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Good evening. This is the October 1st, 2025 Seminal County Planning and Zoning Commission meeting. Please stand for the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under
God, indivisible, liberty and justice for all. This board is a seven member board appointed by the board of county commissioners. A quorum has been established to hold tonight's meeting. Public hearing items acted upon by this board are referred to the board of
county commissioners for further consideration. Board members present tonight are myself, Chairman Mike Loren, Vice Chairman Tim Smith, Commissioner Dan Lopez, Commissioner
Carissa Law, Commissioner Brandy Ipollo, and Commissioner Richard German. Staff present tonight are Dagmarie Sagera, Deputy Development Service Director,
Nissa Borurt, Deputy County Attorney, Maya Athenes, Principal Planner, Annie Siloway, Principal Planner. David German, senior planner, and Tammy Brushwood, PNZ
board clerk. [Applause] Tonight's meeting will go as follows. Staff will introduce the item. The applicant will present their item. Audience members wishing to speak will then be heard. Audience participation
requires that each speaker complete a comment card and give it to the clerk. Comment cards are located in the lobby. Please indicate on the comment card whether you would like to make oral comments. Written comments will also be accepted. Speakers should restrict their comments
to information directly related to the items being heard. When called, speaker should approach the microphone clearly stating their name and address for the record. The board may ask questions of the speaker. After all speakers have been heard, public comment will be
closed. The applicant will be given a chance for rebuttal. Any items shown, such as videos, presentations, pictures, or maps, must be left with the clerk for public record. Items shown from electric devices should be emailed to the clerk. A motion will be made and seconded.
Board discussion may occur and conclude with a vote. I will request a roll call for any split votes. All right, getting started with our agenda tonight. Um we'll start off with the uh proof of publication. Do I have a motion? Motion.
Do I have a second? Second. All those in favor? I. Any opposed? Hearing none. Motion passes. Moving on to the minutes from September 3rd. Do we have any changes from the board? Uh move to approve.
All right. Second. I have a first and second. All those in favor? I. All those opposed? Hearing none. Motion passes. All right. We're going to move on to our technical review items tonight. The Tuscillo United Methodist Church Preliminary Subdivision Plan.
Annie Siloway. Good evening. Good evening. Okay. The applicant is seeking approval of the Tuscala United Methodist Church preliminary subdivision plan for two lots on 5.35 acres located on the north
located on the south side of Redbug Lake Road west of Dodd Road. The site has a future land use of lowdensity residential that allows up to four dwelling units per net buildable acre and A1 zoning which requires a minimum lot size of 1 acre.
The PSP proposes two lots. Lot one is approximately 2.94 net buildable acres and will contain the existing Tuscilla United Methodist Church and lot two is approximately 2.41 netbuildable acres and will accommodate a daycare facility.
Both proposed lots meet the minimum required lot size of one net buildable acre in the A1 zoning district. The existing church on lot one is required to provide 83 parking spaces but currently only 31 currently they only
have 31 parking spaces resulting in a deficiency of 52 spaces. Lot two contains a total of 84 parking spaces, while the daycare center operating on the the lot is only required um to maintain 64, leaving 19 surplus spaces.
To address the parking shortfall, the church and daycare center property owners have entered into a shared parking agreement. The agreement allows the church to use 54 parking spaces on lot 2 on Sundays from 10:00 a.m. to 1 p.m. for church services, enabling the
church to meet its full parking requirement. Each newly created lot will have access through a private 75 foot wide ingress egress easement that has public access onto Redbuck Lake Road and Seminal County is the utility provider for water
and sewer. The PSP complies with all the conditions of chapter 35 of the Seminal County Land Development Code and with the land use and zoning designations of the property. Staff requests approval of the preliminary subdivision plan for the
Tuscala United Methodist Church subdivision. And that concludes my presentation. Thank you, Annie. Questions from the board from staff? I have just one. Is this is this just sort of a cleanout process? They have an existing daycare there. Is that correct?
Um the daycare is proposed to go in. So they're doing a PSP first. Oh, there's not. It's not existing. It said in here existing daycare. Oh, did it? Okay. Um it's Yeah, it's to accommodate a daycare facility. They are applying for a special exception. I got it. So it'll be a new new
facility. Yes. Yeah. Now use Yes, sir. Thank you. Yes. You're welcome. Is the applicant present? Yes. approach. Name and address, please. Good evening. For the record, McGregor Love, 215 North Yola Drive from Louns.
Um here on behalf of the applicant. I'm here to answer questions. We concur with staff's recommendation of approval. Um I know that we have a member of the church's board here uh who could answer questions for you as well. Um thank you.
Excellent. All right. I do have um a few comment cards here. Uh one would like to make Chris Bravo. I'm the engineer of record. I just wanted to clarify something with regards to the question about the uh the uses. There has been a school on the
site and so that may be where the confusion is. So, this is a a minor change from uh the younger children who've been educated there over the past number of years. Uh they're just dropping the age
to include preschool in addition to uh you know what has uh the the use that has been present for some time. And again, Chris Bravo, Bravo Engineering, 7221 Alum Avenue, sweet 300 Winter Park.
Thank you for that. Um for the board, I do have um three in support comment cards that are written non-oral. So I'll pass those around there and we can just make the
rounds. Um I also have let's see George Carl presents you want to yeah please approach if you'd like to speak. and name and address for the record. Thank you. Good evening. I'm George Carl and with
my wife Janette. We reside at 1017 Nodding Pines Way, lot five, Sutters Mill, unit 2, directly behind the property involved on the west side.
Where do we stop? This question is asked because since I have lived at this residence with my wife, there have been numerous changes to the number of students allowed on this property. In 1988, we started with
44 students in a nursery. In 1997, that was increased to 150 students. Now, Tuscilla United Methodist Church preliminary subdivision plan states on
the submission that they will operate in accordance with a seminal county approved [Applause] development order dated January 28th,
2019. As I read that order, it has expired. I don't know how they can cite that as how they're going to use that for the operation of the new lot. In that order, it says that there can be
100 students between the ages of 5 to 22. It's interesting to note that that order was approved for Arbor School, which doesn't exist there now at the present time as I understand it.
In 1988, the playground that was located behind my property was moved to the north of the sanctuary. So, there is no existing playground facilities for any students at any
daycare or other school. They would be in the property behind my property. We've had several incidents when those students were playing back there of young people climbing our fence to retrieve Aaron balls or other play
objects. The problem I have a swimming pool in the backyard. It presents a dangerous situation. I cannot monitor it while they're at school. There are other factors involved which you have in my written report there that
I provided to the board. I see my time is running out. So I will close by summarizing saying at this time I recommend that the not approve the request until
the board of the church and the acquiring agency submits their special exemption that they claim they're going to submit after you have approved
their PSP. How can we know how the property is going to be operated if we don't know what their special exemption exemption request is? And thank you for your time, George. We'll try to get some answers for you.
I'm sorry. We'll try to get some answers for you tonight. So, thank you for your time. Thank you for your time. pass. Is there anybody else that would like to speak on this topic from the public?
All right. Question or discussion as well? Question of staff. What you going to the applicant come back? Oh, yeah. Then the applicant come back to respond. Yeah. Is that what you want? But then for the for the record, McGregor
love um you know the really a preliminary subdivision plan doesn't allow any particular use. We're just um this is the first step in in platting the property from one lot one lot to two lots. Um the special exception process is the process where the county will
review the proposed use the the number of students and evaluate whether uh that use can be accommodated uh without creating um you know harm to the surrounding property owners and that's really the appropriate uh process for uh
for um determining the issues that the gentleman who spoke um uh raised. So, uh, you know, what we're asking for tonight is simply to to, uh, you know, as a PSP to to start the process of
dividing one lot into two. Thank you. Nissa, do you have anything? Yeah. Is there a question? I I can follow up with that if you if you'd like me to. Um, Nissa Borker, deputy county attorney for the record. Um, Mr. Love is
correct. This is a technical review item as you all know. So you're really looking at this from a technical standpoint. They will be required to at this point the development order property is still controlling and at this point any so when the site plan review comes in they'll review it um in
accordance with the current development order. This is only preliminary. They will have to submit a final and if they don't get whatever their special exception is asking for the preschool. So the change in the age of the children that are there then they'll just have to
remain compliant with the current development order on the record and the amount right and the amount. Right. So your so your review here is just a technical review. It doesn't have really anything to do with um the uses other than other than the use of the property controls
the parking and you know setbacks and stuff like that. But um those are established and and if the special exception is denied that that's you know you it's based on the current DO so nothing will change. Will we see the site plan application or
that will just be a staff function? Um you mean the final the and the plat because the plat will come the plat final plat will come through too. Um but yeah, do does DRCC final
engineering right? Um okay. So um the site plan is reviewed internally by staff. That's my question. Thank you. You're welcome. And then the final plat would be um a consent agenda item um
through the board of county commissioners. Okay. Um the applicant does um has submitted an application for a special exception um to amend the special exception. That special exception will come through planning and zoning commission and the board of county commissioners.
So we'll see that. Yes, sir. And at that point that'll outline what the uses are in terms of number of students, etc. Yes, sir. Thanks. You're welcome. That'll be the appropriate Yeah. time for the member of the public that spoke to come and and tell you his
concerns. Got it. Kristen, did you have a followup question or that took care of it? That took care of it. Um, and I don't remember if I absolutely did close public comments, but I'm going to go ahead and do that just in case I didn't. Um,
all right. Is there more discussion from the board? U Mr. Mo, uh, Mr. Mr. Chairman, I would make a motion to um approve the preliminary subdivision plan for the Tuscilla United Methodist Church subdivision containing two lots on approximately 5.22 acres zoned A1
Agriculture located on the south side of Redbug Lake Road west of Dodd Road. Second. All right, I have a motion and a second. All those in favor? Any opposed? Seeing none, motion moves. It's approved. All right.
Uh technical item number two, B&M affordable construction preliminary subdivision plan. Uh Annie, good evening again. Good evening again. Um Annie Siloway with development services. For the record, um the applicant is requesting approval of the B&M affordable
construction preliminary subdivision plan containing 11 residential lots located on the west side of Brooks Lane, approximately 2100 ft south of Redbug Lake Road. subject property has a low density residential future land use which allows a maximum of four dwelling units per net
buildable acre and R1 AAA single family dwelling zoning. The PSP proposes 11 single family residential lots with a maximum density of 2.24 dwelling units per net buildable acre. The development proposes access from
Brooks Lane and the internal road will be privately owned and maintained by the homeowners association and Simol County is a utility service provider and the development is required to connect to public utilities for water and sewer and there does not appear to be any wetlands or flood planes on site. Staff finds the
PSP to be in accordance with all the conditions of chapter 35 of the Seminal County Land Development Code and with the land use and zoning designations of the property. Staff requests approval of the preliminary subdivision plan for the BNM affordable construction subdivision. And
that concludes my presentation. Any questions from the board? See none. Is the applicant here? Yes. Please come up and state your name and address and if you'd like to add anything.
Hey, good evening. My name is Bobby Mahaludra. Um I'm representing B&M Affordable Construction. Um so as um and mentioned we are requesting um the subdivision PSP approval. Uh there will be a thorough and detailed uh
engineering that will be performed and that will be submitted um as part of this process to uh to the district for their review um and detailed uh feedback as part of this process. RS RSP um is our civil engineers who are
representing us. um they they they will be working with the district closely uh throughout this process. Thank you. All right. Any questions for the board to applicant?
Um I do have some public comment records for support I'll pass around. Um doesn't mark whether or not you want to make oral comments. Was there anybody that wanted to make oral comments in the audience? No. Okay, they're all written
in. I'll pass that around for you guys to take a look at. All right. Is there anybody else that wants to speak from the audience? We don't have any more comment cards. All right. I will uh close public comments then.
Any board discussion or Mr. Chairman, I'll make a motion to uh approve the preliminary subdivision plan for the B&M affordable construction subdivision containing 11 residential lots on 5.41 acres zoned R1 AAA single
family dwelling located on the west side of Brooks Lane approximately 2100 ft south of Redbug Lake Road. Second. Have a motion. I have a second. All those in favor? I. Any opposed? Hearing none. Motion passes.
Okay, moving on to our public hearing items. Uh, land development code amendment, certified recovery residents. David German. Good evening. Hey, good evening.
David German, senior planner development services. This afternoon, I'm presenting a proposed amendment to the Semino County Land Development Code. It will amend chapter 30 zoning regulations and chapter 2 definitions to establish
process for reasonable accommodation requests for the review and approval of certified recovery residences in instances where they would not otherwise be permitted. The proposed changes to the land development code are required for
compliance with state law, the Fair Housing Act, and the Americans with Disabilities Act. On July 1st, 2025, chapter number 2025-182 became effective in Florida law. This
chapter added new text to Florida statutes 397.487 creating a new subsection 15 in the existing statute. This was done to implement Senate Bill 954 which went through the Florida House
and Senate earlier in the year. Senate Bill 954 is entitled Certified Recovery Residences and requires local governments to adopt an ordinance to establish the process for the review, approval, and
consideration of reasonable accommodation requests for certified recovery residences. Adoption of the ordinance and establishment of the process must be done before January 1st, 2026
per subsection 15A of Florida statutes 397.487. Along with the proposed amendments, it is important for us to briefly discuss what certified recovery residences are and how they fit into our communities.
The definition of certified recovery residences, as it is stated in the Florida statutes is as follows. Certified recovery residence means a recovery residence that holds a valid certificate of compliance and is
actively managed by a certified recovery residence administrator. Now, we will briefly summarize each of the levels of certified recovery residences to help you get a better understanding. A level one certified recovery residence
houses individuals in recovery who have completed treatment with a minimum of nine months of sobriety and is democratically run by the members who reside in the home. A level two encompasses the traditional
perspectives of sober living homes. There is oversight from a house manager and residents are expected to follow rules outlined in a resident handbook. Residents must also pay dues as needed
and work toward achieving realistic and defined milestones within a chosen recovery path. A level three has higher supervision by staff. Such residences are staffed 24 hours a day, 7 days a week, and offer
residents peer support such as life skills mentoring, recovery planning, and more. Clinical services may not be provided at the residence. Level four residences are offered by a
licensed service provider to its patients who are required to reside at the residence while receiving intensive outpatient and higher levels of outpatient care. Such residences are staffed 24 hours a
day and combine outpatient licensable services with residential living. And now I will pass it over to NASA to discuss the process and criteria for approval of certified recovery residences reasonable accommodation
requests. Good evening. Na Borer, Deputy County Attorney for the Record. Um, David did a good job of laying down the groundwork for this, but I kind of want to make things a little more clear because this is a very strange thing for you all to
be seeing. You're the planning and zoning board. This is not a planning and zoning process. You're seeing this because the state has now mandated that this process be put into an ordinance and into our code. um years ago uh there
was a lot of kind of when recovery residences sober living home were coming to be. So you know 2015 or so about 10 years ago um there was a lot of um dust up about it how they are integrated into
um residential neighborhoods. uh HUD put out a joint statement about what you can and cannot do from a zoning perspective, what you can prohibit, what you can't prohibit, and many jurisdictions around the state adopted a reasonable accommodation process for instances
where um there's where there was a tendency of some local governments to not allow these sober living homes in neighborhoods um because of a variety of reasons. So with that happening, there
were um issues under the FHA and ADA because people who are in recovery for alcohol or drug abuse are considered disabled under the Fair Housing Act and under the American with Disabilities Act and under state law. So they are considered a protected class and as a
protected class, federal law came to be came into play here. So what's happening here, what the legislature has done is basically required that everybody adopt a reasonable accommodation process. Reasonable accommodation processes are
not a variance. It's not how you would traditionally think from a planning perspective. It's specific to the applicant. Um and it does not run with the property. It's just the applicant who is the person that or the person or
the entity as we'll get into that um the reasonable accommodation is made for and instances where what is a reasonable accommodation? So what that is is say you came say there was something that occurred I'll give you an example like
parking. say they need a little bit of additional parking for one of these residences and um the county didn't want that much parking or it's not usually associated with a single family residence, we could accommodate that. They could make a reasonable
accommodation request and we could accommodate that as long as it met certain criteria. So that's a good example. or if you know something happened where it was excluded from a zoning district by some something other than just outright saying it because you
can't outright exclude these types of uses then you could go through this process. So it's those are kind of the kind of two examples of where it'd be utilized. So we I don't know how often this is actually going to come up in Seminal
County because we don't have restrictions like other jurisdictions do. Um, so maybe I've told you all that for not, but still I wanted you kind of get an understanding of what we're talking about here. So this process is
laid out in the statute generally uh and is in compliance with federal law which we've looked at and putting this together for you for for the code. So an applicant is a person or a provider and they are required to establish first
that they're protect they're protected individuals under the Fair Housing Act and the Americans with Disabilities Act. And how they do that is basically through a disability verification form. um they have to verify that they have an
disability that affects their life and that is done through some type of um social services professional or medical professional. So first as an applicant you have to show that that you have um a disability and you have to fill out this verification form or that you're an
entity that's serving people that are disabled. Um the applicant if it's a organization has to be certified by the state. You have to have a license to establish a certified recovery
residence. And then the applicant is also required to show that the accommodation that they're requesting is reasonable and necessary to afford an equal opportunity to use and enjoy the residence. So that's the standard
federal law on how you determine how you determine whether or not the reasonable accommodation being requested it lines up with the disability that's being shown. Okay. So these applications will come in through the planning and development division. They must include a
description of accommodation being requested and demonstrate why the request is needed. They must include a verification of disability status, which I just um talked about, and any other supplementary documentation that they may want to submit to support their the
request for the reasonable accommodation. Okay. So then these come in and they're reviewed um by staff. The development services director is the person or their design that reviews and issues a determination. That determination has to
be issued within 60 days. And in considering these applications, the criteria is as follows. Um whether the applicant has established that they are handicapped or disabled. um that the accommodation being
requested is reasonable and necessary to provide an equal opportunity to use the residence. Um whether or not the request imposes an undue financial or administrative burden on the county and whether or not the request in itself would result in a
fundamental alter alteration of the nature of the county's existing regulations. Um once these are all considered then the development services director issues a approval approval with conditions or a
denial. So with that there's some also in the ordinance some other conditions that'll be considered. The conditions are really going to be based on what is being requested. Um, but to be a certified recovery residence, and you saw the
definition earlier that David pointed out, you have to be certified through the um, licensing agency, through a licensing agency, and those are done by the state. Um, and these reasonable accommodation requests, as I said, are only good run with the applicant, not
with the property itself. So, that's kind of the summary of what's going on here. If you have questions, feel free to ask, but staff requests that the planning and zoning commission recommend approval of the proposed ordinance to
the board of county commissioners. Thanks, D. Any uh questions or I do just my own curiosity. So, this these changes are for sober homes specifically, right? Not ALFs. Yes. Yep. Um it's well that's
traditionally what they've been called sober living homes. Um but you have to the state a number of years ago set up this certification requirements and so now um the state is now saying now that we have this essentially local
governments you have to have this reasonable accommodation process in place. Okay. Thank you. Any other questions? see any when there was um was there anybody that wanted to speak from the board or from the excuse me from the
audience? I don't think we had any comment cards, did we? No. All right, I'll open and close that. I'll open it up for board discussion or a motion. Mr. Chairman, I would make a motion to recommend to the board of county commissioners to approve the ordinance
amending the land development code to establish a reasonable accommodation process for review and approve approval of certified recovery residents and to add a definition for the certified recovery residents. Do I have a second? Second.
All right, I have a motion and a second. All those in favor. All those opposed hearing none. Motion passes. Thank you. All right, that's the end of our public hearing. I stuff. Let's see. Um, director's report staff. Do you have
anything for us today? Um, not today. Uh, we were going to have uh Chris Pattern Pattern from the communications office do a presentation about our new transportation uh program, Scout, but he had an
emergency. So, we're going to reschedu it for next uh next month agenda. Okay. Excellent. Thank you. All right. Board. Anything to discuss? See? Nothing. Ajourned. All right. Thank you.
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