10.12.2021 Pasco Board of County Commissioners Meeting (Afternoon Session)

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We'll call back to order the county board of county counter commission meeting of October 12th, 2021. A reminder everyone, please silence all electronic devices and mute your microphones. Okay, now we will um proceed with the public hearing starting with ordinances P50. Mr. Chairman, we have proof of publication of this matter in the Tampa Bay Times on August the 25th of this year. Okay. Good afternoon, Commissioners. Denise Hernandez, Planning and Development, item P50 as PDD220003. This is the adoption. So, today we're asking that you accept public comment and adopt by roll call vote. I will read the title into record. An ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code, Chapter 500 Zoning. Section 503 AC, Agricultural District. Section 504, AC1, Agricultural District. Section 505, AR, Agricultural Residential District. Section 506, AR1, Agricult Agricultural Residential District. Section 507, AR5, Agricultural Residential District. Section 508, AR5, AR5MH, Agricultural Residential Mobile Home District. Section 527, C3, Commercial Light Manufacturing District. Section 528 I1 light industrial park district section 529 I2 general part general industrial park district section 905.2 landscaping and buffering appendix A definitions and other sections as necessary for internal consistency providing for applicability repealer providing for severability inclusion into land development code and an effective date. This item went to the horizontal round table on August 18th of 21 to the local planning agency on 99 who found it consistent with the Pasco County comprehensive plan and recommended approval to the board of county commissioners. And this was presented to you as a full presentation at first reading on September 28th, 2021. Okay. Um, is anyone signed up to speak to this item? Not this item, sir. How about on WebEx? Neither. See, move for poll. Second. I got a motion and a second. All those in favor say I. I have a question. Question. Is this the one time hearing of this or is are there two? This is the last last hearing on this item. This is um based on a preeemption that was sent down. Oh, that's right. That's it, Mr. Chairman. So, just make sure Oh, I just want to make sure that is anyone here in the audience that did not sign up uh to speak. Are you in audience and would like to speak at this time? Seeing no one. It's roll call vote. Roll call vote. I have a motion in a second.

You do have a motion and a second. Yep. District two, Commissioner Moore. District three, Commissioner Starky. Hi. District four, Commissioners Fitzpatrick. I. District five, Commissioner Mariano. I. District one, Chairman Ok. I. Motion pass 5. P51. We have proof of publication of the hearing of this matter in the August 15th edition of the Tampa Bay Times. Justin Mer, public infrastructure and business administration director. P-51 is an ordinance by the Pasco County Board of County Commissioners amending Pasco County Land Development Code Chapter 1300 Capital Facilities Fees and Incentives related to fees section 1302.8 water and wastewater service impact fees amending the name of fees and providing for changing fee amounts by resolution appendix A definitions providing for applicability repealer severability and inclusion into the land development code and an effective date. This is an adoption vote. Uh full presentation was given on 9:28 on the first roll call vote be. Okay. Is anyone signed up on to speak to this item? No sir. Neither. And neither WebEx nor in person at this. Is anyone in the room wish to speak to this item? It has not signed it. Move approval. Second. Got a motion and a second by roll call vote. District two. Commissioner. District three. Commissioner Starky. Hi. District four, Commissioner Fitzpatrick. I. District five, Commissioner Mariano. I. District 1, Chairman Oakley. I motion pass 50. And now is time. Mr. Steinstein, you want to go over procedures for reszoning? Be happy to, Mr. Chairman. There are two reasonzoning agendas, regular and consent. Staff will present each application to the board of county commissioners. If staff or planning commission has recommended approval and there is no opposition, the application will be given 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 for 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 or planning commission recommendation or anyone wishing to object to any condition of the resoning 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 resoning 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 aren't 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. Mr. Chairman, Denise Hernandez, we're going to move to item P57 first. This item swear in first. Absolutely. We need to do that. Thank you. Uh please raise your right hand. Do you swear affirm the all I'm sorry. All those who are wishing to speak to these matters, if you would please rise at this time. Anyone who is wishing to speak to these matters on the reasonzoning agenda, if you would please rise and raise your right hand. Do you swear or affirm that the testimony you will give in these matters is true? So help you God. Okay. All right, we're going to go out of order. So, you're going to start with P57. P57. Uh, you will not have proof of publication on this item as it was not properly published in a newspaper general circulation. PBD 2275077 Oaks MPD master plan unit development parcel S19. This is going to be withdrawn from further consideration. Okay. I think Mr. T would like to say something to this matter. Yeah, if I could Joel to to an associate Palm Harbor, Florida for the applicant. Um, I'm not sure why it's being characterized as withdrawal from any further consideration because that's actually not correct. It's being remanded back to planning commission to have a planning commission hearing after proper advertising and then back to the board. So, I don't think the record should reflect withdrawal. This should reflect a remand and uh advertising. Um at the planning commission, the clerk advised that there was proof of publication. So nobody knew until Friday that the county had not placed the ad. So I don't think it's a withdrawal from further consideration. My client certainly intends to proceed with the application and I was uh I've confirmed with Mr. PTOS and he and I had agreed on December 9 for the planning commission because that'll be in date city and then your first meeting in January because that would be the date city meeting whenever you confirm your schedule. So, I'd like the record to reflect that it's being sent back to planning commission after proper advertising and that those will be our dates because my client has to get a contract extension because of this

mistake and he needs to know his dates to tell his sellers. Thank you, Mr. Chairman. Before Mr. Tube goes back to his seat be because of that little change, I just want to make sure. Are you going to are you going to send out mailed notice again for your for planning commission and for for board? Yeah, Mr. Steiner, thank you. Yes, Terry and I have agreed that we will do the full renoticing. We'll send the adjacent property owner letters. We'll post again and by agreement with Terry. the applicant is actually going to place the advertisement and provide that proof of publication to staff to make certain that it gets advertised uh this time and then the county is going to reimburse us from the MPD fee for that additional cost of advertising since the first failure was not the applicant's uh mistake. Okay. So, so just for clarificate then then I agree with Mr. to that that this would not be considered a withdrawal of his application. He's not going to be reapplying. Um this the the motion would be to remand the planning commission after appropriate for the planning commission to hear this item after appropriate advertising. So he's going to start back fresh with unless there's a I mean that's I think we need staff to come up and say can this we have a request by the applicant. Is staff ready to have us make a motion for a date certain or just a or continue to a date a time uncertain just for the proper motion? No nectorios planning development. Uh yes, we would be prepared. We would work to be prepared by the December 9th planning commission date. Okay. So this would be January 11th I think would be the BOCC meeting. Is that correct? Just so we have the dates right that I I have January 11th on my calendar. That's the first meeting in date city. It was that or January. So the motion would hear would be to continue this item till No, the motion the motion would be to remand this project to the planning commission after appropriate advertising. So not to a date not to a date certain then the the dates agreed to but but you don't have anything you don't have anything to preserve to continue is my is my point. Okay. Motion to remand this project per the county attorney's recommendation. Okay. To planning commission. Correct. He said I can't do a date. It's not time. Certain. They have the dates, but it's not time. We worked out the second. All right. There you go. So, I've got a motion. Is that only on this one or is that Didn't you have a whole bunch group together?

No, we got this. So, this is only on this one. We're working on this project 57%. So I've got a motion. I need a second. Second. Jack second. And I got a second. And all those in favor? I in favor say I. I. All oppose like sign. Motion pass 5. Okay. We'll move on to you're going to do P54 next. P52. Huh? P52. 52. Oh, okay. Um, Mr. Chairman, this matter was continued from a previous meeting at which time notice was uh uh published for that meeting. Okay. It 52 is PD227344. It's a zoning amendment. Adrien Phillip, MPUV, master planning and development. Adrien Phillip Overpass LLC. The request is to continue the item to the October 26, 2021 um BCC meeting at 1:30 in Newport Richie. Move to continue to serve. Second. I got a motion and a second. All those in favor say I. All oppose like sign. Motion pass 5. So now we're 54. Pitch four. Okay. 53. 53. No, we pitch four and we'll come back. Uh Mr. Chairman, we and commissioners, we do have um notice of public uh notice of hearing at this time through publication in the Tampa Bay Times. That's on P54 on P54 showing June 20th of 21. Yes, the item's been continued. All right. Several times. And now it will be another continuence. PDD227546. It's Y Smith Properties LLC. It's for a change in zoning from C2 general commercial district to an I1 light industrial park district. The applicant has requested a continuence to the November 9th, 21 um board of county commissioners meeting at 1:30 in Date City. This was advertised as a as a um approval with approval. So if you want to call for public comment, what I'm going to ask question are we I'm sorry. Is this 52? 54. Uh, Mr. Chairman and uh, commissioners, we do not have anyone previously signed up either virtually or in person to speak to this matter. Okay. Why I'm just curious why it's being continued because this is something we would be supporting, right? Yeah. I I understand there's a a proposed code change. So, the applicant has some concerns and we're discussing those concerns. Change, land development code change. Yes. that

will uh the board will adopt before the end of the year. Okay. Can we postpone it to January or when it's in Newport Richie? When was it continue to to November 9th, 21? There is no opposition to the item. Okay. All right. I need a motion. Move to accept stacks recommendation. Second. A motion. Second. I'm just going to say I'm not going to be here November 9th. I will be on the Muppet track and it is in my district. So, oh the next meeting after that I think is in December. I'm not sure that's if there's no opposition in it. If there's no opposition there shouldn't be then that's fine. There's there's no opposition. Okay. So, I got a motion and a second. Motion to continue to continue to November 9th at 1:30 as soon thereafter as may be heard. Okay. All those in favor say I. I. I. All oppose like sign I motion pass 50. Okay. Are we back to we're back to agenda as to 53 and 55? Yes sir. All right. So then as to P-53 and P-55, P-53 was published in the August 25th Tampa Bay Times. P-55 was published in the September 8th, 19, 2021 Tampa Bay Times. Okay. P53 is PD 227547. It's a zoning amendment in the name Floyd Filman Worlds LLC. It's for a change in zoning from AC agricultural district to ER2 estate residential district. This comes to with a recommendation of approval from the planning and development department and the planning commission. Okay. Is anyone here to speak against this? Um we have persons signed up for P53. Okay. That's all. Are is anyone here that signed up to speak against this item? Okay. So, there's no one signed up and the person here is not speaking against the item. So, it stays on consent. So, we move on to the next. Nancy, are you in opposition to the application? We want to speak. Well, we don't you don't want No, you don't want to speak. you're not in opposition. Then pull it pull it off of consent and give them an opportunity to speak. We'll pull you want to speak on against 53 off consent. Um okay. So we'll take public comment on it right now or we don't we got one more concern. You got let's do the P. Let's finish the

Okay. So P-55 is PW2200010 Cedar Way paving assessment number 3454 in the amount of $3,575. The request is to approve the assessment. Okay. Is anyone here to speak against this item? We do not have anyone either virtually or in person signed up at this time. Okay. So it stays on consent and then I will take a motion toward the consent item. We'll approve the consent agenda. Second. Got a motion and a second. All those in favor please say I. I. Opposed like sign. Motion pass 50 on P-55. We will go back to P53 and take public comment on P53. Yeah. Nancy Hazelwood. Nancy Hayeswood 34110 a nice place. I um apologize and to Mr. hobby too for pulling it off. But to me, it was very important to say that this is something that's being done right in the northeast area. Going from agg to estate residential 2 is something that's great for us and we hope that this continues to be done in this way. It is a bit on the high end, but that's great. It's kind of in a transition area. Thank you all so much for your courtesy. Okay. Thank you for your comments. And Miss Costa, Elma Most name and their address. Yes. My name is Elma Cen. I live at 16995 Spring Valley Road and I have property that's adjacent to this as well and I definitely approved this subdivision. 2 and a half acres are wonderful. And northeast Pasco we I've been working on this since Sylvia Young was the county commissioner. That's a long time to turn to go to all these meetings, you know, and I am trying to protect this area and I think this whole northeast Paso should be 2 and 1/2 acres or greater uh because this is a rural area and that's what we want. We want it savorable. And most of the new coming people are from Tampa because they want to get away from the congestion, the box homes, and they want the freedom to have more land with their homes and they want to have horses or cattle or whatever. Even two and a half acres, I've seen them have cattle on it. So, I definitely think that this is a good plan and all northeast Pasco should be 2 and 12 acres or greater. Thank you. Thank you for your comments, Mr. Chairman. Yes. Um I did in in looking at the um restrictions, I did see there is a preservation rightaway being um put in here for Blandon. Is that correct? Um, I just want to remind everyone of the time and expense we went to to have I think it was Acom uh do a um plan for the that area for bike trail for bike routes and that Blandon is probably the number one road that we use for cycle tourism out there and um make sure that we're preserving enough width to be able to put one day those safety shoulders on some some of those routes out there so that cars and trucks can pass each other safely along with the cyclist because

festival and auction at Sunwest Park. This is benefits our seniors, benefits, cares. Uh, there's going to be live bands, fireworks, foods, crafts, and draft. It starts Saturday at 10:00 a.m. October 16th to dusk and then Sunday, October 17th from 10:00 to 5:00. All the money is going to go to the CARES. Okay. Thank you. All right. Thank you. Uh the only thing I have I want to remind everybody that uh on October 15th through October 17th the southbound lanes on I75 will be closed from the 15th through the 16th going to going to the to the south and then on the October 16th and October 17th the lanes going north will be closed. So, I suggest you don't try to travel the interstate right in between 52 and 54. To clarify though, that's from 900 p.m. to 9. Yeah. 9:00 p.m. to to 9 what is it? 9 a.m. Yeah. So, but those will be closed. So, they're actually moving forward with the overpass intersection and placing some of those beams and all across the interstate during that time. So was that I have one thing. Okay. Um well I have two things. Um one is um I was asking my husband uh where the name came for Tower Road and now that you say there's a Tower Drive. Yeah. Um he said that that is an old name and to um because there were some towers on it that are I don't think no longer there. So, I kind of want to start stop referring to Tower Road as Tower Road and let's call it the Ra the Range Land, which is the road that it is now that goes through Starky. Um, I quit calling it tower and especially if there's a tower road. So, I want to bring that up for our discussion. And also, um, I had lunch with the chair of the school board today and they, um, would like to have the census data. I had no idea we never sent them the census data. And apparently um yeah, so they they called and tried to get it from the state. The state says they send it to the county and um and in and so the county has to send it to the school district. So they have not seen what it looks like. Um, also with the in regards to the school board member number four, um, they're going to take once they get the numbers, they're going to take a look and see if they want to make a recommendation that we modify our map to drop down in Arista to Panic. Takes out on, you know, on that side of the street 50 houses or something, but it makes the maps the same. Okay. And I, you know, I'm I think it's not optimum to have this two commissioners in one neighborhood um because that would be commission district 4 with some of the houses. But if if there's some compelling reason that that it's easier in in any process to have say maps, that's a very easy little fix.

It takes a heartburn away. Let it go. Yeah. So, um, so anyway, once they get the data, they're going to look at it and and give us recommendation before our next meeting. Yeah, Mr. B. So, to be clear, we downloaded that data from the US Census Bureau's public data site. Oh, they thought that you got it from It was available to the public the same day we downloaded it. So, they may not know that. We're going to give them our share of our shape files. The GIS GIS integration, we'll give them that. Okay. with our lines as as y'all had earlier and so okay. All right. But anyway, I think that would either way what whatever works best. Anything else? I had some but I can't remember what it was. So Oh, we'll sound that quick. So, okay. Uh thank you for all the staff, all that you do. We appreciate it. We know you're busy. Keep up the good work and uh we see you next week. Bye. [Music]