SECO Energy Request to Waive Sidewalk Requirements for Belleview Substation

Original title: SECO Belleview Substation - Major Site Plan - 000232 - Waiver to Major Site Plan in Review Parcel #: 4217-223-000 # WaiverPIR-000913-2026 SECO Energy, Inc. LDC 6.12.12. - Sidewalks CODE States: A. Sidewalks shall be provided in the Urban Area, Rural Activity Centers, and Specialized Commerce Districts along arterial, collector, and major local streets where these streets adjoin the project and minimally along one side of the internal streets. Sidewalks shall be constructed with all-weather surfaces and shall meet Americans with Disabilities Act, Florida Building Code, and FDOT Design Standards. B. Sidewalks outside the right-of-way and independent of the street system are encouraged as an alternative to sidewalks parallel to a roadway, provided equivalent pedestrian needs are met. C. The sidewalk system shall provide connectivity between existing and proposed developments. D. At the discretion of the Development Review Committee, in lieu of construction along external streets, the developer may pay a sidewalk fee to the County in an amount necessary to complete construction. This amount shall be determined by the project engineer and approved by the County with payment required prior to final plan approval. The County may use these funds toward the construction of sidewalks throughout the County based on priorities established by the Board. APPLICANT - SECO respectfully requests approval of the waiver from the sidewalk requirement of LDC 6.12.12, which has received staff support, based on the following statutory and project-specific considerations. SECO requests non-application of Section 6.12.12 of the Marion County Land Development Regulations, as the requirement is not applicable to the proposed electric substation use, which is governed by Florida Statute §163.3208. Pursuant to §163.3208: • §163.3208(3) states: “Local governments may adopt and enforce reasonable land development regulations for new and existing electric substations, addressing only setback, landscaping, buffering, screening, lighting, and other aesthetic compatibility-based standards.” §163.3208(6)(b) states: “A local government’s review of an application for the placement or construction of a new electric substation or for changes to an existing electric substation shall only address land development, zoning, or aesthetic compatibility-based issues.” The sidewalk requirement under Section 6.12.12 constitutes transportation infrastructure rather than an aesthetic or compatibility-based standard identified in §163.3208(3). As such, it falls outside the scope of permissible local regulation applicable to electric substations and should therefore not be applied to this project. In addition, the proposed substation is an unmanned and secured utility facility that is not intended for public access or pedestrian activity. The installation of sidewalks adjacent to high-voltage electrical infrastructure does not support the operational nature of the facility and may encourage unnecessary pedestrian proximity to utility infrastructure, which is inconsistent with accepted safety practices. Accordingly, due to the nature of substation operations and in the interest of enhancing public safety, discouraging pedestrian activity immediately adjacent to the facility is appropriate. Based on the foregoing, SECO respectfully maintains that the governing state statute preempts local requirements extending beyond the limited criteria applicable to electric substations. Therefore, Section 6.12.12 should not be applied to this project, and approval of the requested waiver is respectfully requested.