Commissioners approve 3296 Boggy Creek easement realignment over residents' objections; vote 4-1

The Osceola Board of County Commissioners on Tuesday approved a request from 3296 Boggy Creek, LLC to vacate a 40-foot drainage easement and replace it with a 37-foot easement to permit a realignment of a drainage ditch as part of a proposed 300-unit apartment development. The resolution (25-75R; vacation 24-1) passed 4-1, with Commissioner Booth opposed.

Raymond Stangel, the county's community development administrator, presented the item and said the applicant had submitted drainage calculations and design that county staff and the South Florida Water Management District (SFWMD) had reviewed. Stangel said the applicant's plan uses culverts to pipe the ditch through the development and that the design "will maintain the capacity of the ditch and not adversely impact the downstream property owners." He added that the applicant had designed their pond to contain the 100-year storm event.

Attorney Rebecca Wilson, representing the applicant, said the request "is consistent with the SDP approval" the county issued in May and that water would continue to flow through the relocated alignment. She said the open ditch currently uses only about 12 to 13 feet of the existing 40-foot easement and that a 37-foot easement is sufficient for the proposed pipe installation. Wilson also stated the project has received necessary water management district permits; the U.S. Army Corps of Engineers reviewed the site and concluded no federal permit was required.

Residents of Great Oaks and the Boggy Creek area voiced strong opposition during public comment. Scott Solano, a long-time Boggy Creek resident, described repeated flooding at his home and said recent development has increased runoff and sand deposition in the creek, which he said has made properties uninsurable. Joy Soldo, who said she has lived on Boggy Creek for 40 years, asked the board to study Boggy Creek's capacity, consider dredging and place a moratorium on future development in the watershed until the county completes the study. She described sand deposits and shoaling that have reduced creek depth and said the system no longer moves water as it did previously.

Commissioner Booth, citing prior commitments to residents and concerns about the 300-unit apartment request under the state's Live Local Act, moved to deny the easement realignment; that motion died for lack of a second. Commissioner Grieve moved to approve the easement vacation and replacement; Commissioner Chaudhry seconded. The motion passed 4-1 (Booth opposed).

During discussion, staff told the board the broader drainage study the county is preparing is focused on flows coming from Orange County and on shoaling and vegetation issues in Boggy Creek, but that such a larger watershed study would not change the technical drainage calculations submitted as part of this specific project's permitting. Stangel told commissioners that the development's plans demonstrate the post-development discharge rate would be equal to or less than predevelopment conditions, as required by county and SFWMD rules.

Action details: - Applicant: 3296 Boggy Creek, LLC - Site: 13 acres near Simpson Road and Boggy Creek (near Circle K) - Proposal: Vacate 40-foot drainage easement; grant 37-foot replacement easement; construct drainage culverts and retention pond; develop 300-unit apartment complex under Live Local Act administrative review. - Staff finding: Drainage calculations meet county and SFWMD requirements; 100-year storm contained in pond. - Board action: Motion to approve moved by Commissioner Grieve; seconded by Commissioner Chaudhry; outcome: approved 4-1 (Commissioner Booth opposed).

Why it matters: The vote allows a major residential development to proceed on a property adjacent to Boggy Creek despite vocal local concerns about flooding, shoaling and long-term creek capacity. Residents requested immediate county study and mitigation measures; staff said a separate, larger drainage master plan is underway to address regional flows.