PDD-22-7507

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1. 1Oct 12, 2021
   Board of County CommissionersP57Public hearingApproved

   Approved minutes

   Approved to remand the project per the County Attorney’s recommendation to the Planning Commission.

   Open this item →▶ Play from 7:36
   ▶ 7:366m

   Denise

   7:36Mr. Chairman Mariano Hernandez, we're gonna move to item P fifty seven first. This item just wear a

   OakleyChair

   7:43man first. Absolutely. We need to do that. Thank you.

   StarkeyVice Chair

   7:47Uh please raise your right hand. Do you swear affirm the uh all I'm sorry, all those who are wishing to speak to these matters, if you would please rise at this time.

   7:59Anyone who is wishing to speak to these matters on the rezoning agenda, if you would please rise and raise your right hand. Okay. Do you swear or affirm that the testimony you will give in these matters is true, so help you God. Okay. All

   OakleyChair

   8:18right, we're gonna go out of order. So you're gonna start with uh P fifty. P

   Denise

   8:22fifty seven. Uh you will not have proof of publication on this item as it was not properly published in a newspaper of general circulation. P B D twenty two seven five oh seven seven Oakes MPD Master Plan Unit Development Parcel S nineteen. This is gonna be withdrawn from further consideration.

   OakleyChair

   8:38Okay.

   8:41I think uh Mr. Two would like to say something for this matter.

   Joel

   8:44Yeah, if a control to to an associate, Palm Harbor, Florida, for the applicant. Um I'm not sure why it's being characterized as withdrawal from any further consideration because that's actually not correct. It's being remanded back to Planning Commission. to have a planning commission hearing after proper advertising and then back to the board. So I don't think the record should reflect withdrawal. It should reflect a remand and uh advertising.

   9:15Um At the Planning Commission, the clerk advised that there was proof of publication. So nobody knew until Friday that the county had not placed the ad. So I don't think it's a withdrawal from further consideration. My client certainly intends to proceed with the application. And I was uh I've conferred with Mr. Pitos, and he and I had agreed on December 9th. For the Planning Commission, because that'll be in Date City,

   9:46and then your first meeting in January, because that would be the Date City meeting whenever you confirm your schedule. So I'd like the record to reflect that it's being sent back to Planning Commission after proper advertising, and that those will be our dates because my client has to get a contract extension because of this mistake. And he needs to know his dates to tell his sellers. Thank you.

   Unidentified speakerVoice A

   10:15Mr. Chairman Mari goes back to his seat and before. Because of that little change, I just wanna make sure. Are you gonna are you going to send out mailed notice again for Yeah for Planning Commission and for for board.

   Joel

   10:30Yeah, Mr. Steinsider, thank you. Yes, Terry and I have agreed that we will do the full renoticing. We'll send the adjacent property owner letters, we'll post again, and by agreement with Terry, the applicant is actually going to place the advertisement and provide that proof of publication to staff to make certain and then it gets advertised this time. And then the county is going to reimburse us from the MPD fee for that additional cost of

   11:00advertising since the first failure was not the applicant's mistake.

   Unidentified speakerVoice A

   11:07So So just for clarification then then I agree with Mr. Two that that this would not be considered a withdrawal of his application. He's not going to be reapplying. Um this the the motion would be to remand to the Planning Commission after appropriate uh uh for the Planning Commission to hear this item after appropriate advertising. So he's gonna start back fresh with Unless there's

   11:38a I mean

   Moore

   11:39that's W I think we need staff to come up and say, can this We have a request by the applicant, is staff ready to have us make a motion for a date certain or just a con uh or continue to a date a time uncertain, just for the proper motion.

   Unidentified speaker

   11:56Uh Nictorius Pito's Planning and Development. Uh yes, we're we would be prepared. We would work to be prepared by the December ninth Planning Commission day. Okay, so

   Moore

   12:05this would be January eleventh, I think, would be the BOCC meeting, is that correct?

   12:12Just so we have the dates, right? That I I have January eleventh on my calendar. That's the first meeting in Dade City.

   12:22So the motion here would be to continue this item to

   Unidentified speakerVoice A

   12:25No. The motion would be to remand this project to the Planning Commission after appropriate advertising.

   Moore

   12:33So not to a date, not to a date certain then.

   Unidentified speakerVoice A

   12:36The the dates agreed to but but you don't have anything you don't have anything to preserve to continue is my is my point.

   Moore

   12:47Okay. MOSHU to remand this project per the county attorney's recommendation. Okay. Two pointing commission. Correct?

   OakleyChair

   13:08So So I've I've got a motion

   StarkeyVice Chair

   13:10Is that only on this one or is that Didn't you have a whole bunch grouped together?

   OakleyChair

   13:16No we got so this is only on this one. We're working on this project fifty seven. So I've got a motion. I need a second. Oh Jack's second. Can I get a second? And all those in favor?

   Moore

   13:30Hi.

   OakleyChair

   13:32All those in favor say aye. Aye. Aye. All opposed, like sign. Motion passed five zero. Okay, we'll move on to you're gonna do beef each ball next?