PDD-23-0020

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1. 1Oct 25, 2022
   Board of County CommissionersC17Consent agendaApproved

   Approved minutes

   Approved Staff’s recommendation.

   Open this item →▶ Play from 1:19:59
   ▶ 1:19:5915m

   StarkeyChair

   1:19:59All in favor? Aye. Aye. Opposed? Okay, we are on to C seventeen, poll and discuss.

   MarianoVice Chair

   1:20:09All right, I I pulled this item. Um it's a two hundred and eighty six thousand dollar expense. I

   1:20:18We have we have so many issues right now between MPUDs, um, our local ordinance as well. Uh I don't know if we got the right focus to go spend this money at this point in time on this. Um later today uh under committee reports I'm gonna put a presentation on about some things I need think we need to look at. If you want to continue through this the afternoon is fine, or Terry can explain what we want to go do and Um But I'm just going to do that.

   Oakley

   1:20:44Mm-hmm.

   1:20:47Okay.

   1:20:49Um the comprehensive plan update is operated by the Long Range Planning Division. Um in conjunction with consultants who are doing a lot of the heavy lifting, though long range planning is running the project. Um the MPUD team is uh on a separate team within the planning and development department. in current planning. Um that's a separate set of planners. Uh we do have a plan uh in place to address some of the MPUD um work that

   1:21:20has come into the county more recently. There's a there is a higher higher volume of MPUD applications that have has come in. Um but we do have a plan that is going to be put in action um Hopefully this week. Um we've already been affecting some of the changes to improve the status of the M P U D workload. Um but we're gonna be going much deeper and engaging f uh fully the department in the support of doing that that M P U D work. So

   MarianoVice Chair

   1:21:50Madam Chair, part of my concern is Separate as well as well, your team together working on MPUs, et cetera. Um we've got a huge issue as far as the backlog that's out there. And and I don't see and I I appreciate your working on a plan. We've been talking about this for a long time.

   1:22:09a change of the plan we have in place right now. Um I just don't know if you can afford to do that as far as getting these things through. Literally we had

   1:22:20Uh high individual J Feester coming to meet with all the commissioners to talk about a project that is a Simple project that's got a hundred and fifty yards of dirt. And For Over I don't know if it's two weeks or four weeks now. We can't even get that thing where it's listed as being submitted to get looked at. The building is operational, this is running as a school. We've got Twenty kids that can go in there and they've got actually got to hire a person to make sure they don't go over that number or code's gonna

   1:22:50find them and and shut them down. Um the building is a is efficient. It's a hockey rink. Uh we put some type of for some reason someone guided or it was set up for twenty people for an occupancy. When a regular hockey team takes thirty players. So I've worked real hard to try to get this thing through. Uh and I think I've had I've had others doing the same. Adam Chairman Mariano seem to get stuff done.

   Oakley

   1:23:15Well Madam Chairman speak to the the hockey ring specifically. Um My team is eager to work on that project and are ready to work on that project. If the applicant could submit their conditions of approval. For the team to review. So that's what's missing right now. If the ball is in the uh Applicants court. We're ready to review it when they do submit it. And my and I've had multiple

   1:23:46conversations even this morning with my team that we want to review it, but there's nothing for us to review at the moment.

   MarianoVice Chair

   1:23:54Because talking to them They have sent it over

   1:24:00But it rather than even getting comments back to say what the shortfalls are, it's considered where they haven't submitted yet. So I'm gonna I'm gonna call you out for that.

   Oakley

   1:24:08Well, I mean there's documentation

   MarianoVice Chair

   1:24:13You haven't accepted it or hasn't been submitted yet?

   Oakley

   1:24:16From what I understand

   1:24:19They've not been submitted.

   Oakley

   1:24:21So I'd like to speak I'd like to speak to that. It's in my district, so I'd like to speak to it. Uh the developer there went in for Through the Planning commission and got a Uh twenty a conditional use for twenty people to play until He got banished, but there's bigger issues 'cause in his planning He started out gonna put this in the backyard. to only come up to pick a residential area in

   1:24:51my district. Which there's no roads. Actually coming to that that are Not substandard. At the most. So part of the issue when he comes and gets his final M P U D approved and it's gonna tell us what he's gotta do to have transportation going there. And it's not on a dirt road. We've got all the dirt roads in East Pasco County we need. We're not gonna Run a dirt road to a facility he built. and he's got twenty he's

   1:25:21got a conditional uh thing to put it in his backyard. But the fact of it is the entire time he's been there and working, he's done it without permits and I've had to call his hand on several times Not being allowed. Terry and his team are very much aware of what's going on on that project and we want it to get through because it is of value for our citizens in Pasco County. The fact of it is if he would have chose to be a little bit more than a little bit a commercial site For this project, for this ice rink.

   1:25:52The roads would already be there. His problem is he chose an area in a rural area where there's houses one ten acres in all And and those folks have not even had their chance for public hearing because of the way you went through getting this conditional use. So he He's trying to jump the gun, but I'm telling you he has to pay his dues. We told him over a year ago to present as MPUD and he only did it in May.

   1:26:23He still has to pay his dues and go through the process like every other developer. And we have many developers, like ninety of them. Besides him that are doing it the right way, getting their permits, moving forward, getting their information. Yeah. There's no sense in moving this forward because when he when he gets that He's gonna look at McKendry Road this dirt. At his place. And he's gonna look at a vision road that won't be completed For ten years. that that comes into that area

   1:26:54just right there at Pasco Town Center. He's been doing it wrong.

   1:27:00finally gets all his information together. and presents this. then this roadway he's gonna have to build. Because he's a private individual. The county's not gonna spend our citizens' money. To provide a road to this development when it's private and I think it's only a Christian school, which and normally I think Christian schools if it's five oh one C three. would not pay any adroll on taxes to benefit the

   1:27:30citizens at all. Now it's a good facility and people want to use it. I met with Lightning and other people that Want to use this project? But It's gotta be done right and it's gotta be done right because you got if you're gonna approve this one to go move it through real quickly. Well that's great. But I want those other ninety people that have been doing it the right way and waiting their turns to be approved at the same time. And that can't be done. This got a process. It it to begin with, it takes too

   1:28:00long and we've had so many MPDs coming through the county and Terry's team and all Uh they're doing the best they can, but they're overloaded with work on that. I heard something this past week, Terry, maybe you can explain. If there's a way to do The same thing we do without going through the process of all the uh MPUDs. I don't know if that's something that can happen or not and if it makes it faster uh for the county. So maybe you can explain that.

   Oakley

   1:28:29So we are working on land development code amendments um that will enable us to reduce the number of MPUDs that are being submitted because right now th there's a couple of um Thresholds that are being tripped by the land development code, that are established by the land development code, and developers are tripping over them. And also on the comprehensive plan. Um one of them is the um Trip generation threshold threshold where projects that um create more

   1:29:00than 1,200 daily trips. um are automatically forced into applying for an MPUD in the land development code right now. And there's a uh a strategic code amendment that's coming forward. to the BCC that says that if a project can be handled through a development agreement or through a conditional use permit or through a special exception. Um it does not need to go the route of an MPUD. It can it can be taken through those channels, which are shorter time frames and

   1:29:30much easier to accomplish than the negotiation of conditions of approval for MPUDs. Yeah. That uh is one amendment that has to happen. There are two or three other much larger substantive amendments to land development code uh in order to enable Um Like a a comprehensive reduction on the amount of M PUDs that we're receiving. In other words, in order to enable our regular land development code to perform without having to um Rely and go to the M P U

   1:30:00D. the same thing is happening in the comprehensive plan, where there are certain policies that um state that you shall do an M P U D and this particular situation or what have you. And so We have policies and we have code provisions that are dictating the use of one instrument That maybe ten or fifteen years ago Uh the county wasn't expecting the amount of volume of work coming in and now all this volume is coming into one of our more

   1:30:30complicated processes which is causing some of the backlogs that we're experiencing today. And so we have to adjust that regulatory framework Change the policies a little bit and redirect how we can handle this work in different uh using different instruments. And that's

   Oakley

   1:30:45the best.

   1:30:56But there's so many issues just because he picked a residential area twenty occupancy for a building that holds eight hundred and twelve people, the trips for that He only paid a fee of I think thirty two thousand or so. For twenty Conditional use trips. When it becomes where he Provides for many, many more. His fee's gonna go up, plus he's gotta build a road. And that developed.

   StarkeyChair

   1:31:24I I did go visit that um facility. I think it's a fantastic facility and I hope we figure out how we can help him uh get that open. I I know our high schools are using it and one of the high schools has thirty kids on team so they can't use it. So um but I wanna go back to The original

   1:31:45And Um I do want to talk about this development process that we have and solutions. I'm just not sure that this is the place for it right now during the um consent. During consent. Um so I

   1:32:01I'd like to Well we we'll talk about commissioner items. So Terry just be sure to be here this afternoon because I think we should talk about this. It's a big issue and I um wanna continue that conversation. So um I could just let me follow up with that. Okay.

   MarianoVice Chair

   1:32:15All right. So so part of the reason to pull it. is all right. They want to redo the comprehensive plan, so be it. And I'm Terry Terry, I'm glad you mentioned it because the problem I think is a lot with our code. And then we've got to do that. If I give you an example of the cubic fill ordinance of five cubic yards. That was designed for low areas Where we have a closed base and where people are filling in and going. And I told you recently we had someone come in for a development where they just brought in eight truckloads of dirt. Completely against the violation and all

   1:32:46we did was go through the permitting process. And the guy gets approved and he gets to keep it in there. So that type of thing is like so why even have that ordinance

   StarkeyChair

   1:32:57Well that's why I'm for this update. No, no, no, no, no.

   MarianoVice Chair

   1:33:01But but I don't want the focus just to be on the comprehensive plan. It's gotta be on the ordinance. Literally you can go put a a seawall up. You can go put a seawall up, raise it up to like three to five feet where they're supposed to be. Whether where they want you to do it now, right? And you gotta go get a separate ordinance to go put fill in. If you have a Commissioner Weightman,

   StarkeyChair

   1:33:20we're going to bring this back.

   MarianoVice Chair

   1:33:21I know, just let me just touch on one more th one more point I got to make and I'll just kinda go. When you look at coastal development, and you want someone wants to go put grass in the back or put a pavers of concrete, you can go through, it's a much easier way to go. So we want to bring this item back at another time.

   StarkeyChair

   1:33:34Yeah, I want to talk about efficiencies.

   Fitzpatrick

   1:33:37And Madam Chair, I have one comment on that. Because my question is you had mentioned that the occupancy was twenty and they needed it 30, it was a difference of ten. I was just curious if there was a reason for that. And also is it just receptor and septic. This is not the place

   StarkeyChair

   1:33:50to talk about that. So

   Fitzpatrick

   1:33:52with

   StarkeyChair

   1:33:52all due respect. So can I

   Fitzpatrick

   1:33:53discuss this?

   StarkeyChair

   1:33:54I'm gonna take a motion on C seventeen. Commissioner Weightmanni, you pulled it.

   Oakley

   1:34:03I'll move. Second.

   StarkeyChair

   1:34:05All in favor uh no wait, his motion was to what? Continue.

   Unidentified speakerVoice A

   1:34:10He didn't I don't believe you made a motion.

   StarkeyChair

   1:34:13Okay, what is your motion to

   Unidentified speakerVoice A

   1:34:15to um He wants

   Moore

   1:34:16to bring it back as you want to bring it back as a

   Oakley

   1:34:18bring back as an agenda item something we really need to talk about. Okay,

   Unidentified speakerVoice A

   1:34:21if I may

   Oakley

   1:34:22that's not what I meant

   Unidentified speakerVoice A

   1:34:23to do. So this is this is hiring a consultant to do the comprehensive plan, which I believe is part of your evaluation and appraisal report, is it not? That is correct. So under state law, we are supposed to be doing this. It's not related to your land development code or your N MPUD process. This is updating your comprehensive plan. It's got to be done.