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1:24Good morning, and welcome to the December 9th, 2025 Hillsborough County Board of County Commissioners Land Use Meeting.
1:29Would everyone please rise for the pledge and invocation given by our traveling commissioner Gwyn Myers.
1:36I pledge allegiance to the flag of the United States of America and to the Republic.
1:50Oh Heavenly Father, as we come to our last meeting of the year, we thank you for all that you have allowed us to accomplish this year.
1:59For every applicant who submitted an application that was approved, and for every applicant that we sent back that we did not approve, and hopefully they will have the opportunity to resubmit in 2026.
2:13Thank you for our staff and what they have led us and given us doing this year.
2:20Bless everyone that is here.
2:23We know you are the reason for the season.
2:27In your holy name I pray, Amen.
2:33Thank you, Commissioner Myers.
2:35Grady, we're reviewing changes to the agenda.
2:38Good morning, Commissioners Brian Grady, Hillsborough County Development Services.
2:41In addition to the withdrawals, continuances and remands on the published agenda beginning on page three of the agenda.
2:46We have uh actually two changes of the agenda.
2:49The first uh as listed on the addendum is on page agenda page nine, item E3, PRS 26-0008.
2:56Uh staff is requesting this item to be continued to the January 13th uh 2026 border BOCC land use meeting at 9 a.m.
3:04In addition, we've just been advised to the applicant for agenda item E1, which is uh PRS 25-1360.
3:13They would like to request a continuance of their application to the January 13th, 2026 BOC land use meeting and the applicants here if you'd like to hear from them regarding that request.
3:24Okay, clear motion to approve the changes.
3:27Commissioner Willstill second Commissioner Myers, please record your vote, changes the agenda.
3:40Come here, motion to approve the consent.
3:44Motion uh Commissioner Willstone second Commissioner Myers for the consent agenda.
3:48Please record your vote.
3:57So uh if anyone here it's for a B item, your application's been approved.
4:00Uh if you're planning on testifying today, will you please uh stand, raise your right hand so the clerk can swear you in?
4:11Do you swear or affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth.
4:20Grady, I'm gonna do introduce the first item.
4:24Commissioners, uh, with the continuance of E1.
4:26The first item then is agenda item E2, PRS application 26-0005.
4:31This is a request for a minor modification to a uh parcel within a larger PD that's located at the uh southeast corner of uh Cummington uh Garden Drive and Big Ben Road west of I-75.
4:44Uh the requ the request includes a number of changes, including modification of the circulation design, stormwater locations, uh, maximum number of townhome units, and permitted location of the CI zoning district uses with respect to the relocation of the CI zoning district uses uh along the in the southeast corner.
5:02They are required to have CG uses to provide a transition from uh for from the CI zoning district uses that are allowed in the in the balance of the property.
5:11Uh the request includes commitment for a large storewater pond along this along that southern boundary, which provides for significant setback of uses along that boundary.
5:19Therefore, staff is recommending approval of that change as well as the other changes to the request, and we're available for any questions.
5:25All right, thank you.
5:32Good morning, Cammy Corbett with the law firm of Hill Ward and Henderson.
5:35I don't have anything further to add.
5:36I'm here to answer any questions.
5:39Any proponent testimony?
5:41Anyone here in support?
5:43Any opponent testimony?
5:46Can we motion approval?
5:47Motion Commissioner Cohen.
5:49Second Commissioner Wolstall.
5:50Uh please record your vote on E2.
5:56Motion carried seven to zero.
6:04Commissioners, the next item is agenda item F1 rezoning PD uh 25-0929.
6:11Uh, this is a request to rezone an 8.34 acre parcel uh on the uh south side of Memorial Highway, uh, west of uh the uh Veterans Expressway and the uh the airport.
6:23Uh the request is rezoned the property from business professional office to plan development uh to provide for uh 71 units consisting of a mix of uh townhomes and single family detached.
6:34Uh staff is recommending approval.
6:36Uh Planning Commission found a consistent hearing also recommended approval and staffs developed for any questions.
6:41Okay, is the applicant here.
6:53Good morning, Cami Corbett with the law firm of Hill Ward and Henderson this morning representing Matamy Homes.
6:58I have a brief presentation that I'd like to go through.
7:00It's a little bit repetitive of what staff did, but I just want to show you some more graphics.
7:04Subject properties on Memorial Highway.
7:07The existing zoning is BPO with a future land use of R20.
7:13We have 71 total units.
7:15We're proposing 54 townhome lots on the easternmost boundary of the site, and on the western side, we have 17 single family dwelling units.
7:25We are actually providing a transition from the R20 to the east, uh, which is developed at 16 units of the acre, and we are at 8.51 units the acre, so uh more than 50 percent less than what's allowed if by the curning current future land use.
7:42Uh there are a variety of comprehensive plan policies in support of this application, which are sub uh in your planning commission report, and you will hear from them showing that this development is consistent and compatible with the comprehensive plan.
7:54We have no objections from reviewing agencies, and it's been found consistent and compatible and also approvable subject to conditions.
8:02Uh we are showing a we have a similar separation from existing single family to what exists today, and actually greater in some instances uh to the sweetwater subdivision directly to the west.
8:14Uh we are asking for relief from the requirement that we increase the setback every two feet for one foot from the property line, only on the eastern boundary, though, and that's where we have the townhomes.
8:26And we actually are comfortable with that because we have an 80-foot separation in between the townhomes and the multi-family.
8:32Uh that allows us to provide a greater setback along the western edge.
8:36If we were to not get relief from the two to one setback, we would have to shift the townhomes and then shift the single family closer to the canal.
8:43So we thought overall, this was a more thoughtful design.
8:47Uh, one reality about this site, it is zone BPO, which is commercial zoning, which means it is eligible for live local.
8:54Uh, what you see is an illustrative site plan showing uh a layout that would comply with RM24 zoning district, and so that would be eligible for up to 35 units to the acre under Live Local.
9:06That's not something Matamy would consider, but it is something that is eligible for this site.
9:12Uh there were some concerns expressed in the record about wetland impacts.
9:16This shows the wetland line, and you can see that our development, our site development does not impact the wetlands in any way.
9:22Uh Abby Naylor, our biologist, is here.
9:25Should you have any questions specifically regarding that, but we are not proposing any wetland impacts.
9:30Uh we also heard some concerns about traffic, uh, but uh Steve Henry, our transportation engineer who is here, testified at the zoning hearing master that given that the site was zoned BPO, we are a significant reduction to the traffic that will be generated from this driveway.
9:46Um and then lastly, we heard a lot about uh the the canal and the status of the canal and dredging.
9:51That's not really before you this morning.
9:53That's not something we're directly related to the zoning.
9:56This is a canal front property.
10:00Anyone that owns that property has reparian rights.
10:02The status of the dredging is something that would be permitted and reviewed by other agencies, and that's not before you this uh this evening or this morning.
10:09Uh got my time's mixed up.
10:12Um ultimately the zoning hearing master heard the concerns of the residents and ultimately recommended approval, and we'd be asking the same of you this morning.
10:21All right, thank you.
10:22That time this time, any proponent testimony, anyone in support?
10:26Any opponent testimony?
10:28Anyone in opposition, please come forward.
10:46Can we leave that map up?
10:50You have to go first.
10:51Oh, I didn't know the rule.
10:56My name's Rick Norgart.
10:58I'm one of Jack's neighbors.
11:01Uh I live at 4213 Saltwater Boulevard directly across from the property.
11:07I've been there over 20 years, and my wife and I are very much for it.
11:13Um we'd like to see capitalism work.
11:16I feel that if people build their homes and have their home there, they're gonna take a lot better care of the property than some businessmen, maybe from Canada or Brazil or wherever.
11:30And the the canal has been woefully neglected for my 20 years there.
11:35Just we became many times a sewer from the properties up north, sewer breaks, everything else.
11:43Um through the good work of Jack and the county.
11:47About five, six years ago, we all chipped in and had a dredge, but the hurricane, Mother Nature fixed that last year real good.
11:55And you know, people that have waterfront property pay a higher rate of taxes because the property is worth more.
12:01That's fair, but we haven't been able to use our property much the last 20 years because all the silt from farther north, because whatever happened, the silt came down and it's ruined the boating.
12:13And you know, it's one of our most precious resources in Florida.
12:17People come to Florida for the water and the lifestyle and the boating.
12:20We become a boating hub.
12:22You know, big companies like Zuzuki and Marine Max have moved here because of voting, and we're not keeping the boating up.
12:29We it's it's a precious natural resource, and we need to take care of it, all of us.
12:35But my wife and I are 100% for it.
12:39I want to see capitalism work.
12:41I feel that people that are gonna own their live there are gonna have more responsibility than the like across the street in Memorial where they got a smoke shop and they're selling whatever that the drugs and all this other stuff.
12:55We don't need any more commercial property over there.
12:58And I saw how it worked farther down our neighborhood where the the shriners sold their land and they put homes in there.
13:05That area is developed beautifully.
13:07So we have a good roadmap.
13:11I trust people that own their own homes a lot more than I trust a business and what you know.
13:16When you're in business like me, it's about dollars and cents and bottom line a lot of times.
13:22But homeowners, it's your home.
13:25And I want to trust homeowners.
13:28Thank you for your time.
13:30Appreciate your comments.
13:31All right, now those in opposition.
13:37All right, my name is Jack Berlin.
13:39I live at 4207 Saltwater Boulevard, directly uh on Sweetwater Creek.
13:45Um I'm gonna go through this, but I'm not an opposition of building on this property.
13:52What I heard them say was this is not the zoning board's responsibility.
13:58Now it's not the OCC's responsibility, but once this property is built, it cannot be used for dredging.
14:06So it's like punt, punt, punt.
14:07There's no other option build.
14:10Um some of you may know me, I've been around a long time.
14:13So 30 years ago in 1995, the Hillsborough County stormwater officials looked out at Sweetwater Creek and said to a group of us, we need to fix this.
14:22We are still waiting.
14:24The Scottish right not only did not help, but actually hampered our creek dredging efforts over the years.
14:30It was sweetwater homeowners that paid the plant their property, that paid to install fencing and signage to protect the wetlands area.
14:38While they ignored the creek and maintenance of their own fencing.
14:42Now that open field is the only economical means of dredging Sweetwater Creek.
14:49I repeat what I said at the zoning hearing.
14:51I am not opposed to developing this property.
14:54I am suggesting that this development make modifications and offer protections before being allowed to proceed.
15:02As the EPC and other agencies have pointed out, Lower Sweetwater Creek is an environmental disaster.
15:08Not just the creek itself, but the entire watershed and its often flooded drainage area and ultimately upper Tampa Bay, it dumps into sediment into.
15:19At the zoning hearing, I asked for more buffer and protections for the wetlands, to which their nice paid expert responded, no need, we're taking care of the wetlands.
15:28Pull a few Brazilian peppers and all will be fine.
15:32I was not given the opportunity to refute, even given my 20-year involvement with Hillsburg County conservation.
15:39It is my bet that said expert did not inspect or notice the footpaths, the beer cans, the trash, the feral animals, and even campsites in that so-called protected wetland.
15:53I suggested that the proposed density was too high, with 19 docks across from where our neighborhood has nine.
16:018.5 homes per acre versus sweet waters 4 per acre.
16:05But the experts looked at the adjoining apartment density and said, it's all good.
16:10So I suggested, given the apartment road abuts the proposed townhomes, that the existing infrastructure be used in order to save more green space.
16:20But I assume the new townhomes will be well protected from those apartments wanting not to associate with them at all.
16:28So let me summarize.
16:29They look east for density approval, but not for neighbors.
16:33They look west for docks, but not for water.
16:36They look north for a road, but not for easy access, which just leaves looking south for wetlands to play in.
16:43It is my request is the following.
16:46Prior to allowing the development of Scottish Wright property, complete the county dredge project on Lower Sweetwater Creek before utilizing this waterfront.
16:55Increase and enhance the wetland set setback on the south end of the project.
17:00Lower the density of residents by increasing the setbacks between homes.
17:06They propose 10 for this development.
17:08Face the multifamily project eastward utilizing existing driveway.
17:13Thank you for your time today.
17:16This time Albucant has a five-minute rebuttal.
17:24Tammy Corbett with Hill Ward Henderson.
17:26Um, we are looking to the existing future land use of the exact property that we're talking about.
17:31We're not looking east and saying that's multifamily to the east, and we should have something dense here.
17:36We have residential 20 future land use.
17:39We are proposing 8.51 units the acre.
17:42We are a significant reduction to what's already allowed.
17:45And since he somewhat somewhat tried to impugn Miss Naylor's uh character, I'm going to ask her to come up and testify as to the wetlands issues.
18:06Good morning, Abby Naylor, 14706, Tudor Chase Drive, Tampa, Florida, with Naylor Environmental Solutions.
18:12Um yeah, I just wanted to speak to the wetlands on site.
18:16Uh where in the graphic where it says project boundary, kind of that yellow line along the west side.
18:22That's all all seawall right now in its existing condition.
18:26And the south side is where the seawall kind of uh fades out and and it's uh predominantly mangroves, which are more with a more natural shoreline.
18:37You can see the what where the wetland line is on the on the site.
18:40We are we're not impacting the wetland.
18:42We are maintaining um buffers, and there is a there is a high density of Brazilian pepper, and and uh Mr.
18:50I mean, like any um kind of coastal area, you get drift.
18:54Trash does enter there, there are beer cans or things, but that kind of unfortunately occurs along any type of tidal coastal area.
19:02Um, I think with the improvements proposed, homeowners take care of take care of their land.
19:09I think that will actually be an improvement and be cleaned up, and we are going to be removing the nuisance exotics, and that's actually a requirement of the of the county's code, where we'll have to implement an invasive management plan under and when we get to site plan approval.
19:24Let me know if you have any questions.
19:33Again, looking looking at the totality of the evidence, I think that you will find that this proposed request is consistent and compatible with the future land use.
19:42We are providing a reduction in density.
19:44We have been sensitive.
19:45We are transitioning from multifamily to town homes to single families, and we would respectfully request your approval this morning.
19:52All right, thank you.
19:53Planning commission.
19:56The subject property is located within the residential 20 future land use category.
20:00The site is in the urban service area, and the subject plan is located or subject property is located within the limits of the town and country community plan.
20:08The site is located within the coastal high hazard area per future land use section policy 3.1.3.
20:15Um per policy 2.2.3.5 density bonuses are not applicable to properties within the CHHA.
20:22The applicant is not requesting a density bonus and is therefore consistent with this policy direction.
20:27With 8.34 acres and a density maximum of 20 dwelling units per gross acre in the residential 20 future land use category, the site could be considered for up to 166 dwelling units.
20:39With 71 units proposed at a density of 8.51 dwelling units per gross acre, the request is well under the maximum that may be considered for the site, which is in keeping with adopted policy direction.
20:52The proposal meets the intent of future land use section objective 4.4 and policy 4.4.1 that require new development to be compatible to the surrounding neighborhood.
21:02In this case, the surrounding land use pattern is comprised mostly of a public, quasi-public institutional, single-family, and multifamily use development pattern.
21:12Policy 4.4.1 states that any density or intensity increase shall be compatible with existing proposed or planned surrounding developments.
21:21Development and redevelopment shall be integrated with adjacent land uses through the creation of like uses or the creation of complementary uses.
21:29The proposal meets the intent of these of this policy direction as there are residential developments made up of similar housing types in the immediate area.
21:38There are no goals or strategies outlined in the town and country community plan that apply to this request.
21:43Based upon those considerations, planning commission staff finds the proposed plan development consistent with the unincorporated Hillsborough County comprehensive plan, subject to the conditions proposed by development services.
21:59The zoning hearing master review the applicant's request for a rezoning from BPO business professional office to the Plan Development Zoning District for the development of 71 single-family attached and detached dwelling units consisting of 17 single-family detached homes and 54 town homes.
22:20This will equate to a residential density of 8.5 dwelling units per acre, which is under the 20 dwelling units per acre that could be considered under the Res 20 future land use category.
22:32No waivers of plan develop of plan development or variations are being requested.
22:41The property is currently developed with the Tampa Scottish Wright Masonic Center, located on the south side of Memorial Highway along the east side of Sweetwater Creek.
22:51The county's transportation review staff stated in their comments that the development would reduce the vehicular daily trips by 2,116 trips when compared to the approved entitlements under the current BPO zoning district.
23:08The applicant's environmental consultant testified that there will be no impacts to the existing wetlands.
23:14The zoning hearing master concluded that the rezoning request to plan development for the development of 71 single family attached and detached dwelling units is compatible with the overall development pattern in the area and consistent with the comprehensive plan.
23:30The conclusion of the ZHM was a recommendation of approval.
23:35Okay, going to board discussion.
23:37Commissioner Wolfson.
23:39I just like to always make a comment if someone does come and speak in opposition so that to make sure they don't feel unheard.
23:47Berlin, I I regrettably don't know you, and I um don't want to be the causation for ruining your Hanukkah or Christmas, but the reality is is that the comp plan is already have this as res 20, and when I see an opportunity to reduce density, it I mean it's the number one thing we're begged for is to avoid these high density developments.
24:10And and the reality is that this site is at much greater risk of being significantly higher four-story apartments overlooking your backyard as is the way I see it.
24:23And and I know it's complicated.
24:29I would say though that if it is easily verified that this was just dredged prior to the storms, that there's no way that this redredging um wouldn't be applicable to the CDBG DR funds.
24:44Um, and I believe that if the community did just use um their personal money to dredge this, that we should be using those taxes to um cure this creek.
24:54So if someone could route that up to Bonnie when it comes time, hopefully very soon that we start allocating those dollars.
25:01I believe that we should offer that relief to this area.
25:04Um but uh um I see Commissioner Cohen is um is cued after me and it's it's his district, so I'll I won't make a motion.
25:12I'll I'll let him speak first.
25:13But I would say that I I have to support it, Mr.
25:16Berlin, just because I know you if you stay for the very next items when we talk about the live local report, um, you're gonna hear where I'm coming from on this site.
25:27It's a huge issue that's targeting our communities, and it would it would be way more abusive to you than a some very nice, probably high-income homes across the river from you.
25:39So I will be advocating though, and making sure um in my power that we use some of those DR funds to redredge this area, that you just spent your own money.
25:48Um, but for many reasons, I I have to support the um the lower density that's being offered to us today.
25:55So, sir, this isn't time for you.
25:58You had your opportunity to speak.
25:59I'd be happy to talk to you afterwards, though, Mr.
26:03Uh Commissioner Cohen.
26:05Thank you very much, um, Mr.
26:07And and um, Commissioner Wassel, I I'll pick up where you left off, I I think.
26:13Um first of all, um, the the issue of the dredging really isn't in front of us at this moment, but it's important to point out uh all of us have advocated for money for dredging and water quality projects to improve um the whole entire situation in Upper Tampa Bay.
26:36We get reports regularly about the problem of of all of the water that flows down.
26:42There are projects in the work, including uh one directly involving Sweetwater Creek.
26:49We did Baycrest recently, and I think Commissioner Wastel, I'll just say I look forward very much, and I'm sure the residents do, to your support of using the CDBG money for this type of purpose, because it's certainly an appropriate one.
27:03There are a couple of things I that I would point out about this.
27:07First of all, um I am always uh when this particular area is the subject of a development request.
27:16Always um there is the issue of the coastal high hazard area that is very serious that has to be overcome.
27:24But the the issue here is that uh not only are they asking for about half of the density that they would be entitled to, but we have a state law that Commissioner Wostall uh referenced, uh the Live Local Act, that would give them an automatic entitlement to something much larger, much more intrusive and and much more dense than what they are proposing.
27:51And they would be able to get that as of right without having to even come here for a hearing.
27:58Um the other thing is that it's already proposed for it it's already allowed to have commercial development on the property.
28:06So even if nothing happened, it it would have the possibility of being something much more obtrusive.
28:13I agree that single family residential on the canal is the best possible chance to make sure that the canals get maintained properly, because as the other speaker mentioned, people are going to be investing in their homes and caring very much about what's going on back there.
28:33So for that reason, um and and and those reasons alone, I am gonna make a motion to support it.
28:41We are going to continue to follow through, however, on the dredging projects that are scheduled and planned for this area.
28:50And um, you know, we can't control Mother Nature, and unfortunately, a lot of the good work that was done prior to the hurricanes is going to have to be is going to have to be redone.
29:00But it doesn't mean that we still don't have a responsibility to do it.
29:05So uh with that, like I said, I'm gonna make a motion for approval, and I do think that this is ultimately uh a good outcome for this property, because it's uh I think much more in keeping with the general character of the neighborhood than what some of the other possibilities would be.
29:23Okay, we've got a motion to approve by Commissioner Cohen, second Commissioner Wolstall.
29:27I don't see anyone else in the queue, so please record your vote.
29:32Motion carries seven and zero.
29:35All right, thank you.
29:37Commissioners, the next item is the staff item, the the uh monthly uh status report on live local active element projects.
29:42As noted in the report, we had two new applications uh filed for uh since the last uh update.
29:48And staffs are built for any questions.
29:51Commissioner Wilson.
30:00Um board, I'd like to point out that one of the new items on this live local report is exact location that in a bipartisan effort between myself and Commissioner Cohen.
30:08We presented salient, reasonable arguments about why we denied that location.
30:13We had comments from emergency management, um, a variety of other reasons.
30:18I pointed out that our affordable housing um requirements of the comprehensive plan requires it to be on a bona fide fixed transit route.
30:26That that time the applicant had pointed to a PSTA route across the street that's not even um in our county.
30:33Um and for those many reasons.
30:35I intentionally added an item onto the agenda prior to the draft agenda going out for all of you to see because of sunshine to give you all ample time to have discussions with our new county attorney um on the direction that I hope to proceed on the December 17th board meeting.
30:53I believe that um this item on Sheldon Road and Gunn Highway intentionally disrespects the three countywide commissioners and Commissioner Hagen in District 2.
31:07I believe that the um renewal of the racetrack um Hillsborough site intentionally disrespects the three countywide commissioners and commissioner Cohen of District 1.
31:17I believe that the six story and four story apartments in Apollo Beach intentionally disrespects the district four commissioner and all three of the county wide commissioners, and I think that it's time for us to respond to the legislature on those issues on December 17th.
31:30So I hope you have ample time to do your due diligence before that on that item.
31:34All right, appreciate your comments.
31:35Uh don't see anyone else in the queue.
31:37Can we have a motion to start the report?
31:39Motion Commissioner Wolstall.
31:41Sign Commissioner Cohen.
31:42Please accord your vote.
31:48Motion carries seven to zero.
31:52So one meeting down, two more to go.
31:53So we'll adjourn the land use meeting and then commence the LDC public hearing.
31:59Uh good morning and welcome to the second of two public hearings on a proposed amendment for the county's land development code.
32:04Uh the board will hear will vote on the proposed amendment after the close of uh today's public hearing.
32:10Uh the board will also consider approval of a related amendment to the development review procedures manual.
32:15So with that, I'll pass it over to staff for the introduction.
32:20Staff is a monsiato present this item.
32:23Good morning, Commissioners.
32:24Uh Israel Monsanto Development Services.
32:26Uh, we only have one item in this agenda, uh, and there is also the related D RPM uh amendment.
32:31Uh LDC 260189, implementation of the requirements for Senate Bill 154 for certified recovery residences.
32:40This amendment will uh provide procedural requirements for reasonable accommodations requests for certified recovery residences that are necessary to implement uh the chapter 2025 182.
32:52Uh state legislation requires now that the county to adopt an ordinance that establishes procedures for review and approval uh for certified recovery residences within its jurisdictions, and this also includes consideration uh for procedures of request for reasonable accommodations from land development co regulations that would prohibit the establishment of a certified recovery residence.
33:14The original accommodation is a waiver to our requirement of board policy that allows disabled persons to use the residential plan.
33:21Um code part 2020 of the of the land development code will add section uh new section 2020 seven procedure for the review and approval of certified recovery residences, uh, and these will specify the requirements and review procedures.
33:38Also, the like like we stated the development uh review procedures manual is gonna be updated, section 9.8 to add those procedures uh for the review process.
33:47Um these item went to the planning commission meeting uh yesterday, and it was found consistent with a comprehensive plan.
33:54And that concludes my presentation.
33:57Uh, this is a public hearing.
33:58What do you want like to speak to the item?
34:01Seeing none, um, can we have a vote on the adoption of ordinance uh for amendment to the LDC?
34:08Motion Commissioner Wolstall signed Commissioner Cohen.
34:10Don't sit in the queue, please record your vote motion carries seven to zero.
34:22The second item is an amendment to the development review procedures manual.
34:26Uh this includes some procedural elements to this amendment uh as required by state law regarding uh submission of documents related to uh a reasonable accommodation request.
34:36This would be adopted by uh resolution.
34:38There is no public hearing necessary for this item.
34:42Any other staff comments or move resolution?
34:48Motion to approve uh Commissioner Cohen, send Commissioner Wilson.
34:51Don't see anyone else in the queue, please accord your vote.
34:57Motion carries seven to zero.
35:00All right, so we'll adjourn the LDC amendment hearing and commence our final uh meeting of the board workshop.
35:07Uh this is the first of two public workshops on the proposed water and wastewater impact fees.
35:12Today's workshops uh for presentation and discussion only, and no action or vote will be taken today.
35:18So now I'll pass things over to staff for a brief introduction.
35:38Good morning, George.
35:39I don't ever remember seeing you sit up here with us.
35:43This will be a new experience for me.
35:46Don't worry, we're gonna well thank you, Mr.
35:57Chair, and good uh good morning, Commissioners.
35:59Um today we've got the first of two workshops planned for the proposed increases to the water and wastewater impact fees.
36:06The workshop is dedicated to extraordinary circumstances necessitating the need to exceed the phased in limit for the South Central Service.
36:14Um as you know, the Florida Impact Fee Act uh has very strict guidelines on how you can increase an impact fee.
36:23Uh there's a zero to 25 percent um level, there's a 25 to 50 percent level, and then anything over a 50 percent requires uh a pretty extensive discussion and also review of the extenuating circumstances that gets us there.
36:38Uh we have a short presentation plan for you.
36:40Lisa Ray with our water resources department and also uh Ednie Bur Andy Burnham with uh Stantec, who is our impact fee consultant, will make a presentation and then there will be a brief board discussion if you so choose.
36:51All right, thank you, George.
36:55Good morning, uh Lisa Ray, Director of Water Resources.
36:59So just real quick, an impact fee is a one-time fee paid to connect new customers to help cover the cost of expanding the water and wastewater system, so that in a sense growth pays for itself.
37:12Uh in Hillsborough County, we have a unique situation in that we have two very distinct service areas.
37:18The Northwest area, which does not have a lot of growth, it's a pretty stable area, and then we have the South Central, where we have tremendous growth and very large investments that we are making into the water and wastewater system.
37:33Now, as George was saying, the Florida Impact Fee Act has some very specific conditions.
37:39In the Northwest, we are able to comply with the phase and requirements for the 25% and anything below 50 percent.
37:48However, in the South Central is where we are really seeing that tremendous growth.
37:53And this workshop is one of the two public notice workshops dedicated to the demonstrated needs study that shows the need for increasing beyond 50 percent, specifically for the South Central Service Area.
38:08Now I'm gonna ask Andy Burnham from Stantech to take it from here and talk some about the needs assessment since they officially conducted that for us.
38:19Uh, good morning, commissioners.
38:20So, as part of the analysis that was conducted of the impact fees, this corresponding demonstrated needs study was also performed that identified multiple extraordinary circumstances that are really merit consideration for adjusting your fees beyond those phase in limitations.
38:36They fundamentally revolve around three issues.
38:38The fact that we are nearing capacity limitations at two of our wastewater treatment plants and really are effectively at capacity with one of our water facilities in the South Central Service area during dry weather conditions.
38:49This has been driven by historical growth rates that are expected to continue over the near term that are driving the need for additional facilities that provide capacity, but the cost and the magnitude of expenses for the nature of those facilities that are required are substantial.
39:05And I want to dive into each of those kind of three components a little bit more significantly, and pointing to some of the specific data that really supports the those extraordinary circumstances and helps put some context to each of them.
39:17So just from simple uh demand data observations have indicated that your demands have increased just since 2022, about 22 percent from growth over the recent few years.
39:27If you go back even a few years before that, it's been about a 61% increase in the water demands on your system since 2017.
39:34In addition, we've seen significant increases in cost of infrastructure projects that we'll get into in a moment.
39:40This example just shows for wastewater treatment facilities, two projects, one conducted pre-COVID and one just recently, how the unit cost has increased over 300 percent to construct this infrastructure.
39:52And similarly for capacity, we're really out of capacity for our lithia plant on the water side, especially during dry weather conditions, during normal conditions.
40:00During normal conditions, we're projected to not have any remaining capacity over the next couple of years.
40:04And for the wastewater systems, two plants in the South Central Service area are estimated to be effectively at capacity within the next couple of years.
40:12The growth rates, there's a significant number of data sources out there that help us understand these from census data.
40:19We can see that we're the third ranking population county growth over the last few years.
40:24So we've had about 115,000 increase in residence population over the past five years, placing us third of counties in the state, and our total population now ranks us fourth.
40:34And attendant with that growth in population is an increase in demands.
40:38Of that growth in the county, about 57,000 of those increased population is in the South Central Service area, which has driven in large part those substantial increases in demand that I've mentioned over the past few years.
40:52You can see that notable increase in going back to 2017, you can see that about 61% increase in our demands on the water system, which are really reflected in us utilizing all of our available capacity.
41:04Similarly, looking at the unit cost of constructing additional capacity, it has changed significantly over just the past few years.
41:11Example projects for water pipelines as well as for wastewater treatment plant expansions like projects as determined by your engineering staff.
41:19We've seen unit cost increases in excess of 300% for wastewater treatment facilities and over 200% for pipeline projects just in the past few years alone.
41:29And so what that's resulted in is a significant amount of system investment requirements.
41:34So this chart is in billions of dollars.
41:36I just want to I can't state that enough as we look at this chart and the rounded figures.
41:40Our current entire utility system for the Northwest and South Central Service area, the original cost that we've invested after depreciation has a net book value of just under 1.8 billion dollars.
41:53Over the next few years, our planned capital investment for renewal and replacement facilities and expansion facilities combined is over two times that amount.
42:03And just looking at the expansion related infrastructure, it totals nearly two billion dollars over the next few years alone.
42:11That's the equivalent of investing in essentially another new utility system just in the next few years in the South Central Service area.
42:18The magnitude of these expenses to serve growth and provide that capacity are extraordinary, truly extraordinary as compared to our current system assets as it exist today.
42:28And of that two billion of expansion related projects, 98% are in the South Central Service area.
42:35And I'd like to turn it back over to Lisa to just walk through three of the most notable projects that are included in that two billion dollars that really serve as the basis of the conversation today and what we're seeing in terms of updated impact fees.
42:51So these are projects you've heard of.
42:54All of you are familiar with them.
42:56One of them is the South Wastewater Conveyance and Treatment Project, part of our one water program.
43:02This is a 1.15 billion dollar investment in wastewater infrastructure that includes a new wastewater treatment plant, the associated pipeline to get the wastewater to the plant, and then the reclaim water back out to the reclaim system, and a super lip station.
43:20That'll be capable of pumping on an average day 22 million gallons per day.
43:25This investment is key to making sure that we are able to meet the wastewater demands in this fast growing system.
43:34And it will alleviate the pressure on the South County and the Falkenburn plant that you saw in one of the prior slides.
43:41Parallel to that, we do have a new drinking water plant going in.
43:45Now we have done significant investment in the drinking water site already.
43:49However, this is one of the final components to put a new plant up in the fast-growing balm area.
43:57That'll help a lot with pressure, system resiliency, and make sure that we are able to provide the needs to those customers living in the area.
44:06And that is almost a five, I mean a half a billion dollar project.
44:12And then there is the Falkenberg improvements.
44:15We are currently working on permanent installation to get that plant up to 15, but even going to the 15 MGD, we're still going to be nearing capacity by 2028-2029 timeline.
44:28So we will be working, though it's not listed here yet, on additional views for that facility and what we would need to do there.
44:36And Andy, I'm going to go ahead and turn it back over to you.
44:40And I think the project context is really important to understand.
44:43I mean, those three notable projects by themselves are about 1.7 billion dollars of that $2 billion expansion.
44:49So it's it was worth going through those.
44:51And as you look at this table, the South Central fees that were calculated from the impact fee study are based on those estimates of capital project cost and capacities in that capital improvement program for South Central.
45:03So you can see the current fees per equivalent residential unit for South Central for water and wastewater, and in total it's about $5,865.
45:11Given that these new facilities that are uh planned and currently in progress to be constructed are providing the capacity to serve growth, that provides the basis of updated fees for the South Central Service area.
45:22And that updated unit cost based on the current cost that we have for those projects is about $13,270 per ERC, hence the conversation today around the extraordinary circumstances.
45:33While not the topic of today for the Northwest service area, the impact fee analysis was conducted, and there's available capacity fundamentally to serve growth in the northwest portion of the service area.
45:44So that fee was based on the current cost of existing infrastructure in that area, adjusted to today's dollars in accounting for depreciation.
45:52But those increases can be accommodated within the limitations identified within the Florida Impact Fee Act.
45:58But again, the fee methodologies selected for both areas were really based on the facilities needed to serve growth over the next few years.
46:06And so the the fee adjustments for South Central are obviously significant in light of these extraordinary circumstances.
46:12And one of the things that also was acknowledged as part of our analysis was that the failure to acknowledge these extraordinary circumstances and to move forward with these updated fees has significant impacts in terms of revenue losses that ultimately over 10 years could accumulate to 200 to 250 million dollars based on current growth projections.
46:31And that translates to really philosophical issues of then additional interest expenses having to be captured through user rates as opposed to capacity fees.
46:40And the funding of the growth-related infrastructure ultimately is not able to be sufficiently addressed through growth-related fees and would ultimately have to come through mechanisms like rates and additional borrowing, which may have impacts on the utility overall's financial health and potential impacts to its credit rating and future interest rates as well as we take on additional borrowing beyond what was planned and contemplated.
47:01So I just wanted to highlight those things and turn it back over to Lisa real quickly to talk about the remaining timeline, and then of course we're happy to answer questions as appropriate.
47:12So this is the first of two public notice workshops to discuss the demonstrated extraordinary circumstances.
47:19The following one is tomorrow.
47:21It is a virtual meeting and in the afternoon, and then we will be bringing to the board for a public hearing the cons to consider the rate adjustment at the December 17th board meeting.
47:40Implementation would be at some point in spring of 2026.
47:45Thank you very much.
47:46And we are happy to answer any questions.
47:49Well, thank you very much for your presentation.
47:51Board members, do we have any questions or comments?
47:53Commissioner Woolston.
47:55I'm just I'm gonna save most of my dialogue for the second and final hearing.
47:59Um, but I will say that we have a variety of policies that require us for cost recovering in our enterprise funds to be from capacity assessment units, which is exactly what we're talking about today.
48:11And remind everyone that I did, I don't know if it was Stantec, which revenue consultants that I have to pry the 50% increase out of that was for new users.
48:21I believe that was wrapped test.
48:22That was rough television.
48:23Okay, I would like to point out that the previous revenue consultant did finally admit when we raised our monthly user bills that 50% of those increases were to serve capacity for new residents, which is antithetical of the all of our variety of policies that are in place today.
48:40And um currently in Odessa, I'm paying for the impacts of new residents that are gonna go into YMAMA, and I think that that's unacceptable.
48:50Um I'm also gonna reserve my comments uh for tomorrow more because my voice is going uh than anything else.
48:59Um so I'll I'll we'll we'll talk tomorrow.
49:04Okay, I don't see anything else in the queue.
49:05George, you need anything?
49:07No, sir, we're good.
49:09With that or adjourn.