Interoffice Memorandum
DATE: August 31, 2026
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Nicolas Thalmueller, AICP, Planning Administrator, DRC Office
PHONE: 407-836-5523
DIVISION: Development Review Committee
ACTION REQUESTED:
title
Development Review Committee Appeal Process. (DRC Office)
body
PROJECT: N/A
PURPOSE: On May 5, 2026, District 5 Commissioner Kelly Martinez Semrad presented a Commissioner’s report regarding the BCC Appeal Authority on DRC-Reviewed Application Decisions. The report followed a Development Review Committee (DRC) appeal case (DRCA-25-12-304) in which the DRC heard an appeal of the County Engineer’s denial of a variance from Orange County Code Section 37-539(4) for lot size requirements based on private potable well and individual on-site sewage disposal system (OSDS). The DRC voted to overturn the County Engineer’s denial and approve the requested variance.
During the May 5 Board Discussion, the Board discussed policy and procedural concerns related to the case and the DRC process. These included the request for members of the BCC to appeal certain DRC decisions; a desire for greater awareness of development cases and clearer public-facing information; concerns about development impacts near environmentally sensitive areas; the need for enhanced standards, review tools, and process; transparency and predictability; and interpretations of Comprehensive Plan Policies.
Staff’s presentation will detail specifics of the DRC appeal case, examine the policy considerations and code processes, create awareness of the County’s DRC framework, and recommend strategies and considerations to address the policy and procedural concerns discussed on May 5. Staff will seek guidance from the Board on proceeding with the shared recommendations.
This is for informational purposes only and no action is requested.
BUDGET: N/A