Tag: StJohnsCounty

Posted in Affordable Housing, BOCC, Essential Worker Housing, St. Johns County

February 21 St. Johns County Commissioners Meeting

Posted on by Beth Tate

What you should know

What’s on the Agenda for the Commissioners next week?

Consent Agenda Items of Interest

There are two items on the Consent Agenda that are worth highlighting. Item 8 is authorization to execute the agreement between St. Johns County and the Florida Department of Transportation related to the construction and construction engineering inspection of four lanes connecting the end of County Road 2209 to State Road 16, approximately 3.26 miles of four lane construction.

Item 10 is awarding a bid and executing a contract to perform construction of the widening of Longleaf Pine Parkway to four lanes from Veteran Parkway to Greenbriar Road. Only Phase 1 can begin. The remainder must wait until payment from development agreements 2022-01 and 2022-02, due March 31, 2023.

Item 8:

The Florida Legislature allocated $8,000,000 in FDOT Grant Funds to St. Johns County for a portion of the construction of CR 2209. The funding supports construction and construction engineering inspection (CEI) oversight of four lanes connecting the existing terminus of CR 2209 to SR 16 approximately 3.26 miles. This item requests authorization to execute the Agreement between St. Johns County and the Florida Department of Transportation (FDOT) and to recognize the grant revenue and appropriate the funds for expenditure. No match is required by St. Johns County

Item 10:

SJC Purchasing issued an Invitation for Bids (“IFB”) for the widening of Longleaf Pine Parkway to four lanes from Veterans Parkway to Greenbriar Road. The project scope generally includes clearing, earthwork, paving, signing, pavement marking, drainage, and utility adjustments. All work is to be completed in accordance with St. Johns County, JEA, Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District (SJRWMD), Army Core of Engineers (ACOE) and Florida Department of Transportation (FDOT) Standard Specifications and Permits. The IFB was advertised in accordance with County Purchasing Policy. Three (3) bids were received, with the lowest, responsive, responsible bid being from Baker Constructors, Inc. for a Total Lump Sum Amount of $14,899,000.00 for Phases I, II, and III. County Staff recommends Board approval to award Bid 23-35 to Baker Constructors, Inc., and to execute a contract for completion of the work as specified in Bid 23-35. However, only Phase I is authorized to begin work, until such time as the County receives payment of funds required under Development Agreements No: 2022-01 and 2022-02, at which point County intends to authorize Contractor to proceed with Phases II and III. The County is due payment from Development Agreements No: 2022-01 and 2022-02 by March 31, 2023. Due to their size, Exhibits are available upon request.

Public Comment Time Certain continues at 11:30 – 12:00 PM or at conclusion of the Regular Agenda, whichever comes first.

Regular Agenda Items of Interest

Agenda Item 1 – Presentation of the St. Johns County Surplus and OPEB Investment Portfolios

The St. Johns County Board of County Commissioners Investment Policy, Section XVII Reporting, and OPEB Trust Investment Policy, Section XV, requires the Clerk, or designee, to prepare and submit a written report annually on all invested funds to the Board. Included in the report shall be a complete list of all invested funds, the name or type of security in which the funds are invested, the amount invested, the maturity date, earned income, the book value, the market value and the yield on each investment. PFM Asset Management, LLC, is the County’s investment advisor and has prepared the annual reports for the quarter ended September 30, 2022.

Presentation can be found at this link: Agenda Item 1

Agenda Item 2 – Amendment to the Concurrency and Impact Fee Credit Agreement for Grand Oaks PUD revising required transportation mitigation and road impact fee credit amounts. Details below:

Southeast Development Partners, LLC (Applicant) has proposed an Amendment to the Concurrency and Impact Fee Credit Agreement (PFS AGREE 2018-03) for the Grand Oaks PUD to revise the required transportation mitigation and road impact fee credit amount (Amendment). The Grand Oaks Comprehensive Plan Amendment (COMPAMD 2016-08), PUD (PUD 2017-02), and Proportionate Fair Share Agreement (PFS AGREE 2018-03) were approved by the BCC on July 17, 2018, for the development of 999 single family units (maximum 674 non-age restricted and 325 agerestricted), 100,000 sq. ft. of commercial space and 50,000 sq. ft. of office space. PFS AGREE 2018-03 included the requirement to construct the 4-lane widening of SR 16 from San Giacomo to the eastern (main) entrance to the Grand Oaks development, approximately 3.1 miles. The estimated cost of the widening was approximately $15,000,000. The required proportionate share was calculated to be $10,132,643. The applicant proposed in the companion comprehensive plan amendment (COMPAMD 2016-08) to contribute an additional $4,867,357 as public benefit with no impact fee credit for a total of $15,000,000 for transportation mitigation. Payments for each plat were required until the widening of SR 16 was designed (no more than 442 lots can be platted) and construction commenced (no more then 580 lots can be platted). Plats have been approved for 442 lots and mitigation totaling $5,040,000 has been paid and is being held in escrow. The Applicant is requesting to amend PFS AGREE 2018-03 to remove the requirement to construct the widening of SR 16 and instead pay the remaining transportation mitigation to the County. The total transportation contribution of $15,000,000 is being revised to include pre-construction costs/pond acquisitions of $2,100,000; therefore, the total funds to be paid would be $12,900,000. The Applicant is also requesting that the road impact fee credit amount be increased from $10,132,643 to $15,000,000. The Applicant is further requesting that the platting triggers associated with the design and commencement of construction of the widening of SR 16 be deleted.

Agenda Item 3 – ICI Middlebourne PUD – Major Modification to add a car wash facility in the Gate Property within the PUD and add landscaping requirements. This is specific to a parcel on the north side of Longleaf Pine Parkway and south of Veterans Parkway.

Request for a Major Modification to the ICI Middlebourne PUD (Ord. 2018-29, as amended) to (i) add one land use, a Car Wash Facility, to the permitted uses within the PUD solely for the Gate Property; and (ii) add landscaping requirements and a related waiver for commercial and office parcels within the PUD property. The subject property is on an unaddressed parcel located on the north side of Longleaf Pine Parkway, approximately 650 feet south of Veterans Parkway. This item was recommended for approval by the Planning and Zoning Agency at their regularly scheduled public hearing on 10/06/2022 with a vote of 4 to 1. The Agency discussed the wetlands, trees on site, and the reduced buffer. This item was heard at the 11/01/2022 BCC meeting, where a Denial vote failed; the item was continued to a date uncertain and until a 5-member Board was seated. The Board discussed the existing wetlands, proximity to the residential neighborhood, noise, and landscaping.

TRANSPARENCY – I will be speaking on behalf of the St. Johns County Chamber of Commerce in response to Agenda items 7 and 8 below.

Agenda Item 7 – Workforce Housing Units – Proposal from the Northeast Florida Builders Association to modify the numeric percentage of dedicated workforce housing units in the Workforce Housing Zoning designation.

This Comprehensive Plan amendment is a companion to an LDC amendment initiated by the Board at its regular meeting on October 18, 2022, and scheduled for first hearing at the February 21, 2023, BCC meeting. This Comprehensive Plan amendment changes two references in Policy A.1.11.1(m) to the numeric percentage of minimum required dedicated workforce housing units in the Workforce Housing Zoning designation and is required to maintain consistency between land code regulations. This CP amendment transmittal was heard by the Planning and Zoning Agency on February 2, 2023, and was recommended for approval with a vote of 6-0. Included in the motion was a recommendation of the proposed changes to the LDC Section 5.11.00 presented by NEFBA.

Agenda Item 8 Workforce Housing Zoning Designation – Modification to the Land Development Code increasing the Maximum Initial Sales Price to $260,00 and decreasing the minimum percentage of overall units to 30%.

The proposed amendment to the Workforce Housing element of Land Development Code, Section 5.11.00 increases the Maximum Initial Sales Price to $260,000 and decreases the minimum percentage of overall units to 30%. The Board of County Commissioners directed Growth Management to draft the amendment on October 18, 2022. The Planning and Zoning Agency recommended approval of the amendment with a 4-2 vote at its December 1, 2022 meeting.

Agenda Item 9 – Update on FEMA Category B Emergency Beach Berm for Hurricanes Ian and Nicole

Hurricanes Ian and Nicole inflicted severe impacts on Florida, resulting in a presidential declaration for federal assistance. FEMA’s Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to pre-disaster conditions. The grant is provided to primarily address the repair and restoration of public facilities and infrastructure damaged or destroyed or the restoration of services that were negatively impacted. This update is focused on FEMA’s Category B Emergency Beach Berms. Specifically, eligible locations and volumes, resident easements, project cost, project funding, and project execution.

Agenda Item 10 – FY 2024 Board of County Commissioners Budget Calendar and Initial Budget Guidelines

Agenda Items 11 – 14 – Consideration of appointments to the Health & Human Services Advisory Council (HHSAC), the Tourist Development Council (TDC), the Housing Finance Authority, and the Affordable Housing Advisory Committee (AHAC).

Agenda Item 15 – Time Certain to be heard at 5:01 PM

Second Reading of the Land Development Code Amendments for Veterinary Office, Animal Hospital in Office and Professional Services Use Category.

Posted in BOCC, Florida Legislature, Growth & Development, St. Johns County

Florida Legislative Bills I Am Watching

Posted on by Beth Tate

House Bill 439 – Land Use and Development Regulations

Here’s a bill to watch in this Legislative Session if you are concerned about the future of development in St. Johns County.

House Bill 439, filed by Representative Stan McClain from District 27 (Ocala)

HB 439: Land Use and Development Regulations

GENERAL BILL by McClain

Land Use and Development Regulations; Revises effect of special magistrate’s recommendation; revises local governmental entity notification requirements; revises types of data that comprehensive plans & plan amendments must be based on; requires local government to submit affidavit for specified purposes; requires that EDR be sole publisher of specified estimates; revises elements that must be included in comprehensive plan; revises frequency at which local government must evaluate its comprehensive plan; prohibits local government from adopting plan amendments when it fails to meet certain requirements; revises exceptions to applicability of land development regulations relating to single-family or two-family dwelling building design elements; requires AG to audit county transportation trust fund.

Drilling into the bill, there are some important changes that would further impact how the local Board of County Commissioners would be able to approve or deny new development in the County.

According to the 1000 Friends of Florida this legislation:

  • Eliminates all state planning indicators for “urban sprawl,” instead defining urban sprawl as unplanned development that requires an extension of public facilities by a local government.
  • Expands the definition of an “agricultural enclave” from 1,000 residents to 1,000 residential units, in effect allowing major subdivisions in agricultural areas.
  • Prohibits the denial of a development order for failure to meet level-of-service standards, meaning that insufficient infrastructure (roads, schools, etc.) could not be the reason a local government denies a rezoning or subdivision plat approval.
  • Takes away local government discretion to reject a decision under Florida’s Land Use and Environmental Dispute Resolution Act, commonly referred to as “FLUEDRA.” 

Who should pay attention?

Residents who are opposed to rapid growth and development in St. Johns County often complain that the Commissioners aren’t denying applications. They can only deny based on legal grounds. They cannot deny based on the “clamor of the crowd.”

As posted in every St. John County Neighborhood Bill of Rights Notice:

“NOTICE OF PUBLIC HEARING PROCEDURES: During the public hearing, all public comment is welcome, but please be aware that zoning decisions may not be merely based upon citizen “wishes” that are unsubstantiated by any competent facts, i.e. – the “clamor of the crowd” is not a sufficient reason upon which to base a decision, Board of County Commissioners of Brevard County v. Snyder, 627 So.2d 469 (Fla. 1993). However, the Florida courts have clearly held that “fact-based” lay testimony is admissible and may be relied upon as follows: “citizen testimony in a zoning matter is perfectly permissible and constitutes substantial competent evidence, so long as it is fact-based. Mere generalized statements of opposition are to be disregarded, but fact-based testimony is not.” Metropolitan Dade County v. Blumenthal, 675 So.2d 598 (Fla. 3d DCA 1995).”

House Bill 439 further erodes the legal justification for denying a new development by local governments. This is just one example of why it’s important to pay attention to what is happening in Tallahassee.

Current Status:

This bill has been referred to the following committees:

  • Local Administration, Federal Affairs & Special Districts Subcommittee
  • Commerce Committee
  • State Affairs Committee

It is now in the Local Administration, Federal Affairs & Special Districts Subcommittee

Local Administration Subcommittee

Posted in Florida Legislature, Politics, St. Johns County

Home Rule, Again?

Posted on by Beth Tate

The 2023 Version of Local Preemption Bills

Here We Go Again

In 2022, Senate Bill 620 was the big bear looming over local governments as it took away the ability of local municipalities to pass ordinances in the best interests of ALL local residents. This bill cast a blanket view that all counties and local governments in the State of Florida have the same needs.

Governor DeSantis vetoed this bill in June of 2022 because of its “broad and ambiguous” nature; something raised by many opponents as it made its way through the Legislature last year.

Governor DeSantis SB 620 Veto Letter

The Governor did suggest that if the bill were fine-tuned and included targeted preemption, when local governments undermined State policy or the rights of Floridians, he would be in favor

And that brings us to the 2023 Legislative session and Senate Bill 170,

Local Ordinances; Authorizing courts to assess and award
reasonable attorney fees and costs and damages in certain civil actions filed
against local governments; requiring a board of county commissioners to prepare or cause to be prepared a business impact estimate before the enactment of a proposed ordinance; requiring a county to suspend enforcement of an ordinance that is the subject of a certain legal action if certain conditions are met; requiring a governing body of a municipality to prepare or cause to be prepared a business impact estimate before the enactment of a proposed ordinance, etc.

 Residents of Florida should be paying attention to this bill and what it will cost local governments. The bill mandates a business impact statement to be filed before any ordinance can be adopted by a county or city.

Here in St. Johns County, that means the City of St. Augustine, City of St. Augustine Beach, and the County would need staff to review and prepare that business impact statement before every ordinance they consider. Our local governments are already stretched to meet current needs. This bill would add labor costs that then flow back to taxpayers as the budget would need to be increased to accommodate the additional workload. Even the Legislative Analysis says the financial impact is “indeterminate.”

What’s good for the goose is good for the gander

A full cost analysis and business impact analysis should be performed on this bill before it is passed!

Cause and Effect

If SB 170 is passed, one individual or business plaintiff could object to a local ordinance and then sue the local municipality, thus stopping the ordinance completely. If the plaintiff prevails, the attorney fees,
costs and damages would be borne by the local government; that means us taxpayers would foot the bill.

How might that play out? Let’s consider a local ordinance now being reviewed by St. Johns County. This local ordinance would raise the minimum cost of Affordable Workforce Housing from $240,000 to $260,000. What if a local business owner decided that was negatively impacting his business and ability to hire workers? He could sue the county and stop the ordinance in its tracks while it makes its way through the courts.

St. Johns County is not like Hillsborough County or Broward County or even Duval County. Local governments need to be able to pass local ordinances that are suited to local resident’s needs.

The next stop for this bill is the Senate Rules Committee. I expect it will sail through there just as SB 620 did in 2022. And this year, with the revisions based on feedback from Governor DeSantis in 2022, it is more likely to be signed.

If you are concerned about this local preemption bill, you can:

Read more about it here:

Florida Bill 170

Contact our St. Johns County Legislators Here:

Contact the Rules Committee at the email addresses in this link:

Rules Committee

 

 

 

 

 

Posted in BOCC, St. Johns County

February 7 St. Johns County Board of County Commissioners Meeting

Posted on by Beth Tate

What’s up next?

The February 7 Board of County Commissioners (BCC) Meeting looks to have a light agenda and that means possibly a much shorter meeting!

With only 4 items on the Regular Agenda, the morning should go quickly. It will be interesting to see how the new process for General Public Comment at a time certain goes. For Tuesday’s meeting it is at 11:30 Time Certain or at the meeting end, whichever occurs first.

Thus far, the “time certain” approach appears to be disruptive and has resulted in more than a few disgruntled residents as they didn’t make it to the podium before the 30 minutes ended and that meant they still had to wait until the end of the meeting. Will we start seeing a race to the line at 11:30?

 Consent Agenda

There are 37 items on the consent agenda Tuesday. The Consent Agenda is approved as one item and public comment is allowed on the Consent Agenda. Most items on the Consent Agenda are routine in nature. They include approval of final plats, easements, or bill of sales.

Tuesday’s Consent Agenda does include authorization for a notice about a March 7 Hearing for the Vacation of a Right of Way on Bishop Estates Road and a purchase of 3 new ambulances for the St Johns County Fire Rescue Department.

Another item of interest on the Consent Agenda is the Establishment of Civil Penalties for the violation of the Land Development Code governing Short Term Vacation Rentals.

And certainly, of interest to all St. Johns County residents are the Consent Agenda items intended to address Coastal Storm Risk Management.

Regular Agenda Items

First on the agenda is a request from the Sheriff’s Office to add a Fleet Maintenance Building on the site of the current SJSO Training Facility near SR 16 and I-95.

Second on the Agenda is the 2nd reading of an amendment to the Land Development Code, updating the Office and Professional Services Use code to include Veterinary Offices and Animal Hospitals.

Following this item, the Board of County Commissioners will adjourn the meeting and reconvene as the St Johns County Community Redevelopment Agency. This is a technical requirement so they can shift focus to the next item on the agenda. This item is a request from the Flagler Estates CRA Steering Committee to use funds from the Flagler Estates Trust Fund to purchase 2 parcels of land to increase the size of the Flagler Estates Park.

After hearing and voting on this item, the Board will adjourn the meeting of the St Johns County Community Redevelopment Agency and reconvene as the Board of County Commissioners.

The last item on the agenda is the consideration of the appointment of a BCC member to the Value Adjustment Board. Just what is the Value Adjustment Board?

From the Florida Department of Revenue:

“The purpose of the value adjustment board (VAB) is to hear appeals regarding property value assessments, denied exemptions or classifications, ad valorem tax deferrals, portability decisions, and change of ownership or control. Taxpayers or their representatives file petitions with the VAB clerk in the county where the property is located. See the taxpayer guide on Petitions to the Value Adjustment Board for more information.”

The Board of County Commissioners Meeting takes place in the County Auditorium at 500 San Sebastian View, St. Augustine, FL. It can also be watched live, on-line at this link GTV Live

Or on Comcast Cable in Southern St. Johns – Channel 3, Northern St. Johns – Channel 29 or 26, in Jacksonville on Channel 26

Posted in Affordable Housing, Essential Worker Housing, PZA, St. Johns County

St. Johns County Planning and Zoning Agency February 2 Meeting Summary

Posted on by Beth Tate

The February 2 St. Johns County Planning and Zoning Agency (PZA) was largely unremarkable.

During initial public comments, only one resident shared comments to essentially remind the PZA members that the Board of County Commissioners had voted down industrial development in an area zoned residential at their most recent meeting. This was interesting as there was no such request on the PZA agenda for the February 2 meeting.

Discussion on the Smith Borrow Pit was minimal, considering the previous presentation of this item in November. One comment of note was that while there would be noise and disruption for a period of time while the borrow pit was in use, the longer term implications of the borrow pit are a pond and no further infill development of residential or industrial. Perhaps something to consider when future requests for a borrow pit come forward.

The modifications to the River Town DRI and PUD turned out to not be as concerning as some residents had thought. The Abandoned Eagle’s nest referenced in the application turned out to be a nest that had been in a tree that had burned during a wildfire, so the protected designation was no longer needed. There was positive impact on schools as 770 residents to be built will be Deed Restricted for active adults thus lessening the impact on the local school crowding situation. There was little debate on approving this item.

The last two items of the day covered the request from the Northeast Florida Builders Association (NEFBA) to modify the County’s Workforce Housing Ordinance. This was originally presented to the Board of County Commissioners on October 18. The original request was to modify density requirements and to adjust the maximum initial sales price of Workforce Housing up to $270,000 while also reducing the % of Workforce Housing units to be constructed down to 20%. Commissioner Dean proposed a compromise at that meeting to raise the maximum initial sales price to $260,000 and lower the % of units to be constructed to 30%.

NEFBA presented their request for the ordinance change and two comments in favor of the change were presented. As the Chair of the St. Johns County Chamber of Commerce Public Policy Committee, I presented a statement on behalf of the Chamber supporting the changes in density and expressing concern with decreasing the percentage of homes dedicated to Essential Worker Housing in St. Johns County.

The Ordinance change was approved to go forward to the Board of County Commissioners.

Video of the meeting can be found at this link: Feb 2 PZA Meeting