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Pasco County Civic Records

Board of County Commissioners · Afternoon Session

11.17.2020 Pasco Board of County Commissioners Hybrid Virtual Meeting (Afternoon Session)

Tue, Nov 17, 2020

The board adopted a large-scale comprehensive plan amendment converting 65 acres along State Road 54 to Planned Development for Trinity Corporate Center and approved an ordinance giving the county discretion to waive second appraisals on real property purchases exceeding $500,000. Commissioners unanimously approved a 162-unit single-family MPUD rezoning by New Strategy Holdings on 36.7 acres in northwest Pasco despite neighbor concerns about wildlife and traffic. A paving assessment for Cool Drive and Kyle Drive in the Zephyrhills area was approved at roughly $263,500, and two additional paving assessments totaling more than $635,000 cleared the consent agenda.

Agenda15 items

  1. 0:20
    P86Adoption of large-scale comprehensive plan amendment for Trinity Corporate Centerpublic hearing
    5-0approvedread ↓
  2. 2:52
    P87First reading of Land Development Code Amendment 45 with board discussionpublic hearing
    discussedread ↓
  3. 21:30
    P88Ordinance clarifying county appraisal requirements for real property acquisitionsordinance
    5-0approvedread ↓
  4. 25:26
    County attorney reads rezoning procedures for consent and regular agendaadministrative
  5. 28:10
    P89Continuance of Chelsea Acquisition LLC rezoning to January 2021public hearing
    tabledread ↓
  6. 29:22
    P90Continuance of Adventist Health Systems conditional use to January 2021public hearing
    tabledread ↓
  7. 30:00
    P92Pasco Service Corporation rezoning from I1 to C2 general commercialpublic hearing
    approvedread ↓
  8. 30:40
    P93Sierra Farms Inc conditional use for public auction in C2 districtpublic hearing
    approvedread ↓
  9. 31:10
    P94Zephyr Egg Company funding agreement for SR 56 construction segmentother
    approvedread ↓
  10. 32:10
    P96Metal Point Unit 3 paving assessment number two approvalconsent
    approvedread ↓
  11. 32:50
    P97Covington Road East paving assessment 3336 approvalconsent
    approvedread ↓
  12. 33:40
    Consent agenda approved for P92, P93, P94, P96, P97consent
    5-0approvedread ↓
  13. 35:10
    P98Charles Tucker rezoning from R1 to AR-1 agricultural residential with deed restrictionpublic hearing
    approvedread ↓
  14. 51:50
    P91Rezoning from AR to MPUD for 162-unit single-family subdivision in northwest Pascopublic hearing
    discussedread ↓
  15. 1:26:00
    P95Cool Drive and Kyle Drive paving assessment 3315 in Zephyr Hillspublic hearing
    discussedread ↓

Transcript41 paragraphs(3,218 cues)

0:20

good afternoon everybody would like to call back to or the possible county border county commission meeting for november 17th 2020. remember everybody please sign your electronic devices and mutual microphones i'm going to move on to public hearings starting with p 86 madam clerk do we have proof for item p86 yes chairman item p86 was published in the tampa bay times on october 28 2020. thank you hi ms hernandez denise hernandez planning and development good afternoon commissioners mr chairman uh this item is uh the adoption hearing on this item so today we're going to ask you to adopt the large-scale comprehensive plan amendment i'm going to read the item title an ordinance amending the pasco county comprehensive plan providing for a large-scale comprehensive plan amendment to future land use maps map 2-15 and cheap sheet 19 changing from il industrial light to pd planned development on approximately 65 acres a real property located on the south side of state road 54 north of trinity boulevard at the intersection of corporate center drive and the tech's amendment created sub-area policy 7.1.55 trinity corporate center and a map amendment to a future land use map 2-9 adding sub-area map 2-9 parens 55 trinity corporate center providing for repeal or severability and an effective date again this is the adoption hearing so we ask that you adopt the comprehensive plan amendment thank you any questions so far let's see none do we have anybody signed up for public comment your webex emails yes we do we do have um for webex we have three people that are in the queue first person is jenna moran okay um good afternoon and name and address they're signed up for p91 not p86 i'm so sorry that is correct okay do we have anybody signed up for p86 or anybody at the kiosk for 86 86 kiosk [Music] my commission oakley a second by commissioner mariano this is an ordinance so roll call district one i'm sorry district one commissioner oakley aye district three commissioner starkey aye district four commissioner fitzpatrick aye district five commissioner mariano aye district two chairman moore aye much past five zero thank you p87 87 was published in the tampa bay times on october 21st 2020. denise hernandez planning and development on this item this is the first reading of land development code amendment 45 so i'm going to read the um the item title and uh today there's no action required just please take public comment on this item so this is an ordinance by the pasco county board of county commissioners amending the pasco county land development code chapter 300

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procedures table 303-5 required public hearings for development approval applications table 304-1 required public notice for development approval applications section 305 neighborhood meeting section 306 neighborhood notice chapter 400 permit types in applications section 402.3 conditional uses section 402.4 special exceptions section 402.5 miscellaneous uses creating new section 402.5 point d administrative use permits for the sale of alcoholic beverages section 406.5.0 right-of-way use permits bond requirements chapter 500 zoning section 503 ac agricultural district section 511 rmh mobile home district section 517 r4 high density residential district section 522 master plan unit development district section 521 c one neighborhood commercial district section 526 c2 general commercial district section 528 i1 light industrial park district section 529 i2 general induction industrial park district section 530 supplemental regulations striking and reserving section 530.14 applicability of this code to the sale of alcoholic beverages section 530.15 fraternal lodges and social and recreational clubs chapter 700 subdivision planning standards chapter 900 development standards section 901.1 transportation corridor station section 901.2 transportation corridor management section 902 5.2 landscaping and buffering chapter 1000 miscellaneous structural regulations section 1003 gates fences and walls chapter 1100 special development standards section 1101 vehicle dealerships section 1102 large scale commercial design standards section 1105 self storage facilities design standards section 1200 nonconformities 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 so i'm going to go over the general highlights um of this item this item i do want to say that it was presented to if someone can bring up the powerpoint i'm sorry it was presented to the horizontal round table and interested parties meeting in their in their october meeting it also went to a local planning agency and it was found consistent with the comprehensive plan and recommended approval to the board of county commissioners major highlights are the sale of alcoholic beverages moves from conditional use required to permitted principal use for properties that are zone c 1 c 2 c 3 and i 1 which is something that the board of county commissioners has been asking us to do for quite some time now subject to the issuance of administrative use permit for the sale of alcoholic beverages there's a creation of section 402.5 point d which is the administrative use permit for the sale of alcoholic beverages so all alcoholic beverage uh standards go into 402.5 point d they're moved from um sparse through um spread throughout the land development code and then 530.14 into 402.5 point d wavers of the

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specific distance of a thousand feet from a place of religious worship a county park and or a pre-through cape pre-k through 12 grade public or private school are decided by the planning commission so those those will no longer come to the board of county commissioners those go to the planning commission um also registration requirements for mobile food operations are removed uh with the 2020 legislative session those were preempted to the state so the county could not come require registration so that was changed maintenance guarantee was moved from one year to 36 months for right-of-way bond requirements that's current practice another highlight is allowance of a setback reduction to no less than five feet for r4 high density residential district subdivisions what you're going to see with that is that some people are opting to do mpuds where they are providing r4 lots which is 60 by 100 6 000 square foot lots but for the fact that they have to meet a seven and a half foot side setback there are provisions in the land development code 90902.2k2b that provide uh requirements for drainage and um so that we made that change uh latin area setbacks for fraternal lodges and social and recreational clubs proposed in po2 c1 c2 um and areas with those designations with an mpud don't have to meet the minimum 20 thousand uh square foot lot area we're finding that those are being placed within um strip centers so it doesn't make sense to have to meet a twenty thousand square foot minimum lot area in commercial and professional office districts when the lot lot areas for those districts are smaller than 20 000 square feet additionally there's this 50-foot setback requirement for our property lines in commercial districts and office districts makes no sense so it does make sense when they go for conditional use in agricultural districts doesn't make sense in commercial districts so we're making those changes and then uh the last highlight is that 1101 vehicle dealerships uh we're striking that statement that states that locations that cannot meet the 75-foot buffer cannot be used so basically by having that statement it doesn't allow anyone to do an alternative standard or a variance it's basically um now it this opens it up for the allowance of an alternative standard to reduce uh the setback or that buffer area of 75 feet so if you have any questions i'm here to answer the questions and uh again it's um please um accept public comment today on this item and the um the actual adoption is on december 8th at 1 30 in newport richie yes commissioner okay oh yes sorry he called on me yeah i know oh i'm sorry

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you're fine okay so um chapter 900 development standards landscape and buffering vehicle use you area and landscaping so this adds can you tell me what the change is yeah absolutely so the changes that uh currently throughout that section the land development code they it uses and or except that that section only uses the word and so we're just adding or to it so that they don't have to do all those things they could do or you mean it's just a tree or ground cover right but those are just for the landscape areas so the the vehicle vehicle use areas this is not the perimeter this is the vehicle use areas inside of the parcel but we're saying grass is okay yeah so it's ore no shade so it could be and or so like the rest of the code says and or except that this section doesn't say that's because we i don't know why we would just have grass that doesn't do anything for aesthetic qualities because what they're not going to put anything but grass we can we can strike that change yeah commissioner yeah um i could see um i mean we palm trees are allowed right yes it's just uh trees so um i could see maybe not wanting to put an oak tree inside your parking lot yeah you don't want that stuff going on the cars whatever but i think palm trees are fine and they break up that yeah these are the terminal islands you know at the terminal so i mean you look at i'm sorry mr kia but you look at that kia parking lot and that's not a pretty thing and newport richie's really having a problem with trying to make some changes there so i think we just um i think there has to be something and palm trees will fit the bill without birds don't go in palm trees and they don't drop stuff i mean no unless you're using the kind that royal palms which none of them would use um okay my next question uh chapter 900 development standards section 905.2 point d point two a whatever um clarifies that one tree is required for lots that are six thousand square feet or in lot areas or less yeah so i'm thinking of the preserve yeah so in this country in this case a lot so here's the here's the problem and maybe i need to just clarify that right now the table says less than 6 000 square feet so it doesn't tell you what you need for a 6 thousand square foot lot so we're just changing the language six thousand and less okay so uh but does it require a tree in the front one one tree on the on the piece of property so i have a problem with that because people put a tree in the back and then a few months later it's gone

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um and if you if you drive down some of these neighborhoods that have no trees they look ghetto i'm sorry i tried to think of softer word but um i think we need to require a tree in the front okay so um just th this is just a um this is a glitch this this part here i believe that our team is working on the landscape ordinance and i would uh sit um have them meet with you to discuss the changes that they're being proposed and so you could discuss that this is just a glitch that we're bringing forward so right now it doesn't tell us how many trees are required for a 6 000 square foot lot so we're just including 6 000 and less not less than 6 000 all right it's just just a glitch during this time and when we're working on the next fix i encourage you to take a look and drive down neighborhoods that have no tree requirements and go through the ones that do and notice the difference in the values of the homes in the different neighborhoods um okay then um on the um car dealerships with the 75 foot yes so um i'm in i'm in favor of that because that that that 75 foot was put in place when the car dealerships were coming in in wesley chapel yes and no there were existing neighborhoods and they didn't want the sound and the light and i was on the ordinance review committee when we were working on this um but we do need to require some kind of um opacity right and that's part of the of that change that's being done to the landscape ordinance that is being worked on with a um with a team right now including the landscape arc architects and arborists and we can provide a primer for that one of my beefs about our used car lots that are popping up overnight is the amount of cars that are parked on a small site um and so we're not fixing that in here we're not and when are we fixing that and how are we fixing that um we can discuss fixing that but we're not fixing that um nor do i know that we have any plans in fixing that right now terry i and i i'm gonna try and give you a video of one i took of uh uh one in um holiday but are you not working on that somewhere can you repeat the question commissioner some of these used car lots most most of whom are not permitted uses where they are have um

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more cars in them than parking spaces and they're parking them in the driveways and in the open space and there's no place for a customer to park they're also repairing them outside in the vehicle spaces outside so isn't there some kind of standard that uh like a car dealership should have x amount of space and x amount of cars per lot and well i think the answer is um the answer belongs to the question are they following their site plan is there is their site programmed to do the work that they're doing um and if they're over parked that means they're not following the available parking spaces that are planned for that site so it's a one might consider it a site plan violation at that point so um but there's already code in place that requires new development or any development really to have a site plan approved yeah and so here's my beef again who enforces that site plan rule besides commissioner starkey i believe that would be quote your district is getting full of them too um code enforcement unfortunately right i i just think we need to look at some standards and um i don't know how and where we start that dialogue i brought it up here before but i would really like to look at some standards because i get so many complaints about what's going on and it's not fair to the car dealerships who are following the big ones that are following the rules and these fly-by-night ones come in and they've been up this gigi's been operating for a couple years now and it's totally denigrated the neighborhood so the issue is you know a site planning issue one of capacity for the parking lot the parking lot is going to be programmed for x amount of parking spaces and if they're putting more cars whether it's inventory or not inventory parking if they're putting too many cars in place then what the parking lot would allow then it's going beyond what the site plan approved or what's available for that property so they're trying to fit too much on it which makes it a site planning violation and i'm gonna send one what's the email that i sent to you to show a video [Music] because uh i think it's different than what it used to be what oh it's jordan okay okay and um other people may have questions but as soon as soon as this downloads i'm going to send

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it up so you can see gigi's auto yes i i think i've seen the video but benefit for everyone else okay well i i hope we can do something i hope others feel the way i do any other questions comments commissioner mariano just a quick question kind of follow up on commissions go ahead terry are we having any trouble with enforcement are we doing enforcement uh commissioner i'm the planning and development director i don't do enforcement that might not be the right one okay but perhaps the actor can speak to it yeah let's um if we could um yeah let's get that either that mic turned up on the podium a little bit or we'll have to pull that mic up a little bit because i don't know how it's resonating at home don't look at the first one i sent you that's just the ground just throw that one out we can hear you find over here uh commissioner moore okay good to hear mariano's question get in the pond terry mentioned the site plans that are out there uh that have certain rules or requirements to what they're allowed to put cars in commissioner stark is asking about doesn't look like they're enforcing it and i'm just asking how he having his enforcement issues are we enforcing the code or not enforcing the code on this a commissioner um mariano we are enforcing the codes to the best of our ability and one of the things that also is important to note is we do have some of these dealerships that have been grandfathered in they were there prior to codes going into place but if there's a specific one commissioner starker that you're interested in i did take a tour with the team to look at some of those and those that we can do something we've been in touch with them and as you know for the past few months we've been on the whole hiatus with issuing citations but we're we've um now got approval from uh the county attorney's office to go on and and do it and i will again go out with staff and look at any specific ones that come up and do the research to see if it's grandfathered in or if it's one that we need to take to the next level of enforcement okay thank you commissioner fitzpatrick commissioner oakley do you think no okay all right i sent i sent the video i hope that you can get it oh we will give a video it's gonna take us a couple minutes to set it up okay thank you okay any other questions in the meantime no there's no action that needs to be taken today but i do need to when i go ahead with public comment until there's any public comment while we're waiting for the video to load is there anybody at the on webex or is there any emails

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in reference to this item no one is at the webex or this item anybody has a kiosk in reference to this item in particular no one is at the kiosk all right thank you that's a beautiful day at the same time isn't it commissioner the video you sent commissioner is only playing uh like a two second snippet of sound okay now that the first one is not the right one it's the second one i don't care about the sound i just care about what you can see so from the second video if you could load that understood still waiting for it to come through thank you but it is a beautiful day out isn't it skies are blue nice and cool out today feels like winter here in florida instead of having hurricanes well i'm okay if we want to move forward with this um and when when the video there's no action to be taken yeah we can we can wait a second he's loading it now commissioner okay i'm sorry stupid question what's map it says use mail drop so how do i use milk files to large that is correct the file is too large to be sent okay okay all right great so mrs hernandez let's move on to uh p 88 please mp 88 was published in the tampa bay times on november 1st 2020. thank you good afternoon commissioners nikki spiertos county attorney's office this ordinance amending chapter 2 article 4 division 2 of the pasco county code of ordinances creating section 2-134 relating to the acquisition of real property and appraisals commissioners this ordinance provides clarification of the law by recognizing the county's right to opt out of the public records exemption by not obtaining a second appraisal for purchases in excess of five hundred thousand dollars it also allows the county to um use its discretion and not obtaining an appraisal any questions comments questions questions seeing none um we'll take public comment at this time is there anybody signed up via webex or do we have any emails to be written to the record i have a question can i just let me continue on with this part right now since i already called for web x4 88 or emails anyway the kiosk no one is that the kiosk commissioner starkey i just and what what in what instances do we not care if we get an appraisal or not what what qualifies for uh no appraisal purchase so sometimes we'll have a number of appraisals in a certain neighborhood for eminent domain for example advanced acquisition and then we will seek to acquire an additional parcel

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from a nearby similarly situated property and we already have the expertise um concerning the value of the properties in that area at that time and we can save months of time and thousands of dollars in those situations okay just wanted that clarified yeah mr chairman commissioner mariana you know i was okay with it till you just said that um so we can take the amount from a hundred thousand to five hundred thousand and the amount of those easements i would think would be most of them would be under 100 anyway wouldn't they i'm not sure i understand the question sir most most of the transactions for an easement are that are similar in an area that those would be smaller amounts of money generally speaking correct when it comes to easements are you talking about eminent domain or otherwise i'm sorry okay so yes when it comes to acquiring easements they're generally lower in value yes sir all right so how i'm trying to think of how important this is to go from 100 to 500 sounds like a huge jump and i'm not sure if it so typically we don't have uh purchases of that amount unless it's fee simple acquisition so for a fee simple acquisition where the contract is 500 000 or more if we elect to keep an appraisal confidential which we wouldn't do for eminent domain okay um the law requires us to obtain a second appraisal but most of the time when we do obtain appraisals we do share them with the seller so there's no need to incur the additional cost in order to exercise that exemption option okay move approval back up i have a motion in a second um this is a roll call vote madam clerk please call the roll district one commissioner oakley aye victory commissioner starkey aye district 4 commissioner fitzpatrick aye district 5 commissioner mariano aye district 2 chairman moore aye motion passes 5-0 thank you good afternoon okay moving on now we proceed with the procedures for rezoning special county attorney please review the procedures for rezonings be happy to mr chairman there are two rezoning 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 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

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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 law in florida's 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 thank you mr schneiderlin today we have seven public hearings to the consent agenda these aren't as we approve of one vote without a presentation unless there is someone hearing objection um let's go ahead and and read proof for all of them if we could madam get out of the way okay item p89 was published in the tampa bay times on october 21st 2020 item p90 was published in the tampa bay times on october 21st 2020 item p 91 was published in the template times on october 9 october 14 2020. item p92 was published in the tampa times on october 21st 2020 item p 93 was published in the tampa times on october 21st 2020 item p94 was published in the tampa bay times on september 30th 2020 item p95 was published in the tampa bay times on october 7th 2020 item p 96 was published in the tampa bay times on october 7th 2020. item t-97 was published in the tip of a times on october 7th 2020 and item p 98 was published in the template times on october 21st 2020. all right thank you madam clerk and we also um if you're pre-registered to speak or if you're at the kiosk i will need you to be sworn in so at this time let's go ahead and swirl everybody in for all items so do the kiosk please rise raise your right hand if you're at home do the same madam clerk do you swear or affirm the testimony or you are about to give is the truth so help you god sure you all said i right okay okay miss hernandez it is your show thank you denise hernandez planning on development p89 is pd217503 in the name of chelsea acquisition llc chelsea acquisition two llc it's a change in zoning from an r4 high density residential district and c1 neighborhood commercial district to an mf2 multiple family medium density high deficit high

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density district rather the applicant has requested a contingency january 26 2021 bcc meeting at 1 30 in newport richie take that motion uh move to continue second all in favor aye all post same side motion passes thank you p90 is pd21 cu08 conditional use adventist health systems sunbelt health corporation a multiple family dwellings and a c2 conditional use the applicant has requested a continuance to the january 12 2021 bcc meeting at 1 30 in dade city entertain a motion move from continuous second on favor hi i hope positive side motion passes it's continued the following item is p91 i believe that you may have some folks who are on webex so i believe we're removing that from consent okay let's just confirm that we have we do have people on webex or at the kiosk okay we're going to go ahead and pull p90 once move to p92 pd21 pdd217502 it's a zoning amendment first pasco service corporation changing zoning from an i1 light industrial park district to a c2 general commercial district this comes through with a recommendation of approval from the planning and development department in the planning commission anybody signed up um via webex um email or at the kiosk and reference to p92 that would like to speak then clark can be uh okay anybody at the kiosk no one is at the kiosk you leave on consent p93 please pdd21cu007 this is a conditional use in the name of sierra farms inc royal auction group for a public auction in a c2 general commercial district uh comes to you with a recommendation of approval with conditions as included in your agenda packet from the planning and development department and the planning commission excellent anybody signed up via webex or is there an email an objection anybody the kiosk that wants to object to this item no one is at the kiosk leave on consent p94 pd210020 this is zephyr egg company funding agreement it's an amendment to funding agreement between pasco county and zephyr egg company a florida corporation for the construction of a portion of a 6.13 mile segment of state road 56 from meadow point boulevard to us 301 and we're recommending that you approve the funding agreement give me a webex in emails mr chairman just for purpose of the record you were given a page uh which would should be entered into the record for p94 a page to be entered to the record yeah okay oh that's the one cost estimates just want to make sure that that gets into the record okay so p94 for the record amount of clerk we put that in the record there are some corrections all right thank you sir

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uh p95 p95 i believe there are some folks at the kiosk and on webex on this one okay so let's just confirm that there's okay we're going to pull p95 as well p96 96 is pw21005 metal point unit 3 paving assessment number two four it's four hundred fourteen thousand six hundred and twenty two dollars and the recommendation is approval anybody um on webex an email in in the objection of this item how about the kiosk and you don't hear anybody there for p96 no one is at the kiosk all right leave on consent and p97 please pw210021 it's covington road east paving assessment three three three six it's for two hundred and twenty thousand six hundred and eighty three dollars and the recommendation is approval anybody on webex emails anybody at the kiosk speaking of objections no one is at the kiosk leave on consent i will entertain a motion to approve the consent agenda minus p91 and p95 chairman i believe commissioner fitzgerald has a question about the interest rates on p96 and p97 that probably can be handled i think we can paint with that without pulling it that's okay okay um so mr caldwell you come up p96 p97 question from commence commissioner fitzpatrick is what are the interest rates the the interest in the call the public works the interest rate that was noticed that's another notice was at five percent so we're required to carry that forward um there's been discussions about uh maybe with a lower interest rate at a time when the final rule is being presented to the board we can request that the board make a determination if the board chooses to lower it and i think the the question really was this morning we adopted an interest rate of 3.25 these are both showing at five because this was noticed when that yes these are notices before right but but projects that are noticed after today will be at 3.25 percent so the board still has the option of lowering this interest rate at today's meeting or at the final roll yes it's staff's recommendation that it be done at the final roll yes sir okay commissioners answer your questions good okay thank you all righty i entertain a motion then move approval consent agenda motion by commission mariana second commissioner oakley all in favor aye aye aye all opposed same side motion passes thank

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you let's go back to p91 miss hernandez okay um is it okay could we do p98 there's actually no one here to object on the item only the applicants are there at the kiosk today i'm on p1 98. okay so there was nobody there there's actually no one here to object only the applicants are sitting at are standing at the kiosk at the moment and we have no one on webex okay so well okay well we can do p98 so i since we're gonna do p98 though because that was not part of the consent um i do have a question on p90x but um why don't you go ahead and perfect read it out absolutely did we do that i did the proof already thank you so much pdd217501 this is a zoning amendment in the name of charles gilbert tucker for a change in zoning from r1 rural density residential district to an ar-1 agricultural residential district and this comes to you with a recommendation of approval from the planning commission and the planning and development department and as i stated the applicants are at the kiosk but i'm here to answer any questions on the item great so i i do have a question and i didn't know we were going to get to that now so oh sorry that's no no you're fine just give me one second then we need to get to that item so at the planning commission i know there were some objections um i guess not here today one of the planning commissioners um because of some of the objections and the concerns of this of the citizens had brought up the possibility of a deed restriction to only allow pine trees to be built on that property if i'm not correct do i have that correct that's that's accurate i think it was pine and uh and our orange trees okay and i guess limited orange trees if that's limited yes okay um because they had some concerns about the possibility of it being a full blown ag operation within a residential area i.e fears that there could be maybe chicken farms i mean that as an example because that was an example brought up there if i'm not correct um high high um i guess use ag operation when my understanding is and from reviewing the planning commission notes um and videos that that's not the intent of the use of this property correct that's that's correct based on what the applicants have stated and provided yes okay so just because you know really kind of on behalf of the citizens um since you know let me back up a little bit more it seemed to me during the planning commission meeting that the

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and i guess oh the deed restriction that was suggested i think maybe just kind of people weren't getting it on the planning commission maybe until later they possibly realized that i might have just kind of maybe they didn't realize what it was being asked possibly right so i think that that the question um and i'm sure david goldstein is is on as well but i believe the question that was asked is could they plant pines or could they plant orange trees under their current zoning and the answer to that was yes they could plant it under their current zoning um and and again the applicant is here so i don't want to speak for the applicant but my understanding for the applicant is that one of the applicant's children is doing 4-h programs and that um his desire is to obtain an agricultural exemption over the property and he can only do it if it's zoned agriculturally and currently it's owned as a rural density residential district but they were okay with the eppley was okay with having that deep restriction at the planning commission meeting let's ask the applicant but i i believe yes that the applicant was okay let me go let's go ahead to the applicant and if if you don't mind coming on board um and if you could answer that question yes sir my name is charles tucker hi so the ques i guess the question was that um at the planning commission meeting one of the planning commissioners had mentioned um some i guess some of the concerns of of the residents um thinking it could be possibly a full-blown ag operation wherein since it's been it's it's not an intense use i guess you could say um but your intent intentions are probably like pine trees maybe some citrus trees things like that right uh i don't have the land for starters to do any kind of commercial there whatsoever there's not land permitting to do anything like that with this deed restriction and talking with the county attorney stepped in during that planning commission meeting and with such a deep restriction like that there if i planted when i plant pine trees and i had some citrus trees there and you say that i agreed to a deep restriction of no citrus trees or whatever or i couldn't sell no citrus from there if i sold one pine tree which there's nothing wrong with selling the pine trees i would be against that deed restriction that i'm agreeing to and i couldn't sell you i see what you're saying yes sir i understand okay okay attorneys saying that wouldn't work that wouldn't work and that's when um i think a motion was probably for them to go ahead and vote and send it to y'all on the uh just a hole under ar1 yeah okay david can you thank you sir stay with me one second david can you

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you mind jumping on right away i think he agreed to pine trees and other non-commercial farming operations that's what he agreed to upon a commission okay so that wouldn't have any negative impact for what he's looking to do i don't believe so based on the description of what he wanted to do he wanted to do pine tree he wants to sell pine trees and he also wants to do other non-commercial farming is that right i'm asking the applicant yeah sure okay keep in mind by the time the iron the pine trees are big enough to to be sold for anything paper even oh as you were talking 30 40 years down the road right right yeah yes i understand so i think i think the applicant was willing to agree to a restriction that it would only be pine trees and other non-commercial farming but the planning commission member who made the motion did not include that as part of his motion that was the confusion of planning commission are you still there we lost audio with you yeah i'm still here i think we lost audio with the boardroom yeah not sure what happened there sir while we're waiting did i it's pine trees and other non-commercial farming right yes sir okay just wanted to make sure thank you and if i could i'd like to elaborate just a little bit on my knowledge of and uh information on protecting our water and our wetlands and uh you know so sorry you probably should wait till we get the boardroom back online so just hold tight for a minute okay yes sir i know see what happens okay you're back all right we're back thank you david can you hear me okay now sir yes i can hear you now you're beautiful all right sorry everybody we're back online now technology 101. david go ahead so um i don't know where we left off but the applicant has has confirmed while we were muted there for a second that he isn't he is in agreement with a deed restriction that would limit the property to pine trees and other non-commercial farming operations but he wants to make a presentation to you on on what he plans to do there well yeah we'd love to see it thank you sir thanks david no problem okay sir we'd love to see your presentation thank you you can go ahead and start right well uh back in uh

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we were in the citrus business for over 60 years my grandfather and i'm a third generation census grower and all their atlanta lakes and all but back in 96 working with the usda and university of florida and the extension office along with the extension office here in pasco county uh in ordered for a presentation with working with the 1996 farm bill this is a picture of our grove and my dad dealing by a lake and then we made a video unfortunately is back on in vhs so i have no way of doing the video but it was work it was in connection with the farm bill of making buffers to keeping the working between keeping the nutrients from the fertilizers and the herbicides and any spray pesticides like that that were in the grove away from any natural resources of water and lakes and ponds and we in this picture and all like that there you can see how we have a buffer zone around on the back side is our grove back here and you can see how much that we have between there and not allowing that to happen so i your concerns are mine just to let you know of my information and knowledge of how how important that is i i i understand and do and i practice that all the time i have no desire to go back into the commercial business like we were then but i do have this knowledge of keeping anything away from any water or wetlands and that's pretty much everything that borders the backside of my property okay excellent thank you oakley commissioner you probably know a little bit about the citrus business don't you sir just a little bit right great well thank okay so do we have any other questions for the applicant so you're okay with what mr goldstein said you know this just to obviously make the uh the neighborhood feel you know comfortable um that there's not gonna be a high end you know big commercial operation ag operation you're okay with those deed restrictions that mr goldstein stated yes you're right okay okay great any other questions any questions comments okay so if the board's okay with it i think would just the motion would need to add the deed restriction as david goldstein stated if you guys are okay with it because the applicant's okay with it so if somebody wants to make a motion public comments still yeah yes yes go ahead is there any do we have anybody signed up yeah i mean before a second ago we didn't did anybody come on webex no no one um came on webex for p98 did anybody come to the kiosk in objection is there

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anybody there no one else is at the kiosk okay great all right mr chairman move approval with the deed restriction of limiting pine trees and other non-commercial operations okay second i have a motion in a second all in favor just just for clarification so the the motion is contingent upon the the the approval is contingent upon the applicant recording a deed restriction and providing that to staff and yeah as a as david what david stated what they stated they agree on correct and typically the zoning will not take effect until such time as that data restriction is recorded with the county and provided to the planning and development department which is part of the typical deed restriction okay you always go with that okay all right all in favor aye aye all opposed same sign motion passes thank you all have a great day okay we're not done you got p91 no no i'm not saying have a great day as in we're leaving okay i was i was telling the applicant and his family to have a great day as they walked okay oh is that todd that's so funny thank you todd uh p91 um that was pulled so we'll do have our presentation and then go to questions from the board and then public comment if i could please have the powerpoint though that's funny excellent jessica kohl the planning development department thank you commissioners chairman proposed as a rezoning petition petition number 7496 for a rezoning from ar agricultural residential district to mpud master plan unit development district for a maximum development of 162 single-family detached dwelling units on approximately 36.7 acres next slide presented here is the ariel showing the project's location within northwest pasco county next slide here reflects the current zoning of the subject property and its surrounding area next slide the current future land use for the subject site and the surrounding area is presented here next slide this is the master plan associated with this npud that the applicant is proposing next slide on august 4th 2020 the board of county commissioners adopted a large-scale comprehensive plan amendment changing the future land use from res 3 to res 6. however this development was capped at a maximum of 4.61 dwelling units per developable acre the subject's site is in the north market area outside of a rural area outside of the

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urban expansion area or the service area urban service area and is currently unimproved in accordance with ldc 303.6c modifications to submittal requirements are allowed to be waived and con as approved by the development review manager or the designee i'm sorry the county administrator or the designee of the code the development review manager has agreed to waive an alternative standard submittal in conjunction with submittals for ldc 905.2 point c point 1 point g using existing non-invasive materials for use of perimeter buffers next slide the land development code 402.2 c 8 also allows for variations from this code when reviewed and approved by the planning commission and the board of county commissioners at public hearing for an mpud zoning amendment these variations shall be allowed where the board finds in this specific case that the proposed variations meet or exceed the intent of the land development code the following variations are requested from land development code section 901.6 d11 the continuation of existing street patterns and street access to adjoining properties the applicant is requesting to provide a vehicular interconnection to the east only currently the property to the south is an unimproved right-of-way there are no known deficiencies in the surrounding transportation network and providing the interconnection to the south would not alleviate the existing transportation network of vehicular trips as the adjacent parcels have already been developed they gain access to the existing vehicular network next slide additionally is requested relief a variation from ldc 905.2 point d5 perimeter landscape and buffering requirements these requirements would actually be triggered by this rezoning approval in accordance with table table 905.2 d in the land development code the use or the zoning district whichever is more restrictive would apply these being agriculturally zoned parcels now with the rezoning of the impede this would trigger a landscape requirement to the east of this project as the intensities are not greater by a large amount with the three dwelling units per developable acre and the surrounding area and the 4.61 approved with the large-scale comprehensive plan staff does not feel that this is a requirement that would need a full 10-foot type a landscape buffer to be established upon the approval of this mpud the intent and purpose of the perimeter buffering and screening is to provide an aesthetically pleasing environment between between the separation of uses

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and intensities the applicant has agreed to establish a two foot wide area and propose erecting a six foot high fence at time of site plan review in order to buffer any perceived intensity differences to the parcel to the east this will not affect the other remaining landscape buffers that will be required on the west and the north of the parcel next slide this item was heard at october 22 2020 planning commission hearing and was heard on the consent agenda and comes to you with a recommendation of approval it has been identified that this is consistent with our land development code and our comprehensive plan thank you so there was no objection at the planning commission no sir questions from the board before i go to public comment i'd like to mention mariana i'd look there for the public first okay myself all right everybody else okay okay great so let's go to webex first was anybody on via webex yes for item p91 we have three individuals that are in the queue okay so the first person is all right miss maureen if you could um state your name and address for the record please ma'am if you can hear us um you have three minutes and we need your name and address for the record please pardon me [Music] ma'am if you would just check either your phone or your computer and see if you have muted yourself okay let's go ahead and just put her on holding her the next person see if she comes back the next person signed up on webex is april wren miss wren can you hear us yes hi um name an address for the record and if you've been sworn i have been sworn and my name is april wren and i live at 13102 rose terrace in hudson um go ahead thank you okay uh we're concerned about this project um i went around to some of my neighbors and none nobody received any kind of information from the county that this was going to happen or that this was going in and i'm concerned about the impacts to the wildlife we have um a lot of gopher turtles which are already endangered on that property um also sandhill cranes um woodpeckers owls um it you know it's a it's a nice piece of property but it does have a lot of wildlife on it that we are very concerned about um i'm also concerned about being rezoned myself i'm in agricultural um zoning right now and with this coming in i just i'm concerned about it and i hadn't had a chance to

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ask any questions so that is one of my concerns i um you know i my family has had this property since 1969 and we are agricultural i um have chickens i have a garden i have a well i can be totally self-sufficient on my little piece of property um so i want to keep it that way um and i also am concerned about with this coming in are we going to be made to move to city water and sewer that is something that we also don't want um i would uh the traffic is or who's on the webex is pam hill hi miss so i'm naming address for the record and if you've been sworn please [Music] can you hear me can you if you can hear us um name and address for the record and if you've been sworn please uh can you hear me [Music] i see you're there hello bottom right and missile okay now we have a connection issue right can you hear me so todd it says on our screen that we have a connection issue but that's on there yeah i i can't communicate with him i can hear you i can't control anything from here over there for over there yes ma'am just one moment we're trying to reestablish connection with the date city one moment ma'am and miss wren if you're still on the line we'll have them get back to you there we go okay can you guys hear us now yeah so i don't know what's going on todd yes sir so we're getting feedback from your side on the microphone okay um so miss wren was cut off so we need to bring her back on first and allow her to finish her comments will do and then we can go on to the next person and then we need to find out if the first person that was not on if they were on and there was a connection issue to give them the opportunity to speak okay miss ren go ahead okay um i just want to say to the board i'm not opposed to change and i'm not opposed to growth um but i am um worried about my community and i do not want my community to turn into the next dade oaks neighborhood um and i'm being told uh that the county is using eminent domain as a reason to force some of the homeowners in my neighborhood um into conforming to the county's plan and um i would just um like to ask for a referendum to be put on the ballot um so that the the people in this neighborhood get to

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vote on on on this project and every other project that that is going to affect us okay well we can't do that but um there's yeah um yeah there's no we wouldn't the county would not use imminent domain um to take property to have it conform to a new type of development that's not a possibility so i'm not sure where that came from but that's just you know to comfort you and that that's that's not even something the county would do okay um okay i think we have miss hill uh miss miss hill can be on the line um name and address for the record and if miss hill's been sworn please hello i've been sworn can you hear me yes ma'am thank you uh i'm pamela hill i live at 13024 rose terrace in hudson and um i just learned about this yesterday someone came and knocked on my door and told me that that this change was taking place and that colony road was going to be widened to four lanes and that they were going to change the zoning in our neighborhood now the map that i saw it didn't look like my street was involved with that rezoning so i'm not exactly sure what the plan is um okay so what we'll do ma'am um we're taking your questions right now and then we're going after all the public comment we will answer those but i can you know i can tell you right now that we're not rezoning we're not re-zoning your neighborhood or as in your house because that's you would have to be the one that would apply for that rezoning for your home um so but we will answer all those questions um after we get down with public comment so i thank you for your comments now we did have another person if she back she is she is back on okay hi miss moran uh if you could do your name and address for the record if you've been sworn please yes i have been can you hear me yes ma'am okay uh my name is gina moran and i live at 13115 rose terrace hudson florida okay please go ahead um i have a lot of similar concerns as some of these other residents and being that most of them and i'm talking the neighborhoods directly related to and across the street from this property a lot of these guys are multi-generational been there forever and they have no idea what's going on none of them were aware of it i did speak with miss cal in the developing department and there are several names that are not on the list that was sent notices and i'm working with her in the residence to make sure that moving forward

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they will be told of what's going on but a lot of these people don't really understand what's taking place except that somebody's trying to move in and build big build big buildings and change these long-standing homesteads that they've had that are in a semi-rural area and with that yes it brings change and again none of us are against any kind of change um we're multi-generational fourth generation living on this property we've seen lots of things happen grow get big you know bring prosperity to our community but we've also seen a lot of downsides with this too and that's a lot of their concerns we have some that have moved to this area because it's nice it's beautiful they don't have problems they are comfortable where they are they feel safe where they are and i think some of the older generations feel that it might be a little bit incringed upon their normal lifestyles and they plan out just don't understand what's happening and what's going on and nobody's had enough time um to research this i i know i've spoken to a handful of neighbors they knew nothing as well as i think miss hill is on there as well she didn't find out until over the weekend um and that seems to be with a lot of them nobody has had time to research to find out what's going on you know they may not be so negative when somebody comes and says you know we want to make things bigger and better and nicer for pasco when all these guys really see is somebody's coming in and and they're going to dig up land and they're going to build big buildings and they're going to make it bigger and and that frightens them i mean and there's so many other things that go along with it with taxes our property values have already plummeted over the last i'd say 10 to 15 years my house is not even worth half of what it was when my husband and i started our family 25 years ago and that's a big concern is what's going to happen when we bring more population in and they start changing these rural areas that these people specifically chose to live in thank you miss moran we appreciate your comments and we're going to answer a lot of the questions that you and the other speakers had um momentarily with staff and the applicant do we have anybody else that's on no not anywhere on webex do we have any emails that need to be written to the record okay do we have anybody at the kiosk to speak to this item no one is at the kiosk what's the kiosk okay so um i guess we'll go to the applicant or we want to go ahead and bring um the team back up to answer some of the questions well the applicant hasn't done a presentation yet we weren't ready because i don't see them on here now do you find do you see them on there no maybe on all right

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they're on they're on the far right okay all right great so um yes applicants are apple clinton's representative um if you'd like to speak down please i'm here this is barbara wilhite can you hear me yes barbara hi how are you oh there my video came on hi good afternoon commissioner barbara will heights 6327 grand boulevard newport to florida three four six five two congratulations to our commissioners who have been uh re-sworn in and our new commissioner fitzpatrick is patrick so um this is our fourth public hearing on this item the comp plan was adopted back in august and is effective and we noticed this matter each time separately for the comp plan and then for the um mpud and so we've had notices out there for quite a while um to answer that question everybody that's contacted my office has immediately got a call back from my client and we had one gentleman that showed up at the first planning commission that lived adjacent to the south and uh his answer questions were answered um and he didn't attend any other meetings so by this because of the conversation we've had the board adopted a very specific complaint a very specific vision in august for this piece of property and for the density and for the use so the comp plan uh so all we're doing is bringing forward the zoning to be consistent with that the um the rose terrorist folks live probably maybe two to three blocks to the west um they are not adjacent to this parcel their property is not part of this rezoning application or the comp plan amendment it only involves the parcel here that we're talking about which is south of fairwinds and east of um colony [Music] we've had wildlife review we did a elicit species survey and as well as staff i always visit the site as well we have a requirement our conditions for a gopher tortoise survey and as well as a relocation permit and final action report if we don't develop within 18 months we also have to go back and do another listed species survey because those are good for 18 months traffic has been reviewed by our traffic engineer as well as your staff i know our traffic engineer is on webex if you have any specific questions that's mike razer i'm just going through some of the other things here um yes colony road is on your plans as a vision road and on your long term transportation plans we widened to four lanes

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um plan on doing single family homes just like the single family homes that are um rose to us i understand those are single family detached homes as well our homes will be in the 200 plus uh range most of the houses uh on most houses in the surrounding area when i reviewed their their property records are under the 200 000 range so when they do comp comps for their houses they will have um comparables on a square foot basis they're much higher than what what um what they're saying for their price per square foot they're not proposing anything other than single family homes just like they have there are no built big buildings proposed you have um no image domain proposed i do have my rest of my team on board i have my project engineer brent stevenson which is somewhere out there in webex land and mike lawrence if you have any other specific questions but we have worked uh closely with staff on this over the last whole year um in setting the comp plan the vision for the property and then making sure the mtv conditions specifically match that those requirements okay so barbara there's no um these are all single family detached there's no apartments there's no towns and no duplexes all single family detached that's correct it's made me happy or no apartments um question commissioner mariana did you have a question for the applicant or for staff no i really wanted a question but i just want to hear from the residents i mean rose terrace is a couple of streets away um right to the south of this property there's a res 6 property that's there that's probably developed close to red's fire probably five units per acre so there's a little bit under that um there's no connection issue i'm not crazy about the two foot area from the fence going across i thought maybe that should be could that could that be a little bit bigger barbara we actually did that to make instead of having a a berman or the like with plants on it we wanted an actual visual screen um and so that's why we put the the fence up um i don't think you're required to do a fence in in that um required buffer but we wanted to do the visual screen and to maintain that visual screen we only need two feet so there's there's no reason to really have more of a separation um maintaining that the specific fence that we've committed to along that adjacency okay thank you

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commissioner starkey um doesn't our land development code require landscaping in front of a fence if it were to require the type a landscape buffer it would not require a fence but it would require trees and shrubs planted in accordance with that type buffer as i noted before this property if developed under the agricultural zoning district as it is now would not require any landscape buffer the trigger that would require that landscape buffer on the east is this mpud rezoning therefore it would then require the type a buffer but what the applicant is proposing is the visual screen to meet the separation intent of the lan development codes buffering and screening section rather than proposing the full 10 foot type a landscape perimeter buffer i understand that but i recall working on this ordinance and we don't allow fences without any kind of greenery in front of them um i'm not familiar with that um the people in planning and development typically don't review the actual fences i don't believe we permit fences they're reviewed on our plans to be in compliance with the height restrictions when we do review landscape plans we do ensure that they are in front of fences the landscaping to protect that visual screening from the outside users so this is protecting this is in the backyards of people's houses it would be to the rear though and it's to the rear of the properties that are already established to the eastern corner this is going to be between the lot the land and barney drive no ma'am it would be between the property boundary and the adjacent parcels that are west of that drive so this fence would be along colony drive i'm i'm confused colony road it would be on the opposite side of the project on the eastern side of the project colony road is on the western side of this project yeah so that is barney drive is okay so the project doesn't go straight to barney i'm sorry there's a strip of lots between this project and barney drive that is not within this project i don't have that map unfortunately i've just we i am pretty sure our code requires that fences be buffered and i'm not saying that it's a nine foot bumper but that i think it's every 20 feet or so requires a tree and then some shrubs is there no one here that the land department might know am i missing something to my knowledge the landscape section of the code does not require trees in front of all fences it is only when the landscape perimeter buffer requires a fence that staff like asks those plantings to be proposed in the

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front of the fence rather than in the inside portion of the fence commissioner starkey i know my client has looked at this issue and uh mike lawrence if he can be recognized or brought up from webex i know he would like to um address this i think is from the sex descending mike lauren he's on sneezed on you hello can you hear me now yeah commissioner starkey i've spent a lot of time with uh terry and going through this whole project uh specifically about the buffering to the south of our property uh the whole thing is going to be a lake and so to the south it's buffered by the lake about 50 feet of roadway and you know all sorts of things to the east i'm sorry to the west there is a normal buffer that you normally see on our property on the west boundary on the north boundary which is uh up against fairwoods drive it is a normal buffer uh we did make a concession on on a special kind of fence that terry thought would be more more beneficial to the area and so we did we made that concession however to the east the particular uh area that we're talking about there being just a fence it's in a wooded area the back of these properties are all uh they're tracks of land and they have a basically a forest in the backyard of their yard of their property there are also trees along the eastern perimeter of our property and so if we decide if we went in and put up anything other than just a fence it would first off i would have to tear down trees to put trees and i would have to widen a gap through this already forested area to to have to do anything other than trees the only people who are going to see this are the people who live and we've tried to do the least amount of tree removal as possible to implement a break from their property and hours that was the purpose of just defense okay and i'm i'm fine with that but did you say you're putting a fence along fair winds we we might yes ma'am i don't it's not mandated but the home builder may decide to do that okay because i believe if there's a fence along fairwinds you have to landscape on the street side of it we're not allowed in our county to put up a fence without putting greenery in front

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of it we do have plans to put up uh bushes and trees we do have plans to do that i i'm not necessarily going to put a fence up along fairwinds if we do put up a fence that particular fence design has been talked to us about uh by terry to approve the kind of fence that he wanted and so that that's all been taken into great consideration all the way around all right and i'm fine with this project and i'm looking at it on um google earth or whatever and it looks like you may have people who are using your property as a four-wheel heaven yes ma'am we do yeah and i'm used to that i haven't been a landowner or a landowner um but i just i just wanted to be sure that we're not erasing the rules on the prem the the landscaping in front of a wall a female not at all and i i actually think this will enhance the neighborhood and when i look over to my left to some of those neighborhoods um even on lake carl i'm like we need to get code enforcement in there because there's some things there that aren't are there that i don't think are supposed to be there so a little attention on this area might help folks who said their property values have gone down well i i see i see multiple looks like multiple derelict vehicles and buildings sitting on residential property that probably aren't supposed to be there so hopefully this will be uh help help the whole neighborhood so thank you very much my questions are answered so mike i need you to for the record to just probably state your name and what company you're from because we couldn't hear that earlier i'm sorry i'm mike lawrence i am a partner in new strategy holdings a company that uh is developing and owns and develop is developing this property okay were you were you sworn in earlier sir yes sir all right thank you for that i appreciate it for the applicant um commissioner mariana and i'm um happy with what i've heard from discussion today as far as defense those lots along barney drive to the back of it is a wooded area it's hard to see from the aerial but i appreciate the clarification i'll move for approval exactly okay so a motion a second can we just there was a few questions just for the resident's sake that i wanted to have answered um because they had mentioned about rezoning their properties and we want to make sure for the record that they understand this is not what's going on here did you want to address them one by one i remember yes if you could yeah i know

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uh one of the issues is that this project would trigger rezonings of other parcels in the surrounding area that is not correct this resulting petition is only for the four parcels that mr lawrence has mentioned that he is in ownership of with his corporation it would not affect any other use or zoning of the adjacent parcels i know there were some concerns about the protected species on site all protected species will be addressed at time of site plan review as ms wilheim mentioned they have already done their preliminary due diligence on the site to reach this stage in the development in this petition and that will subsequently be taken care of in conjunction with our natural resources department and our florida fish and wildlife interlocal agreements with them other than that the utilities issue no one will be forcing anybody to move on to any pasco county utilities although i do believe that this project will bring utilities in line to allow some of the residents to connect if they chose to in the future um i don't know if i'm missing other questions i think those were the main three if not if i can get staff to clarify rose terrace appears to me to be more outside the area that you would be required to notice anyway is that correct without doing a measurement i cannot confirm that i did um do a preliminary search when these issues first arose i did not have any addresses from the people who raised the concerns so i could verify if their address was or was not on the public noticing information that was given however barring that i did not be i was not presented with information i have no way to verify that that was done incorrectly all the information that the applicants represented provided us seems completely in compliance with our procedure section of 300. denise sorry about that if i can add to that as the notice requirements for res 6 would be 500 feet from the project boundary um so if rose terrace is away from is outside of 500 feet from the project boundary then they would not have been noticed terry thank you mr chairman rose terrace is over 900 feet from the project area that's sufficient mr science center yes all right thank you okay with that i have a motion and a second on the floor um all in favor aye aye all opposed same side motion passes thank you okay we're we still have one more folks that was pulled um that was 95 i'm not correct that was p90 that is correct yeah p95 okay great so mr codwell yes sir um is called the public works i have a powerpoint next slide please

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this is item number pw21-004 cool drive and kyle drive us number three three one five there are two streets involved with this project account maintained on pave this may the cost of the project is just about two hundred and sixty three thousand five hundred dollars maximum cost per eru is eight thousand six hundred and twenty three dollars uh the discount amount is sixty-five thousand eight hundred and eighty-four dollars and the maximum cost per eru after the discount is six thousand four hundred and sixty-seven dollars next slide please uh in terms of the number of votes there are 48 possible votes we got 30 back 30 responses which is about 63 percent in terms of the yes vote we had 18 which represents 60 of the votes in favor and 12 which is 40 of the votes which we're against um the annual installation is over 10-year period the interest rate as notice was 5 but you know we'll bring it back when we bring back if this is approved then we bring back to the board for the final uh roll will request 3.25 percent next please uh this is location map fort king is the extreme um on the on the left next slide please yes um just two photographs of the existing road condition these are on paper next please and that's it sir thank you sir any questions before i go to public comment commission mariana just because we're pulling in we're having a separate discussion on it what would keep us from just making that 3.25 motion i think we go back to the last statement he made before was it was their wish to br when we bring it back to go to the 3.25 that's correct i don't know i understand but we wouldn't stay consistent okay probably best yeah make sure it's noted and i'm sure your office will make sure commissioner mariana knows when that's going to come back sure ahead of time let's go ahead and go to public comment um webex you have one person amy bennett is in webex okay hi miss bennett um name and address for the record and if you've been sworn please i have not been sworn that i know what i signed up for webex that was it okay that's okay um so do your name and address for me first and then we'll have you sworn in my name is amy bennett my address is 37118 winton drive zephyr hills florida three three five four one okay and if you just raise your right hand the clerk's gonna swear you in okay good afternoon do you swear or affirm the testimony you're about to give is the truth so help you god yes i do

1:29:11

all right thank you ma'am and uh you may begin your comments okay um this this was all pushed along very fastly my main concerns are um the first one is yes um i've been speaking back and forth with mr caldwell um uh 30 were received back however there were miss deliveries and 18 people was not confirmed and they even received the um the mailings because the certified copies weren't even you know the little papers weren't even mailed back to that mailed back to the office so i am i wanted to go door-to-door but with the covid i don't know my neighbors all around here so i didn't um but my my issue is uh i believe that a lot of people didn't get the original ballots first off um i know that's been a lot of opposition for that to happen around here my other main concern is um my road is winton drive and the the section of cool wood that i'm getting assessed for is actually like about 20 little about a little bit above more than 20 feet below my property line it's like i have a cliff like i have never had access to it we've been here since 83 never had access to it um i use winton drive which leads directly to uh 14. i have no access and i don't think it's also fair besides the weirdness of not people getting knocked in their petitions i also don't agree with me having to pay for a road that's literally inaccessible to me um it's my property is on a hill and this it's a big cliff going down so those are at this point i only get three minutes but i guess that's all i get for now i haven't had time to do research i i was looking for old um commute county commissioners meetings but they only go back to 83 i guess unless i go to the archives from 78 such like that from when the property next door was bought because um sometime around there um when mr classic sold all this area into parcels a long time ago um what i've heard from my neighbor who's been here since the mid 70s said um there was a meeting that the county commissioners got together and said the roads were ever paved then they would pay for it the county would so i haven't had time to have research i haven't had time to do a lot and i think that the the original petition was mismailed people didn't get it that's when we had the first pbas meeting on um i think it was october 21st and we're only like a couple attendees there and and yeah it's it's getting more elaborate i sent you i forwarded the emails to you but um i just don't think it's fair all right thank you ma'am and now we have um nobody else on webex but we have six

1:32:04

people at the kiosk do we have any emails no emails for our p95 okay so if we could bring up the kiosk and uh while we're bringing these people up i just have a question for you so the last um speaker mentioned that she does not have access to that road she has access their secondary access to cool cool wood so she's on wynton and her property extends from winton to coolwood so it's second can you pull the map up and show us i mean i i bring this up because there's been circum instances in the past where we've had residents that do not have access they don't use that access we don't do not use that road yeah um you know and if they're not going to use that road i i do have some questions so the ordinance requires if you have secondary access you'll be assessed at 50 if there's a deed restriction on you're not using access show me your show me uh if we could wear her home um she's on wynton winton run north south you see the pink parcels to the right of the road uh um coolwood that's straight line going north south pink parcels to the north part the top of the the map that's winton okay so i'm gonna let me go forward i can maybe i know commissioner uh oakley knows this area very well um i'm gonna make an assumption that she's going to go out on fort king to go where she's going on a daily basis okay so she has so her access to fort king she would not need to take cool wood drive anywhere for i mean unless he's visiting your neighbor fort king she would come out of wynton turn on kisok down coolwood along kyle and on to fort king there's you're telling me there's no access to from winton drive to fort king from winton drive there's no direct access there you have to [Music] circuit go way to get there so whitton does not when winton is a dead end wynton goes up and bought on kisok you either turn right and kisser can go or you turn left come down on cool wood and go um east and get to fort king okay so winton again so when does not connect to fort king that's correct so there's a blockade there or something mr chairman dude did they do the map wrong because that map is going right to 4k going across there it doesn't there's no right way going through there there's no right are we going through

1:35:26

huh so somehow it's blocked so whitton goes that way you know goes east west and north south and goes east west yeah i'm sorry wynton goes north south kiss up so goes east west so we're looking at the map right now and it shows that it does have access to fort king it's goes east west yeah it doesn't go through there so so google can we do goku earth can we can we do the satellite you have the satellite on there yeah it's in here come here i'm looking at the aerial one you look at the aerial looks like to me that's a dirt road it doesn't look like when there's a private dirt road yeah so it connects from the from our our gis mapper but again it's hard to tell without being out there on the field and seeing what the actual access rates are from the various property owners question okay you know that bro okay i'm lost on this map myself oh that's trees you put that map back up that's just very strange well there has to be something there hey commissioner i think the the issue here is she's got secondary access to a cool win she gets a lesser charge while so she gets a lesser charge it's already a 50 assessment if it was or if there was some kind of access restriction where she could not come in and get access to cool win by building it yeah then i think it would go to the store then she wouldn't have any here it would go to zero there'd be no assessment right uh even i know it sounds like there's a great issue out there but you can overcome great issues if you want to so that's i think historically how we've done those secondary accesses is if there's a some kind of restriction where they don't have legal access then it would go to zero but she still does have legal access to that right away 25 or 50 it's 50 it's 50 percent there's a church out there too no there's a church no there's not a church not including the assessment okay yeah i'm looking at the church that right next to fort king between fort king and um and cool drive right on the map doing an aerial view of it right now there's kyle but there's property between it fairview heights is a dirt road kyle let's go ahead and move forward public comment because i know we have people at the kiosk waiting and if the first person could come up to the kiosk if we could put them on camera there we go hi hi sir um name and address for the record and and um if you've been sworn

1:38:34

my name is daryl durrett i live at 37 151 kyle drive uh i have been sworn in thank you sir okay i just have a couple concerns for the the project uh the coolwood side i don't think you guys are familiar with it but there is quite the canopy of trees in there um uh miss bennett is right there is probably a 20-foot uh ditch that it used to be an old railroad track so it's probably a 20-foot ditch the county does not take very good care of the wood line in there there's probably 30 to 40 dead trees ready to follow now that they just don't cut out for whatever reason i would like to know this project if they're going to take care of all that and get all that cleaned up the water runoff is is quite severe coming down the kyle road section of it we've been there since 76 so i would like to make sure that they have taken all that into consideration because there's a lot of water that comes down that road um those are my main two concerns i am for the paving new crew we've been there a long time so what we'll do is we're going to take all the questions and concerns and we'll answer them all together thank you so much thank you i appreciate you um whoever's next please um hi sir good afternoon i'm evan address for the record i have been sworn in my name is clay correa we bought the first house in that subdivision back 45 years ago well we bought the land and built the house about 45 years ago and at that time we were told by the developer who happens to be a county commissioner at the time that the road would be paved within two years this is you know 45 years later and we're still waiting for it to be failed i would i would like to commend y'all for moving forward on the project to get the road paved and let's please proceed and get it paid because we've been paying taxes on that property for 45 years and we've more than paid enough to pay for it several times plus the cost of maintenance alone you could have paid for it three or four times okay i appreciate everything you do oh thank you sir hey i'm sorry sir can i have your address too please three seven one five one kyle drive okay thank you so much finally cool woods right there and i must say over the years i can remember when there would be holes three feet feet three feet wide in my driveway going up to my property so i would you know so we poured a concrete slab 40 feet long so the water would not run down that way an hour and i would hope that once we all finished the road will be in better shape than it

1:41:26

has been revert back to what it was 45 years ago yeah thank you thank you sir we appreciate it um please hey sir how you doing okay great my name is larry lewis i live at 37 339 northside drive there in zephyr hills florida and i was the petitioner started this year project three years ago i want you to know that uh at the county they had to come in there and spend six months on cool wood and kyle re-surveying all them roads and stuff to bring them up to cove and i appreciate uh mr ainsley and his team i've talked to him personally about this project and uh for the engineering department that came over there they actually came out there and they told me that the way the road was wish washington across the road and everything that he was going to put these uh dropped ditches in down uh kyle to slow that water flow down to come off that hill and plus when it gets down to cool wood it wanted to cut straight across the road and so they said that they would try to get this all fixed at one time when they do the blacktop job on the roads and uh so i just wanted to come and let you know i appreciate that it took it's been three years in the process and uh hopefully we can get this uh these problems resolved well thank you sir comments and sir were you sworn earlier today were you sworn in when you came in no oh okay sorry we're gonna have to swear again real quick and let's let's go ahead and if there's anybody else in that room that's speaking that hasn't been sworn in um if you don't mind just coming up accidentally when i got here at 1 30 so i was kind of tired about thinking about it okay okay great well thank you so much okay you're good all right have a great one that's funny sorry i'm thinking about it i'm with you um yes hi how are you i'm very well thank you how are you i'm good thank you man name and address for the record if you've been sworn please i have been sworn jackie clark 37 307 hilltop drive zephyr hills florida 33541. all righty thank you okay mr chairman and fellow commissioners on behalf of our community on kyle and coolwood drive we are here and there are several of us waiting to show our support in favor of the

1:44:16

paving project 3315. in sephora hills it has been an ongoing request for the past 40 years of those of us who have lived on or near the adjoining roads when lowe's walmart and the public shopping center came in the track in to the area the traffic more than tripled through our area it was a cut through from 301 to fort king creating an abundance of dust large potholes unpassable terrain with some driveways unable to even get to the roads in question we are grateful to our neighbor larry lewis who has been willing and relentlessly working for the past three years to get this project to you the pasco county commissioners for a favorable vote and i ask at this time that you please allow us to have a safe and secure road by voting yes to pbas 3315. thank you ma'am thank you appreciate it good job i want to school and i think we have some more people that are wanting to speak hi hello man name and address and if you've been sworn please yes i have and my address is 37321 northside drive in zephyr hills and my name is lou hubble and i i have lived on northside drive for 40 years and actually we're landlocked to get to col coolwood and kyle so i have no choice but to travel those roads and for 40 years i've done that and i've eaten a lot of dust and it's not funny honey i'm telling you but anyway i am so in favor of getting our own pace and i believe that our tax dollars after 40 years should help pay for some of it and i'm willing to help pay for some of it too just let's get it done uh we've been promised this for over 40 years so i would like to i'm very much in favor of it and it would be so good for our environment and health reasons and also keep your car you can't keep your car clean uh five minutes you go on that road and you're eating dust and your car looks terrible that's just a minor thing but it's something that i think most people like a nice clean car anyway thank you very much and i want to thank larry lewis for getting this going and the hard work he's put in and i wish you all a safe day and thank you very much for listening yeah thank you ma'am thank you that's awesome

1:47:17

anybody else hi sir uh name and address for the record and if you've been sworn please honestly ladies and gentlemen thank you for this opportunity to address the commission i'm hal hubble i've been on north side drive off of coolwood for 40 years i only want to say i'm wholeheartedly in favor of this project i think it's worthwhile and beneficial for everybody also appropriate been collecting taxes there for over 50 years and actually uh those two roads especially kyle are dusty washboard 99 of the time i appreciate that you've already gotten a lot of time and energy invested in engineering and survey and preparatory work so well i would urge you to carry through and let's see this project to finish thank you hey real quick question you were sworn in right sir somebody you were sworn in sir you did the swearing in earlier i'm sorry he's asking you're sworn in yes i was okay thank you sir oh he he did his address oh can you give me the full address i heard him can you give him your full address my address 37321 northside drive okay thank you sir thank you appreciate it thanks do we have anybody else have a good day you said it that's it okay well thank you so much all right thanks for everybody that's came out and spoke so mr caldwell so there was a there was a few um questions there um and i want to add one if that's okay because this is just something i've thought about this is just something i've thought about in the uh yeah when i'm done okay that's almost awesome that's good give me one sec there was a another question i wanted to add to those questions when we people are paying for these roads and they do the p bass is there not a way for us to maybe stop through traffic from going through or maybe putting up signs no through traffic no well i mean i mean during the process we always maintain uh the flow of traffic so we may have only one lane open well this is unfavorable but you know we have one lane open so that there's always flow

1:50:07

i guess okay let me let me let me back up so since these are [Music] private roads these are not private no sorry sorry i understand but they're maintained but they're paying for the for the paving um you know some concerns i've heard in the past are you know obviously the trucks that are coming through and the semis that are cutting through or any type of constant traffic he cuts through i cut through oh you cut through okay um other instances where we've maybe put up like no through traffic signs or no trucks or anything like that i would have to check with less wear and tear the truck some of these roads that the residents are paying for i'll check with the traffic department i'm i'm not familiar with the requirements of installing that side okay okay i i just you know i get concerned when we have some of these residents that are sitting there paying for these roads themselves and then we have people cutting through on a constant basis um i see it where i live and i pay for for a cdd i pay for my road the county doesn't spend one dime on it like when i say want one dime not one penny we pay a hundred percent to maintain those roads and there's always traffic coming through i don't think there should be but that's my opinion commissioner oakley so you you see the map that is and and the north end of the where it's going to be paved to yeah that's the start of cossack road it goes goes to the east to 301 and it's a cut through from fort king over to 301 to where the shopping center is walmart lowe's everything's over there the publix and this being paved was great but eventually you see cossack road is this one on the north side of this project yep that comes from overpass road when it comes through water grass crosses handcart onto fairview heights and eventually cuts across and connects to this road i'd love to see that done right away yes so but that's that's what's happening in the future that's going to connect to this road but it's just it is a cut through and a lot of people use it that's that's why i asked this this is just not on this project but additional projects well as well now you know if we we as a county are not you know obviously we're let's just be honest we're not really maintained we're filling potholes so but we're not resurfacing the roads we're not repaving the roads but you know we're actually

1:52:49

how we're developing what commissioner oakley just stated we're actually in sense driving more traffic through there by the development in the connectors and he said that's commissioner construction it's gonna be an arterial road so now we're actually pushing more traffic through there i mean you know i mean this is ancient i'm not asking you to answer this question by any means because this is a policy decision but mr chairman there is a question that ainslie can't answer and i thought that there was part of the methodology that that you when you did your assessment that if it was a cut through road the county paid more of that percentage yes and the challenge is this in terms of ordinance it says a road that functions a cut through and the problem here is that we have three roads we have kyle coolwood and classic that function as the cutthroat so it's not just one road connecting these two arterials but three roads okay so that is where the technicality in the ordnance comes about but is that not a technicality that okay we're calling it a technicality but there's that there's there's nothing we can do about that like mr snicer just stated you know if the game if we're gonna force traffic you know by what we're allowing to happen when it comes i.e development or additional roads and connection connections i just hate to put i just hate to put a larger burden on the residents that are actually making this investment themselves when they're obviously not the only ones that are driving on the road i mean i'm support i want to see this paved but i just don't i just don't feel that if we're going to be allowing and approving certain development that they should have to burn in so much of the cost well you got to realize this this is not a subdivision within boundaries and all like your subdivision and you're you pay for your road and all yeah this is actually in a rural area where we're starting to build up on the other side of it and these roads have been terrible they need to have been paved a long time ago like a lot of roads in these banks we are grieving with that this is going to be a great help but there's still a section on cossack when you go down and turn on kossik from there to where it goes to the backside of lowe's from 301 it's still dirt and it's still a terrible road uh-huh does anybody else understand when i'm when i'm when i'm going and where i'm getting at a gate at one of the entrances so it's so people can't cut through well

1:55:30

indirectly yeah i mean this is the way traffic flows in that area oh but i agree and i get it but again that word what you just stated a second ago there's gonna be additional traffic that's going to be going through there but we have a lot of roads like this yeah in east pasco they're cut through from fort king over to 301 down through there that are cut throughs yeah their dirt just like this has been and washes they wash out and we actually spent a lot of money keeping up those dirt roads right and um yeah i'm in agreement they need to be paid i'm with you i just again i just have a concern that and then like you just stay we're going to see more of that and if we're going to allow again additional roads and development to put more traffic on those roads for those residents but i don't the traffic's there yeah i don't think you'll see more traffic i mean this would be better but you still got part of that road that's going to be terrible that's going across every 301. certain people still won't travel that road but for the people that live in that area it's going to be a great thing to have that paid oh again there's no disagreement with that i agree but we're putting it we're putting the cost to that community when everyone in the community is using it and sometimes people outside the community as well yeah he's right both yeah so what's what's the he said there's a county so what how much of is the county contributing to this department the countess contribution yes correct sixty-five thousand about six or six thousand dollars and that that's what's the percentage uh it's uh ten percent over a thousand dollars well the formula is ten percent over a thousand so it's less than ten percent can you pull that slide back up please which which side the the one with the breakdown of all the fees is that the beginning the color uh the assessment one that one yeah before that when when overpass or comes across there you will find nobody except for those residents on this road will probably be used in that road you're saying well this other one's going to be a straight shot across here so your feeling is once overpass is done there will be less people cutting through best people on the ground which is about 150. well commissioner fitzpatrick is reviewing that did you um i know we talked about when it comes back we could bring their interest rate down to what we said was it three points or three and a half

1:58:33

three point two five what three point two five five okay what was approved this morning three point two three point two five okay did you um do we have did you do those numbers did you formulate that what the difference would be i can run the numbers two and f was it two points two this is a five or five and a half that's that's that's one i'm sorry that's i'm sorry that's four pack to five five percent this is five okay sort of bring it when we bring it back it'll bring it down a little bit okay just one thought to the lady that says she doesn't have the connection from whitten going across and from what i could see on the aerial show you showed that that road goes east to west going across we shot wynton or kisa winton yes sir he goes the first lady that talked yes sir she said she has a tough time making that connection so if there is an access issue we can't make that road smooth enough to use then i think she should be pulled out of it because she can't get to that road commissioner let me have help ansley out if it is an impossibility for her to use this she can come back and petition the staff because at this point they've been disclosed their maximum assessment anything that comes out of the assessment at this point is going to be the county's share right unless we start all over again which nobody wants to do no we don't do that so but if she physically can't make a connection and it meets the ordinance criteria staff can make that adjustment and bring it back to you that i could that's nothing that you have to do here all right i just want to make sure that it gets done good thank you thanks for that cabo could you um answer the other questions um there was the concerns about the trees being cut down and there was a concern so in terms in terms of the trees only trees that are necessary and all the trees will not be removed so it's not all trees we're planning to remove okay um in terms of the drainage we because it's uh on thieve road we have to go through the process of getting a swiftmod southwest florida water management district um exemption we have got that and um this is why the project is at this point okay also someone mentioned i stopped you you said there will be drainage improvements yes sir okay that was that's interesting this question then okay the swells it's been solid okay okay okay um in terms of the notification we're required to send certified letters with return receipts we get our information from the property appraisers um you know um listing and we have done the

2:01:19

notification we have gotten the returns um a couple are undelivered and we have done the requirements as per the ordinance and i think that is that's i think that answered the question anything else entertaining motion yep i'll i'll move approval okay second have a second all in favor aye aye aye i'll post i'm saying bunch of passes that does it for it thank you all yeah i guess so because they're [Music] hmm

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