Board of County Commissioners · Afternoon Session
06.07.2022 Pasco Board of County Commissioners Meeting (Afternoon Session)
Tue, Jun 7, 2022
The board adopted an ordinance increasing the maximum residential building height in multiple zoning districts from 35 to 45 feet, and separately approved removing the ceiling on residential solid waste collection rates while indexing hauler charges to the CPI, both on 4-0 votes with Commissioner Moore Addison absent. Commissioners approved a rezoning for Bushnell DD LLC on 3.86 acres along County Line Road from AR to C2 to accommodate a Dunkin Donuts and other commercial uses, with deed restrictions including a Type A buffer and six-foot opaque fence following neighbor concerns about easement access.
Agenda12 items
- 0:00Call to order and opening of June 7, 2022 BOCC meetingadministrative
- 4:47PHPFirst reading of Land Development Code sign regulations amendmentpublic hearingdiscussedread ↓
- 19:08P81Continuance of North Ridge comp plan amendment AR to MPUD rezoningpublic hearingtabledread ↓
- 20:15P82Adoption of residential building height increase from 35 to 45 feetordinance
- 21:56P83Adoption of solid waste collection rate ceiling removal and CPI indexingordinance
- 25:07P84Continuance of Faircloth MPUD rezoning from AC to MPUDpublic hearingtabledread ↓
- 28:03P85Continuance of PDD227574 MPUD rezoning to date uncertainpublic hearingtabledread ↓
- 28:38P86Consent rezoning Bay Area Merchandising LLC from C1 to R4public hearingapprovedread ↓
- 29:30P87Consent land excavation operating permit for Scitex and NR Holdings LLCconsentapprovedread ↓
- 30:28P88Bushnell DD LLC rezoning from AR to C2 for Dunkin Donuts commercial sitepublic hearingapprovedread ↓
- 52:40P89Eric Dominic rezoning AR and R1MH to RMH for mobile home subdivisionpublic hearingapprovedread ↓
- 55:14AdjournmentMeeting adjourned following completion of all agenda itemsadjournment
Transcript20 paragraphs(1,386 cues)
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4:35meeting of june 7th 2022 he silenced all electronic devices and keep your microphones i will now proceed with public hearings starting with ordinance php madam chairman and member of the border approved publication of the hearing of this matter at this time in the may 22nd edition of the tampa bay times okay good afternoon good afternoon madam chair commissioners denise hernandez planning on development this item which is pd220397 this is the first reading on the item i will read the title it's an ordinance by the board of county commissioners amending the pasco county land development code ordinance number 89-21 as amended providing for amendments for section 406.1 signs section 601 traditional neighborhood development section 1200 non-conformities creating section 1203.4 non-conforming signs amending appendix a definitions providing for additional amendments as necessary for internal consistency providing for applicability repealer severability inclusion to land development code modification and an effective date so by way of history um see if i can bring that the powerpoint up so the these amendments that are before you uh basically they we've been working on these since probably 2017 or so so um there are several parts to these amendments uh the first being is that we needed to be compliant with the reid versus town of gilbert supreme court decision of 20 2015. so basically um reed versus town of gilbert the united states supreme court addressed the constitutionality of a local sign ordinance that had different criteria for different types of temporary non-commercial signs as a result of that decision it's appropriate and necessary to modify and update certain sign regulations in order to respond to the parameters outlining permissible government regulation of signage additionally in 2019 on april 2nd there was a workshop to the board regarding digital signage and the board of county commissioners directed county staff to move forward with modifications to 406.1 to allow digital signs for office commercial and industrial districts and then those types of entitled properties within mp the mpud district additionally just recently we added that there could be digital signage for homeowner associations and condo associations that are established for florida statutes 720 and 718 respectively in addition the 406.1 signs was restructured for each of ease of use we clarified terminology throughout the section
7:34these um we moved to non-conforming signs to 406.1 from 406.1 to 1203.49 non-conforming signs we added prohibited materials to the prohibited science section we added maintenance standards for temporary signs we added computation of sine shape and area we actually took that from 60110 and moved it into 406.1 as well we also added non-substantial and substantial modifications to unified sign plans which were not present in force and 406.1 so the subject proposed amendments were presented to and discussed with the ldc interested parties and horizontal roundtable group on april 18 2022 in addition uh prior to that time we did send out the sign code updates to the horizontal round table and interested parties folks and the changes have been on our website since that time and on june 2nd 2022 the local planning agency unanimously unanimously found the proposed amendment consistent with a comprehensive plan and recommended approval to the board today is just your first reading so we're asking you to accept public comment there's no action required by the board of county commissioners as this is the first of the two hearings and the adoption hearing is set for june 21st 2022 i do want to say that we have met individually with commissioners and there have been some comments that have been made and we will be addressing those uh prior to the adoption so there's a few tweaks that we need to that we still need to do so i am here for any questions you may i have some questions but i'll let my fellow commissioners go first you guys have any questions okay um i we talked about some cleanups and so yeah so those will be those will be addressed so the cleanups that we talked about to put those into the record are the section about the materials that can be used for signs there was a concern that by stating that their unfinished materials that that would potentially disallow artistic metals so we're going to be taking that into consideration there was also a comment about the temporary signs maintenance standards and that they have to be removed within 24 hours notice by the county and safely stored when there's a the government authority states that weather conditions require storage of loose items you wanted to button that up a little bit i will be discussing that with christy sims and then the last item was regarding the homeowners association condo associations and community development districts of signage where they're not not for them for them not to be visible from collector and arch and arterial roads yeah so those are things we're going to be working on but they're community buildings not at 54 and starkey or whatever
10:30one more thing that i i want to discuss and maybe you can do a little research i um a temporary sign can be um with a uh what's the flapping one uh feather banners that were better yeah um we don't have any restrictions on the width and while i while i see that the industry standard may be seven and a half feet or eight feet by two or two and a half to have an eight foot by four foot flapping feather banner is not okay as as discussed that section just basically discusses all kinds of temporary signs so a temporary sign cannot be any more than four feet wide by eight feet except that in height you can't like where it doesn't specifically say a feather banner can't be that it's just a temporary sign altogether cannot be more than four by eight and i would like to add that a feather banner cannot be any wider than two and a half feet because a four foot flap-in piece of fabric can hurt somebody and um and while i don't think you can buy one i don't think you can make one yeah and um and that's that's that's a real hazard at four at four feet so um what what kind of materials do we require in the way that they put up their temporary signs so um so there's different types of materials i'm i'm are you confusing the temporary signs with permanent signs no okay because the temporary signs i mean you know a banner can be placed on an actual you know fence a banner can be placed on posts so it could be hung by posts and then a feather banner has that actual wire component um that that is is part of the structure of the feather banner okay so um the post you talking about like two pieces of wood yes and where what are the restrictions on where that wood can can be on their property so the the setbacks haven't changed so the the setbacks for the temporary signs let me go into that section they cannot be in public right away no no they could never be in the public right-of-way that's complicated they do do it all the time right but it's prohibited completely prohibited um so five five feet from the right-of-way line and uh 20 feet from the intersection of any rights of way so it's in section 40406.1 point b 0.2 and they can be two-sided or just one side um they can be the code doesn't say that so we can clarify that it's usually just one-sided right because two-sided means are putting two signs together so just just little cleanups sure okay any other examples i just want to get rid of those but i know i might be normal yes madam chair i would like to hear the views
13:30of are you allowed to use a blow-up inflatable sign such as an ic if they're having like a free icy day or a grand opening then those are prohibited yes those are prohibited signs even if it's a temporary one they're prohibited to bring in advertising you know a lot of communities don't allow temporary signs at all we're kind of out there still allowing these in this day and age so you said communities so is this only residential counties a lot of you know we're a county that acts like a city because we don't have any big cities so the trend is to not allow temporary signs at all um i'll give you an example the uh 7-eleven will open up somewhere we all know it's a brand new 7-eleven yeah right but they don't need 20 signs flying in the air right to show that they can they can have one i believe and that's good enough yeah everyone's got to have one temporary site they can have one temporary sign and then um the direction of the board back in 2019 is that if the property can if the property has digital signage then they can't have additional temporary signage because digital signage allows you so much message so much more messaging over um just a regular monument sign well i just bring up the inflatable because i saw one the other day and if it's national free slushy day or something if they're advertising something for one day they can't even have that no it's a prohibited sign which i am finally okay um i don't think there's any action required you need to have a problem here thank you um denise i'm very appreciative to meet with you and elizabeth about this that you're bringing it forward it's been a long time coming a lot of things you have to take care of um i'm very happy with the response i got one of the places that was concerned with summertree they were thrilled with uh what was going on i don't know if you get a hold of the people at stockyard i didn't hear anything from them so i will say that and and i should have started by saying this that um my good friend and colleague elizabeth blair who would typically tag team on this with me she's under the weather so i i believe she did put in a call or an email she just hasn't heard back from them okay there was one one of the group that was and then she reached out to that attorney that you asked her to reach out to and she's heard back from that she's good with that one too that was good the last one was just with some building signs that was going on with a new new conflict it was kind of like doing some work and yeah but that's something that's handled under the
16:09current code it's not it will be affected by this great job with this yeah i think it's going to be great even for our like our own libraries well now instead of having to go change all the things back and forth now they can just have a sign that they can change it's going to be some some great efficiencies and i think it'll look better as well you know i didn't ask you but we did control the um lumens and foot candles yes oh that's that's all in there okay yeah elizabeth was a big champion for knits okay yeah i am does anyone in the public wish to speak to this anyone online wish to speak to this we have no one online and um you met with stakeholders in all groups yeah so we um again we um sat through we went line by line in each every single section with the um horizontal round table and interested parties and we've had this on our website with any questions or concerns reach out to denise hernandez haven't heard back and i do want to say that this doesn't happen in a vacuum we've talked to code enforcement building construction services several folks in the county attorney's office not just elizabeth elizabeth christie nikki david i mean just so it's it takes a village to do something like this so uh so i i'm very grateful for my village and my tribe the other thing that didn't come in that um that i wished for was a sun setting of the old ugly signs and i would have liked to i mean signs only have a lifetime um i mean they don't last forever and so i would have liked to have been able to sunset the old ones that um in my opinion when you have a new mcdonald's with the new monument sign that looks so nice and then you have the burger king with the sign from 40 years ago that's three times four times bigger it's not an even fair playing field and i think we should be getting everyone to the same level playing field and even if we have to give an economic incentive i think with the creation of 1203.4 you're going to see that there's a lot of that stuff that's going to come down because you'll have to bring the property into conformity in so many different um instances so i think well i see i see businesses change like um we had i don't even know what the business was now it sells marijuana but they didn't have to change the sign and we kind of missed it with code enforcement but they just put a new face on it now it's whatever that marijuana we might see some real good benefit with this though because i think this gives a business a good chance to be able to put a product out there or something that's going on and and make it look better doing it so they may switch to the digital when they switch them still yeah so i think we're going to i think we're going to see a
18:57lot of people want to do this and i think it's going to improve the old signs to go to go this way i hope so listen okay thank you um p81 right so p81 is um it was actually scheduled today for uh for adoption uh by roll call bloke but we've received a request for continuance um i'm sorry the i guess you need the is barbara online we do have a publication of in february 16th edition of the tampa bay times manor at this time so p81 is pdd220029 it was scheduled for adoption this is for north ridge for a comp plan amendment changing the future land use from res1 to pd the applicant has requested a continuance to the july 12 2022 board of county commissioners meeting at 1 30 in dade city move to continue time certainly i think you might need to call for a public comment i will see if anyone's here to speak on p81 is there anyone online to speak to p81 we have no one signed up nor online okay i have a motion and i have a second to continue all in favor aye aye opposed passes thank you p82 we have proof publication in the april 6 edition of the tampa bay times for the hearing of this matter all right so p82 um is this is the adoption on this item so we're asking you to accept public comment adopt by roll call vote this went to the local planning agency on april 21 2022 who found it consistent with a comprehensive plan and recommended approval to the board and it went to the board for first reading on may 17 22. it's an ordinance by the pasco county board of county commissioners amending the pasco county land development code chapter 500 zoning section 509 er state residential district section 510 er to a state residential district section 512 r1mh single-family mobile home district section 514 r1 rural density residential district section 515 our two world rural density low density residential districts section 516 are three medium density residential district section 517 are four high-density residential districts and other sections is necessary for internal consistency providing for applicability repealer for providing for severability inclusion into land development code and an effective date so just to let you know this is the residential building height increase from 35 to 45 feet so today is the adoption we ask that you accept public comment and adopt by rule call vote i know we're all in support of this uh does anyone here want to speak to this issue is anyone online to speak to this issue i'll take a motion no ma'am move approval second is this a roll call yes it is district one commissioner oakley aye district two commissioner uh morris addison district four commissioner
21:48fitzpatrick aye district five commissioner mariano aye district three chairman starkey aye p83 we have proved the publication of this matter in the april 1882 good afternoon madam chair members of the board justin ressler solid waste director p83 is an ordinance mender in chapter 90 article 2 of the pasco county code of ordinances solid waste collection and disposal division 2 sections 90-47 90-48 90-64 providing for repealer providing for separability providing for applicability providing for inclusion and code and providing for an effective date this is the second reading next slide please this is the ordinance amendment which removes the residential waste collection ceiling and indexes it with the cpi for garbage and trash collection over the past several years we've seen market increases in both fuel and labor costs and so we brought this for the board to consider ultimately it is the haulers who set the waste collection pricing what we are doing here today is were presenting an ordinance that would increase the maximum allowable rate they'd be able to charge this would not have any impact on existing hoa hauler contracts with that the department recommends that you accept public comment adopt the proposed ordinance by roll call vote authorize the chairman to execute the ordinance amendment and direct board records to retain the original and final electronic copy of the ordinance with the department of state within 10 days of adoption just for the record this is not the second public hearing this is the first public hearing on this item but it only needs one oh i thought we heard this already you heard introduction okay and for clarification the publication was the may 18th edition of the tampa bay times okay board members any question madam chair i think we as we talked about it there has been some major increases that they're struggling with and the one thing we want to make sure the trash does get picked up i will make note for anybody out there that is an h has an hoa as justin mentioned um my own hoa beacon woods actually reached out to them this morning to say this increase if it does go through is going to affect everybody here you may want to look at getting your hoa to contract individually with a hauler um and one of the things that prompted that was all of a sudden we have like more than one hauler in the neighborhood so if you want to cut down the trick trucks coming in as well as that goes maybe it's a good move to to make make that move and it's so much better for your roads and for your um you don't have the sound you know
24:32every day of the week so that's that's a good thing okay is does anyone here wish to speak to this item is anyone online uh no ma'am roll call move from uh district one commissioner oakley aye district two commissioner moore is absent district for commissioner fitzpatrick aye district five commissioner mariana aye and district three chairman starkin aye we will now proceed with public hearings will the county attorney please review the procedures for resuming be happy to there are two resounding agendas regulating consent staff will present each at each application to the board of county commissioners if planning if staff for planning commission has recommended approval and there is no opposition the application will be considered by the board without further presentation if staff or planning commission has recommended denial or if there is opposition to the application the applicant will be given five minutes per presentation the opposition will be given three minutes for each individual or five minutes for a group representative and the applicant will be given three minutes for rebuttal any individual disagreeing with staff for planning commission recommendation or anyone wishing to object to any condition of the rezoning may at this time request the petition be pulled from the consent agenda in which case that application will be heard under the regular agenda later on during the meeting otherwise all rezoning applications on the consent agenda will be approved by a single motion and vote if you wish to speak to any petition please give your name and address and whether or not you've been sworn for the record these are quasi-judicial public hearings the law in florida is that mere public support or opposition of an application is insufficient for this board to take action please limit your comments to those criteria found within the board's land development code all right those are in person who are pre-registered to speak to any of the items on the public hearing agenda will be sworn in now by the clerk please rise those of you who are wishing to are intending to present information to the board please raise your right hand do you and each of you swear to to swear or affirm that the testimony you will give is the truth so have you got thank you please when you step forward if you will confirm for the record your name your address and spelling your last name and confirm if you have been sworn thank you we have proof of publication of the hearing of this matter in the april 20th edition of the tampa bay times item b 84. all right the 84. pdd227565 this is fair cloth mpud for
27:27rezoning requests from ac to mpud this is a request the applicant has requested a continuance to the june 21st 2022 border county commissioners meeting at 1 30 in newport richie all right is any there anyone here these were advertised continuances you can just take action okay all right um do we take motion emotion okay second is there a second second of all those in favor aye opposed p84 is continued who made the motion this first i made the motion okay she made the second 85 p85 is uh proof of publication in the tampa bay times april 20th 2022. p85 is pd 227574d master plan unit development this was also advertised as a continuance but the actual new request is to continue to a date uncertain it was continued to a date uncertain by the local planning agency on june 2nd 22. motion to continue second all in favor p86 does have proof of publication on the april 20th 2022 edition of the tampa bay times pd 227619 in the name of bay area merchandising llc is for a change in zoning from c1 neighborhood commercial district to r4 high density residential district comes to you with a recommendation of approval from the planning and development department and the planning commission okay um board members any questions is there is the applicant here this item is on consent it's on consent does anyone here wish to speak in opposition to this item is there anyone online to speak in opposition we have no one on point the map okay we'll leave it on consent and my notes say there are two on consent but i don't see two others 87 next page next one okay mine doesn't seek okay oh it does i didn't highlight it 87 p87 we have proof of publication in the april 20th 2022 edition of the tampa bay times it's p p d 22 c u 18 this is a land excavation operating permit and conditional use amendment request for scitex and our holdings llc for an operating permit and conditional use permit for land excavation and an mpud master plan unit development district this comes through with a with within a recommendation of approval with conditions from the planning and development department and the planning commission and that's as contained in your in your agenda packet okay um is there anyone here who wishes to speak in opposition to p87 do you have anyone online no ma'am all right we'll leave it on the consent and i will accept motion for the concession second all in favor of the consent agend i consent items signify by saying i i oppose all right p 88
30:29p 88 uh we have proof of publication and the april 20th 2022 edition of the tampa bay times good afternoon liam divine planning and development um item p88 before we begin i would like to request to receive and file a declaration of easement it should have been an attachment that was not included in your original packet i have placed a copy on each of your desks and i have submitted it already to the clerk's office motion to receive and file a second all in favor aye item p88 pdd22-7616 in the name of bushnell dd llc it is a zoning amendment from ar agricultural residential district to a c2 general commercial district the subject site is located on the south side of county line road approximately a thousand feet west of suncoast parkway extension and this is a look at the aerial view the surrounding future lane is to the north east south and west is all res one the surrounding zoning to the north south and west is ar and to the east is c2 the subject site consists of a mobile slash manufactured home and accessory structures on approximately 3.86 acres the applicant proposes to develop the property with a dunkin donuts and other commercial uses in conformance with the c2 general commercial district standards for development access to the property is from february lane a county maintained local road with approximately 70 feet of right away and simbora drive a privately maintained ingress egress easement with approximately 20 feet of paved asphalt the subject site currently has a future land use classification of com commercial the applicant has voluntarily agreed to record a deed restriction with a minimum of type a buffer and a six feet in height opaque fence or wall along the south of the subject site and then they have also agreed to maintain the easement for symbora drive to county standards and this is coming with a recommendation for approval from planning commission and planning and development department i'm here if you have any questions um i don't have any questions anyone all right um does the applicant want to make a presentation pam chair commissioners todd pressman 2nd avenue south number 400 in st petersburg florida uh appreciate your time this afternoon uh this is request which at first you've approved a future land use amendment some time ago to commercial which was approved which is why the rezoning is coming forward your staff is recommending approval and you're planning on zoning board recommended unanimous approval we are seeking ar to c2 for 3.86 acres c2 is a budding the property on the east and to the
33:26north across county line is a commercial future land use category the site is just a stone's throw from the veterans expressway um county commissioners as indicated report have approved similar zonings in the muted area now i have spoken on the phone with two of the nicest ladies i've run into with these kind of issues they are the owners abundant to the south so directly because of their concerns raised at the plant and zoning board we agreed to a condition to maintain sombora for the area that this property is affronting and we've also agreed to as liam indicated a type a buffer with a fence which not speaking for them at the time and as a subsequent conversation they appeared very comfortable with that uh so with that um i'll be happy to answer any questions or answer any questions from the nice ladies that are here um i i do have a question just from our conversation this morning are are there utilities here yes okay ask my wife okay um that's my understanding i think i'll go i'll take a quick look back at the uh at the report but i believe that is correct okay um is there anyone here from the public who wishes to speak on this item we have to uh cheryl gant okay um name and address for the record and whether you've please sworn in pardon me have you been sworn in yes okay my name is cheryl gent i live at 188 20 symborah drive i have actually brought some documents and some pictures for y'all to look at maybe i've rehearsed this so i hope i get it three minutes here i'm here with my mom same address carol symbor again we're here because our roads and board drive alliance next to the property that bushnell recently purchased i've provided documents pictures dudes and surveys on may 5th my mom and i went to the planning commission meeting we were naive with those proceedings we stated we didn't mind the zoning change we just wanted a buffer from the commercial property and for bursnell not to use our driveway we stated that sambora drive is a privately owned road and that the we were told by the board that the easement rights were given to the adjoining property owners when they brought the property and that bushnell could use it for public use the board stated it was a civil matter and to try to work it out ourselves regarding the maintenance of the road in may of 62 my great-grandmother obtained 10 acres of land on county line road my grandparents and some boris bought the land four generations of my family have lived on this property in 79 my grandparents divided the 10
36:27acres into four two and a half acre plots one for them and one the other three plots for their three daughters and they made a declaration of easement a planning board member said that my grandparents should have used a lawyer and that the easement didn't state no commercial use it was to be used by all four plots after the meeting we located the easement document john h bonner of bonner and hogan pa did prepare the document an attorney was used no commercial use was probably admitted because it was all zoned for residential agriculture we sought legal advice i was informed that the court of law looks at the intent of the declaration to me the intent is obvious because it was all zoned residential agriculture meaning our family and this is proven evident on the survey my grandmother hand wrote the family names on the four plots during the planning meeting a woman from the road department said that it was a viable road to use only one half of the road is wide enough for two-way traffic the rest is a single lane there are no dividing lane lines no dead end signs and it's thinly graveled even garbage trucks tear it up there's go for turtles that need to be relocated from the property as per sb 494 and they have over bushnell has over 155 foot of frontage on february lane just from the one parcel but there is a paved entrance over a cement drain that already exists there's no need to pass by that entrance and use some more drive i spoke to liam devine last week and he informed me that bushnell was to maintain the road per the county meet for the standards county standards liam said there was supposed to be space for eight vehicles at the order board for duncan will that line back up in their parking lot or on sambora drive will i be blocked from my home liam said that my taxes shouldn't go up because of the zoning the road is residential and the adjoining property is commercial i said that's the problem the county is using our residential road for commercial purposes we were informed we don't have the choice if this is the case it should be imminent domain the county should buy and maintain the road so it can be used as they want this would benefit all property owners i believe i proved the intent of the declaration if you decide against us and let duncan use our road please make sure that the entire length of the road is paid to maintained by bushnell for the recommendations thank you thank you so is there anyone else who wishes to speak on this uh carol gant is already is also assigned is that the mom did you want to speak the okay good afternoon my name is carol symbora gant i live at 18820 symbora drive and i have lived there for 40 years 40 straight years the county is telling me
39:34that i have no rights to use my private owned privately owned driveway as i want then the county should buy it i would love for them to buy it the county should make it a public road since you are making me use it as a public road no matter who paves and maintains the road please make sure the entire symbol or drive is paved it sort of narrows down because they figured mom and dad figured at the time we didn't need a big car anyway please put into the paperwork that the road shall be paved and maintained by the recommendations of the planning board and by the county standards uh i just say this is very woodsy and we love the area and we've been like i said in pasco county for four years and before that in many years in hernando county i would love for the county to buy it because i'm in my 80s and i'm not going to be able to be paying taxes on that road for many more years so please do us a favor and do the company a favor make it a nice road and ownership so i can walk down to dunkin donuts especially on sundays thank you for listening to me because i haven't done much in the nature of these talks since i was a cheerleader and now i'm not a very good cheerleader so thank you very much and please please help us in this case thank you um question for you there's a preschool on that is there a preschool on simbora yes okay i can't hear very well all right and and then um who owns the property next to the suncoast looks like that is actually in lebron he owns i think it's almost 20 acres who is also owns the home that my parents lived in next to us is that a junkyard no there's no junkyard no there's some equipment there because he owned a um one of those companies that fill in sinkholes so there's there's a sinkhole repair equipment there but no that all that property is for sale as a matter of fact we're getting offers all the time for somebody uh they want to come in and buy all i bet they do yeah they do and i wish that everyone would agree because you know we could retire very nicely yeah um but yeah and see the the road itself is
42:36.24 acres i mean it's a quarter of an acre and when when the regular house is on less than a fifth of an acre of land we're talking about a good chunk of land here and it would just be so much easier if the county you know we did the eminent domain in the county just about it yeah that's not something that we do but i i'm sure we have some questions for the apple camp and the staff there's no one else signed up okay um so can you say again what's going on with the road and who owns the road so so why don't you finish with your public hearing and then well he said there's no one else well does anyone else here wish to speak on this anyone online no yeah thank you already okay um yeah let can you explain the road again because maybe i missed something yes i can explain the road again so sambora drive is an access ingress egress easement um it's about 20 foot in width so that is what the declaration of easement is that declaration does not limit to commercial properties or residential it is a simple ingress egress ingress egress easement for the subject's site so that's what's going on and i will state that that the applicant or a successor owner shall maintain symbor drive two standards in the section 901.4 of the land development code for all portions of symbol drive abutting the subject property so that's what they're agreeing to into the deed restrictions so they're saying that it will be paved and up to county standards but that is an ingress egress easement so they don't own that property underneath they're just allowed to use the subject site owner the property owner okay who who owns the easement whose easement is it i i believe it's their easement let me rephrase that it's their property but that so the applicant own the applicant has an easement to use the property for ingress egress and and will maintain it that will be within the deed restriction so they have voluntarily agreed to a deed restriction that them or any successor owner shall maintain sabor drive to the standards in 901.4 of the land development code okay and who owns is february lane a county maintained road february lane is a county maintain lane okay maintain red this is whose district i'm not you know i'm asking questions here it's so good [Laughter] so liam the declaration of easement that you passed out somebody somebody from your staff or survey has reviewed it not from surveys staff has reviewed it okay the parcels that are listed on exhibit b
45:38are are the description of this of the applicant's property yes but i'm not an expert surveyor so that's what i'll say for the parcel so so what i'm trying to find out is does this easement is this easement to the to the applicant's property so somebody should have looked at if you're passing this out for the purposes that this easement grants the applicant the ability to use it somebody on our staff should have checked it to make sure the legals coincide with this piece of property that's all i'm asking has that review been done i do have a copy give me one second [Applause] yet the second paragraph describes the easement 10 feet on each side of the parcel accepting the east and accepting the west [Applause] verified that it does the applicant's parcel is the one that's denoted as parcel one okay and the the legal that that is the easement is symbol that's correct so they so parcel one has the legal right to traverse this road it is not i agree with with liam's statement there is nothing here that would indicate that this easement was granted for resident for purely residential purposes when they were sold off they were entitled to have the easement just like well there's a business on there already that's there's pitter-patter preschools on that room so at least that's what it says here on google yeah okay and that business is the is parcel too yeah but it uses symbora that's correct yeah yeah well jack uh got a couple questions too okay um thank you madam chair right now sambora that runs north south correct so if in fact we bring utilities alongside on connie line road do they have to connect my anticipation they wouldn't be have to if they're on county line road my car balance so typically if a gravity sewer is provided there is a forcible connection that has to take place under state law but if there's force mains or water then based on current policy it's not obligatory all right so and if we're going to try to make this whole area grow with water and sewer we're going to need to make a connection
49:00happen so because you have a frontage road down below you're separating it from county line road uh is this something we can do and i guess this quite a question for denise if not for you that can be put a condition into if the [Music] sewer lines provided on conor line grow that they have to connect to the euclidean zoning so you can't condition it that's why that's why he's tendered the covenants and restrictions but um would be if they're sewer available it would be odd that the health department would give a commercial certainly yes certainly our experience with the health department is if it's there and available when the time came to renew or to do whatever let's just say well and septic or involved and there is facilities available there is still a process that they would go through so i mean theoretically at that time it it could be forced i mean from what you can see or if you can see from what's going on you don't see the map now but with that line in there it would be a normal thing to have a connection like that stubbed out to symbol or drive to make the connection if a line were to be put in to have a stub out or a connection point certainly that's that's not anything difficult right so if we just so if we did have the line going across all we'd have to do is just draw a stop outline and then they'd have to connect that could be designed into the process of course okay um do we find out do they have sewer or not so my records from from the team show that it's kind of in that area what we discussed this morning where there really are no pasco county utilities located right there oh there are none so can i ask the applicant back up yeah so mr pressman do you think that the owners would agree to hook up if we did bring utilities in place for for sewer i'm sure they would okay any further don't be careful what you asked for because you don't know the cost yet so i mean it would be part of a team of people bringing it up right that's what we're talking that's what we were talking about this morning since there's no utilities there it's a hindrance to development as i looked at my notes the last discussion i had with the applicant was they had talked with hernando county yeah but then i understand that is somewhat as i'm learning this this afternoon that is often this morning it's that's a little in flux from what i've been told right so the way i look at it is if we're going
51:43to be in and just thinking this as we've gone through the day now looking at this whole thing as i think our best move is accounting is to actually look at all the businesses up and down the line that say they connect you know like they like to connect or they even contribute to doing so that it may make the whole thing feasible all the way through but it's going to be a little bit of a process but yeah with that into local gone now they're not going to let you hook up or you'll be cut out after two years anyway say again please in two in two years time the hernando agreement is going to go away so they're not gonna i don't think let you look up anyway at this point so for you for long term if we looked at it it'd be good if we could reach out and make contact to say look we'd like to hook up when you can make it available okay thank you okay so with that take a motion move approval second all in favor aye aye aye okay then we are at p p 89 we have proof of publication in the april 20th 2022 edition of the tampa bay operation item p89 sorry liam divine planning development item p89 pdd 22-76 in the name of eric dominic it is zoning member from ar agricultural residential district and r1mh single-family slash mobile home district to a rmh mobile home district the subject site is located on the southwest corner of the intersection of tucker road and michelle lane and here is a look at the aerial view the surrounding future land use to the north south east and west is res 9. the surrounding zoning to the north is ar rmh and r1 to the east is ar rmh r1mh to the south is ar into the west is ar the subject site is currently undeveloped on approximately 15.22 acres the applicant proposes to develop the property with a mobile home subdivision in conformance with the rmh mobile home district standards access to the property is from tucker road a county maintained local road with approximately 40 feet of right-of-way and a butts michelle lane a privately maintained local road with approximately 30 feet of right-of-way the surrounding area is characterized by residential development mobile home subdivisions and travel trailer special recreational vehicle parks and the future land uses res9 under the comprehensive plan this is coming with a recommendation for approval from planning commission and planning development department i'm here if you have any questions could you put the map back up again of course do you want the aerial or you want the area okay and okay all right um board representing
54:43questions uh is there anyone here from the public that wishes to speak to this okay well we don't have to have a presentation second all in favor i opposed i i should have said is there anyone online but you didn't speak all right so that is done i believe that we are done for the day is that it okay we are adjourned all right [Music] you