21:23] advisory on is the special use [1:21:25] [1:21:25] permits. [1:21:25] and so when the special use [1:21:29] permit has a list of god I thi [1:21:31] nk [1:21:31] it's up to 13 different [1:21:35] criteria, so if you want decid [1:21:37] e [1:21:37] you want to deny a special use [1:21:38] [1:21:38] permit, in your motion you nee [1:21:41] d [1:21:41] to specify what the grounds are [1:21:44] [1:21:44] for doing that, and that gives [1:21:47] [1:21:47] these guys if somebody wants t [1:21:50] o [1:21:50] sue us, it gives our attorneys [1:21:53] [1:21:53] the ability to defend. [1:21:55] >> that's true. [1:21:58] wayerhauser was a big one the [1:22:05] city did. [1:22:05] it led to a lot of litigation [1:22:08] but my office and staff did a [1:22:09] good job of counseling the [1:22:10] commission and having a bunch o [1:22:11] f [1:22:11] legitimate reasons for denial [1:22:15] that led to success in [1:22:17] litigation. [1:22:17] but a lot of boards won't and [1:22:20] they'll just deny and go rogue [1:22:21] [1:22:21] and that's when cities lose [1:22:23] those cases. [1:22:25] so that's all I had to say. [1:22:31] if there are any questions or [1:22:32] any areas you want to touch on, [1:22:33] [1:22:33] I'm happy to hear. [1:22:34] >> I would volunteer if you're going [1:22:35] going to deny a special use [1:22:37] permit based on incompatibility, [1:22:39] [1:22:39] that's probably the weakest [1:22:44] criteria when you take that to [1:22:45] [1:22:45] court unless you can give some [1:22:47] [1:22:47] specific reason why it is [1:22:50] incompatible rather than a [1:22:51] generic it's incompatible. [1:22:54] incompatible doesn't have a [1:22:57] strong definition. [1:23:01] I don't like gas stations. [1:23:02] I've heard somebody from this [1:23:04] board say that a couple of yea [1:23:06] rs [1:23:06] ago. [1:23:06] you just, you know, that's just [1:23:10] [1:23:10] not going to work. [1:23:12] >> people have rights to have [1:23:13] gas stations and you may not [1:23:14] like them, but you have to mee [1:23:17] t [1:23:17] the ordinance. [1:23:18] >> yeah. [1:23:22] quasi-judicial realm. [1:23:24] beput it's legislative, we I [1:23:28] f [1:23:28] you say I hate gas stations [1:23:30] [1:23:30] stations and want to keep them [1:23:31] [1:23:31] in the very corner of the city [1:23:33] [1:23:33] you can make that recommendatio [1:23:35] n [1:23:35] to the city. [1:23:36] okay, good luck. [1:23:37] if you have any questions in th [1:23:38] e [1:23:38] future, just reach out. [1:23:39] >> okay. [1:23:41] >> bob, I bored bob like I [1:23:44] said. [1:23:44] I was trying not to. [1:23:46] >> bob spoke more than anybody [1:23:48] [1:23:48] else, so I think you didn't bor [1:23:49] e [1:23:49] him. [1:23:49] >> only the tenth or 12th [1:23:51] time. [1:23:51] >> you guys should do it -- [1:23:53] >> it's always been you. [1:23:53] >> it's always been me. [1:23:55] >> yeah and it's always been [1:23:56] me. [1:23:56] [laughter] [1:23:56] okay. [1:23:56] >> all right,. [1:24:01] >> well, thank you so much for [1:24:02] , [1:24:02] for the refresher, and you know, [1:24:05] [1:24:05] yeah. [1:24:05] I wish I had known some of thi [1:24:06] s [1:24:06] stuff like years ago when I was [1:24:08] [1:24:08] really screwing up as opposed t [1:24:10] o [1:24:10] now where I'm only sometimes [1:24:12] kind of. [1:24:15] but very helpful. [1:24:16] okay. [1:24:16] we're moving onto member [1:24:19] comment, of which I have a [1:24:21] member comment. [1:24:23] I did want to talk adjust [1:24:25] briefly about our last meeting [1:24:28] [1:24:28] because there was some after [1:24:32] meeting e-mails and after [1:24:33] meeting discussions, and so I [1:24:35] don't know about the board but [1:24:36] [1:24:36] from other people, it's just a [1:24:48] [1:24:48] reminder we should treat each [1:24:49] other with grace, we should [1:24:50] treat each other with respect. [1:24:51] [1:24:51] we all have passion which is w [1:24:54] hy [1:24:54] year here. [1:24:54] sometimes that passion leads u [1:24:55] s [1:24:55] to -- it can boil over a bit a [1:24:57] nd [1:24:57] lead us to kind of butt heads, [1:24:59] [1:24:59] and I think respectful [1:25:00] disagreement is okay. [1:25:04] I think we also should remembe [1:25:05] [1:25:05] to respect the people that com [1:25:08] e [1:25:08] before us. [1:25:10] it takes -- to come up and spe [1:25:13] ak [1:25:13] in public so make sure that [1:25:14] anybody that comes before us, w [1:25:15] e [1:25:15] afford them respect and then [1:25:16] also just remember that what [1:25:18] we're dealing with is people's [1:25:20] [1:25:20] homes, people's businesses, [1:25:23] their churches, their [1:25:24] communities, their [1:25:26] neighborhoods, and so when we' [1:25:29] re [1:25:29] also speaking to people about [1:25:30] these issues and speaking about [1:25:33] [1:25:33] the issues in particular, to [1:25:36] afford those issues the respect [1:25:37] [1:25:37] they deserve as well because [1:25:38] everything that comes before t [1:25:41] he [1:25:41] board matters to somebody,. [1:25:43] if if did didn't matter to [1:25:48] anybody, it wouldn't be before [1:25:49] [1:25:49] us. [1:25:49] just a reminder to everybody. [1:25:50] generally I think we do a good [1:25:51] [1:25:51] job of this, but just in gener [1:25:53] al [1:25:53] reminder to do that. [1:25:54] and then of course with us, you [1:25:56] [1:25:56] know, on the board, if you hav [1:25:58] e [1:25:58] something you want to say, jus [1:25:59] t [1:25:59] hit the button. [1:26:01] that stupid little button will [1:26:03] [1:26:03] light up in front of me and the [1:26:04] n [1:26:04] I'll at some point remember to [1:26:05] [1:26:05] hit it, and then you'll be abl [1:26:07] e [1:26:07] to speak. [1:26:09] and so you know that'll be you [1:26:11] r [1:26:11] time to speak and if somebody [1:26:13] wants to jump in because they [1:26:14] disagree, just hit your button. [1:26:17] [1:26:17] I will hit the button and once [1:26:18] [1:26:18] they are done making their poi [1:26:19] nt [1:26:19] you can jump in and say whatever [1:26:20] [1:26:20] you want to say to rebut them o [1:26:22] r [1:26:22] you know, I don't know. [1:26:24] but please do it respectfully. [1:26:26] [1:26:26] and the last thing, which is [1:26:28] ironic because I'm kind of [1:26:29] grandstanding right now is jus [1:26:30] t [1:26:30] we all do it from time to time, [1:26:32] [1:26:32] we're all very passionate, we [1:26:34] should try to keep that to a [1:26:36] minimum and try to keep focused [1:26:37] [1:26:37] on the agenda at hand and work [1:26:39] [1:26:39] at hand. [1:26:39] these meetings run pretty long [1:26:41] [1:26:41] sometimes. [1:26:41] I'm extending it right now to [1:26:43] say this, so I know I'm aware o [1:26:45] f [1:26:45] that. [1:26:45] all right. [1:26:47] that's my piece. [1:26:47] that's my member comment. [1:26:48] if anybody else has any member [1:26:49] [1:26:49] comments, now's the time. [1:26:54] and seeing none, I'm going to [1:26:56] end this meeting. [1:26:57] the next meeting of the plan bo [1:26:57] board, september 24th, 2026. [1:27:00] with that, this one's