PDD-20-0781

Published agenda

Heard once, at the Board of County Commissioners on Oct 6, 2020.

OutcomeApproved by the Board of County Commissioners on Oct 6, 2020

Approved Staff's recommendation with Commissioner Wells absent from the vote.

Official title

LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT (REGULAR) - CPAL 20(06) I-75/Blanton – Providing for a Large-Scale Comprehensive Plan Amendment to the Future Land Use Maps (Map 2-15 and Sheet 07) Changing from EC (EMPLOYMENT CENTER) and AG (AGRICULTURAL) to IL (INDUSTRIAL-LIGHT) and COM (COMMERCIAL) on Approximately 90.09 Acres of Real Property, Located on the Northeast Corner of I-75/Blanton Road Interchange Extending Northerly Along I-75 to the Hernando County Line

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TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 91% of 104 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

1Oct 6, 2020
Board of County CommissionersP7Public hearingApproved
Approved minutes
Approved Staff's recommendation with Commissioner Wells absent from the vote.
Open this item →
24m
Mariano
Then we'll proceed with the remainder of the regular public hearing items. Each item will be presented by staff. And the applicant, and then I will call for public comment by the subject. P seven. Large scale comprehensive plan amendment C PAL twenty. O six I-75 Blant provided for large-scale comprehensive planment to the future land use maps. Maps two fifteen sheet seven, changed from EC employment center and AG agriculture to light and industrial light in commercial on approximately ninety point nine acre point nine acres. Real property located in the northeast corner of Blanton
and 75 interchange extending northernly on I-75 to Hornano Kenny Line.
Oakley
Item P seven was published in the Tampa Bay Times on August twenty-third, twenty twenty.
Erica Wayland
Erica Willan, Planning and Development.
Mariano
Good afternoon.
Erica Wayland
Oh good afternoon. Item P7, PDD 200781 is a proposed large-scale comprehensive plan and plan amendment in the name of CPAL 2006 I-25 plans in. On September third, the Planning Commission, acting as a local planning agency, unanimously recommended approval and found a comprehensive plan consistent with the comprehensive plan.
The proposal is to amend the future land use map two dash fifteen sheet seven from East Employment Center. And A G agricultural to I industrial light. And Calm Commercial. The subject property is located on the northeast corner, I-75 interchange interchange. Extending northerly along 975 to the Hernando County line, the approximate acreage is ninety point zero nine acres. Next slide.
Mariano
So do me a favor. I uh uh we s we have somebody I don't know who's online right now, which is fine. If we can mute them possibly. We're getting feedback.
And then we'll call and you can unmute them. Sorry, go ahead, please.
Erica Wayland
The proposed Large Scale Comprehensive Plan Amendment is consistent with the following policies Policy Flu 1.47, limits on industrial uses adjacent to residential areas, and policy flu eight point one point five, the North Market area. The proposed comprehensive plan amendment will go to industrial light, which will get rid of the noxious uses that would usually be allowed in the IH industrial. future land use because the subject property does hug along a like the a residential area but it's an ag area. And in the north market area, we there
is an area that we do see commercial nodes in and that we want to see commercial development, especially uh jobs there. Next slide, please. As you can see, the subject property hugs along the I-75 interrange. It is north of Blandon Road right-of-way, and it's just south of Hernando County line. And we had been in contact with the Hernando County Planning and Development, and they do support the comprehensive plan amendment to IL and Cong. And also previously the
original future land use along that side part of it was an MU mixed use land use, and then it went to Easy Employment Center, and now it's going to Common AL.
Next slide, please. Here you can see the existing zoning districts of AC Agricultural, AR Agricultural Residential, and C to General Commercial.
Next slide, please. Thank you. And here you can see that light uh gray color as that proposed I L flue, and into the south that teal blue color being that commercial, like right down that hug that corner, right near Blanton I-75.
Next slide, please. And with that, we auth we want to authorize transmitter to the proposed comprehensive plan of amendments C PLOL 2006, I-75 Land to the Department of Economic Opportunity and other reviewing agencies. So if you have any questions, let me know. Thank you.
Mariano
Okay. Any questions for staff before we go to the applicant?
Starkey
I I have a question.
Mariano
Okay, please come back up.
Starkey
And I I spoke to the applicant's attorney. Just a question for you. So we did a we hired an engineer to do a bicycle route study. Yes. And um Did was that part of Blanton part of that bicycle route study?
Erica Wayland
I
am
not sure, but I can check on that for you. I do know when we're looking at that scenic corridor that we'd like for it to start near Jasmine Road. So I know there's gonna be different provisions that hug against that. particular parcel versus the ones that are in the uh the northeast rural overlay. They'd be like it to start at Jabs Mean Road, those uh conditions for the scenic corridor. But I'll check on that for you to see where
Starkey
whenever you're doing something up in that area, definitely want the The work we did with the engineer transposed on anything that's happening and making sure we're Um working together on on that plan. Now it wasn't for a bike trail. But that plan encompassed wider roads and a shoulder for cyclists. I mean that's a big tourism draw in uh We it's d dangerous with some of those narrow roads, so and you
know this area better than me. Right. Um but there's there's already a map that's been generated with routes and I think Blanton's on it. I just don't know where it ends and where it stops. Mr. Chairman Mariano. Thank you.
Erica Wayland
Okay, and for the adoption hearing we can include that map in the PowerPoint presentation. This is just a transmittal. So for the adoption hearing we can make sure that we include that.
Oakley
Well, I'm not sure if you're This is actually right at the interstate. And of course we've had all the interstate improvements and all the landscape for the interstate. This property sits to the northeast quarter of of that intersection? And it takes in consideration improvements of the road down toward Jasmine. And I think from Jasmine Not the first Part of jasmine you see, but the second jasmine as you go toward Blanton. from there back through where
the uh Blanton crossing is where Blanton 41 and the Tribury Road cross. We've been doing a study through the MPO on that on that route. So that has been taken in consideration. So just want to be sure.
Yeah. That we could possibly get a trail at this point. Maybe in the future it'll work out when we will.
Starkey
Yeah, and I think what that study encompassed was just um wider shoulders. Um just getting some land from the landowners that allowed for um a wide paved shoulder.
Oakley
There's no real improvement of forty one like you were talking about for the widening shoulders when that does happen in the future. We'll we'll be looking out for that. So
Mariano
Anything else before that before I go to the applicant? No? Okay. Um I know we the applicant or the applicant's can and or the applicant's um counsel is on the line. Um We'll go ahead and move. So Ms. Wilhite, are you on the line?
Starkey
It takes a while for the unmute
Unidentified speakerVoice A
button.
Yeah, yeah. Hey Barbara. I'm Larry Guildford. I'm a bit one of the beneficiaries of the trust. and representative of the uh property owner. So uh and I live at uh [address removed]. Uh which is five point four three miles from the property. Uh I'm a resident of Pasco County, have been uh since nineteen seventy-seven. And I'm a former member of the Planning Commission for Pasco County and a current member of the Pasco Metropolitan
Planning Organization Citizen Advisory Committee. Um I'm speaking on behalf of the property. Um We've had several meetings and great great work with the staff in trying to get this thing done. The subject property was purchased because of its location at the interstate exit and because it is currently designated as one of the designated employment centers in Pasco County. The current economic center designation goes along County 41 Blanton
Road to Lake Iola, Spring Lake Road to the west, and McCann Road to the east. As an employment center, it is designed to provide employment opportunities along major Transportation corridors. The current employment center designation allows commercial, industrial, and residential uses. Our plan here is to rezone 14 acres to C2 to allow for the interstate type businesses such as gas, food, and hotel, and also the possibilities
of an emergency center. Yeah, and let and let me be perfectly clear, there is no plan for a truck stop on the property has been mentioned in various emails.
Paul Prince
The
Unidentified speakerVoice A
remainder of the property would be zoned I-1, light industrial, to encourage economic development along uh the frontage of I-75. We have provided a conceptual plan for the property. At this time I'd like to turn it over to uh Barbara Wilhe.
Mariano
Ms. Wilheite.
Barbara Wilhite
Hi, this is Barbara Willheit, [address removed], and I have been sworn. Commissioner Starkey, my research shows when I was uh submitting the comprehensive plan amendment that the closest future regional trail is to the east at Blanton Road and Trilby Road, which is consistent with what Commissioner Oakley was saying. So Well we'll certainly make sure that with staff we bring back the map um at the uh adoption hearing so you can see exactly where the trails are in this
area, future trails. Wanted to just add a little bit to regarding the property. In 2006, the county put the land use designation of EC on the property as part of an extensive update to the comp plan that included the Citizens Advisory Committee and the Northeast Pasco World Group. The EC land designation allows commercial, light industrial, and certain heavy industrial uses at a maximum FAR of Three point oh, which is three hundred percent. It allows apartments and townhomes at
a maximum density of 32 units per acre. It requires at least 7.6 acres of the property to be apartments or townhomes, and allows a maximum of 38 acres to be town apartments and townhomes and 480 apartments. This amendment and the deed restrictions that'll go along with the rezoning of the property removes the requirement for multifamily and prohibits residential use. Since residential use is not appropriate adjacent to the interstate and is not the best use of the limited I seventy five frontage that remains undeveloped. We actually
heard from a neighbor at the um at our neighborhood meeting and the ask was spoke at the planning commission about how when when some trees were um harvested on Mr. Guilford's property, he n can hear the noise on the interstate and how much that bothers him. So we certainly don't want to see residential use. on this property adjacent to the interstate and such a a prime location for commercial and light industrial. The the amendment would allow light industrial use is to limit the flurra ratio to fifty
percent so it's only light industrial we take out the ability for any heavy industrial which is more compatible as opposed to the three hundred percent FAR that's currently allowed in in the um land use. That's a specific area where commercial uses are allowed. Limits the maximum coverage to 50% as opposed to 300%. We're prohibiting a truck stop as indicated by my client, Mr. Guilford. We clean up the split land use designation on the property. We provide for light industrial uses along the property frontage, which is more appropriate. and we
prohibit um and where there is there's one adjacent residential use and we're requiring a twenty five foot setback to remove a natural, undisturbed condition which exceeds the LDC requirements. This amendment is exactly in line with what the BOCC and PEBC priorities have been at interchanges. So with that, we'll go ahead and see what public comment there might be. Mike Razor is on my team and able to talk about any transportation issues, but we would like to go and see if there's any public comment and
then we can respond.
Mariano
Thank you, Ms. Wallheit. So um any questions from Ms. Walhite before I go to public comment? Commissioner Mariano has a question. I
Mariano
just I'll just make a couple of comments. Um when when we adopted our comprehensive plan many years ago, we looked at this as one of the priorities as far as to have an e economic development centers. Uh the northern part of the county We're trying to look at all at the top half mile all the way across. So putting it up there was on purpose. We knew it was a trickier intersection than some, but we thought there may be some value. And seeing that they're taking the calm down below and along that whole corridor, kind of like the overpass business park right along I-75,
it could provide a really good site for an industrial complex to come in. So uh knowing that it's not going to be a truck stop, which was A lot of the feedback I got from uh citizens calling in. Um I think staff's done a pretty good job with the project.
Mariano
Thank you. Any other questions from staff before we go to public comment? Um Commissioner Starkey.
Starkey
I I did have a question. I think I heard Barbara say they're excluding heavy industrial. And No? Okay. I was wondering why we would do that.
Barbara Wilhite
Okay, Barbara? No w the the amendment to light industrial. So it will be it'll be light industrial uses. That's consistent with what the PE D. C wants to see with the property.
Starkey
But you said no heavy industrial, which I mean I'm okay with heavy industrial there. Why would we not want heavy industrial
Barbara Wilhite
designation.
Unidentified speakerVoice B
No, they can't have they can't can't have heavy industrial.
Barbara Wilhite
Next to the residential. There is a a complaint policy that wouldn't allow the heavy industrial Next to the residential.
Mariano
Okay. Are we satisfied for now? Like go to public comment?
Barbara Wilhite
Well, yeah.
Mariano
Yeah.
Mm-hmm. Okay, Madam Clerk, we do have um some people signed up. First I will ask do we have any emails that Need to be read into the record.
Oakley
No emails to be read in the record. One was for file and receipt.
Mariano
Okay. Do we have anybody on WebEx at this time?
Oakley
So um my understanding no one's logged in via WebEx but they might be at the kiosk.
Mariano
Okay, so nobody's logged into WebEx and We do have people at kiosk from my understanding. So the first person at the kiosk, if we could put them on, name and address for the record and if you've been sworn.
Edward Dukowitz
My name is Edward Dukowitz. Uh I I live in [address removed], and the property owner adjacent to the property's backside or the north end on Puerto Rando County Line. Wesley's here to speak also. I'd asked traditionally for additional time, but we would ask that we condense both our times to one so that I have six minutes to discuss this issue.
Mariano
Have you been sworn, sir?
Edward Dukowitz
Yes, sir.
Mariano
Thank you so much. Please begin.
Edward Dukowitz
Okay. The county presenter cited this uh FLU one point four seven. uh which really has to do with existing commercial use and changing that use and not with rezoning or re We're re uh planning to the C P. She also assigned the FLU 8.1.5, which has to do with the North Market. Now there is a policy in the North Market. Uh proceeding which says that the FLU eight point one point five is intended to quote preserve
rural lifestyle. What you're doing here.
You're injecting light industrial and commercial into a rural area. 6.04, the overlay, says the intent and purpose of the implement is to implement goal FLU2 and FLU2. which is to protect Northeast Pasco existing rural and agricultural character. Regardless of what the arguments are for industrial, heavy industrial, light industrial, it's industrial. It's not rural. The two Purden uh FLUs is 2.1, which says that
the rule of the lifestyle remains available for future residents. A commercial zone will not do that. FL 2.1.1 said the lab intensing characters should be consistent with the rural character of the area. Then it goes on if you stay with the air fellow use. 1.6.2 says the comprehensive plan can only be amended if property is at an intersection of two roads, which it is. But it says We cannot set the precedent
for further strip development. What they're asking you to do is forbidden by your own policy rule 0.6 to 0.2, regardless of their arguments of how good it's going to go. Okay. The Mercado case, which dealt with comprehensive plan amendments, says the comprehensive plan use plan legislatively sets a zoning norm for each zone. Zoning changes should only be made when the existing zoning is inconsistent with the plan, which
it is not. Otherwise, plan should be legislatively amended to the area of the entire zone, whereas the use is permitted within the entire zone. Ricado says If you change his zoning. We must change it for the entire rural agricultural area. We should all be zone commercial, light industry. Yep.
Florida, uh the F W one point six two C
Shall not designate Commercial development.
Um, as far as FLU two point three, uh which my exhibit tube in a paper which I submitted, which I hope you read, but you probably haven't. It shows rural area one, which extends most to the northeast. And this represents both the final form of development. There's nothing in there that says, we're going to buy the wave, change the final form to be commercial and light industrial. These areas shall not be treated as areas in transition. shall not be treated as areas
in transmission. Did I have the Urbanization. Now your own. Um So one website says the H E R M P
unless the property is demonstrated to be at least six things, none of which is alleged, none of which is proven. There are also public policy considerations. We've heard about the expected traffic change. There are other factors that come into play. Uh request the changes. Well
Down the stupidity. truck stops even though they said they're not gonna happen until happened next door. And other use can act as an audience for criminal activity, drug use, burglary, robbery, and prostitution. Presently there is no criminal activity problem in that section. If you put the strip ball in there, you sure as hell will have some. Secondly, fire prevention. There is no access to water there for the trucks. If there's a fire in an A. Uh it does. which
will house all kinds of chemicals and flammable materials. you have no way to fight that fire. You're just gonna have to let it burn out. And then my house is right next to the area that's kind of burnout. Right now, if you fly this, you're defeating the entire purpose of the employment center, which is to put high-paying jobs in the proximity of living quarters. What you're going to do is put low-paying jobs with nothing else around. You're putting the cowlow snows
under the tent. Then the Riccado. If you allow this, you're allowing the property next door, which I believe is owned by the same person. to be rezoned commercial. And then the per parcel after that. the price left of that. You might as well get it all over with and zone the whole thing commercial lighting.
Mariano
Did you thank you, sir. You said your wife had something she wanted to go over?
Edward Dukowitz
I I commented for both of us, sir. Have a copy.
Mariano
Pardon?
Oakley
You
Edward Dukowitz
get both. I I use dollar type.
Mariano
Oh great. Okay. Okay. Do we have anybody? Do we have anybody else at the um He asked
Eliza Speakman
There's nobody else for this item at the kiosk.
Mariano
Okay. So we have nobody at WebEx, we have no other emails. I'm gonna go back. To the applicant.
For a bottle?
Barbara Wilhite
Hi, yep. Commissioner's um I understand that Mr uh Digowitz is an attorney, but with all due respect Um, he has no expertise in land use. I reviewed his report And um I'm confident that staff's recommendation regarding the consistency of this amendment with the comprehensive plan is correct. and is is competent substantial evidence um for you to move forward. Many, many, many mischaracterizations and cherry picking of language in the comp plan and
A lot of people do that, but it's not actually the way Comp Plan consistency review is done. And your staff has done a fine job. confident that we're consistent with the Comm Plan. And unless the commissioners have any questions of my team, we'd ask that you support staff recommendation and Planning Commission's unanimous recommendation and transmit the amendments.
Mariano
Thank you, Ms. Walk. Any uh other questions?
On the board at this time.
Questions from the board for the applicant or staff?
Oakley
This is this is area has been zoned for an employment center for I believe several years. Uh Jack way back earlier. Fourteen years? How many? Fourteen. Fourteen years. So I think it's in line with what was proposed there for the future. So And I spend zone that for all this time.
Thanks. Uh with that I'd uh like to move approval. Simple motion. Then a second? Second. Under discussion.
Starkey
I'm sure that um we have buffering requirements from residential to any kind of commercial or industrial that will Stay respected here.
Unidentified speakerVoice B
Mr. Stockstonner. Reminding the board, you're in a comprehensive plan amendment hearing today, so we're not talking about zoning.
Starkey
Okay.
Unidentified speakerVoice B
We're only talking in the The buffering requirements will come back when Ms. Wilheit Puts forward a zoning application.
Mariano
Okay. So I'll have a motion in a second. All in favor? Aye, all opposed, same sign, motion passes.