PDD-23-7713
Published agenda2 appearances between Jul 20, 2023 and Aug 22, 2023, at 2 boards.
Official title
Zoning Amendment (Consent) – Nguyen Thien – Change in Zoning from an R- 1 Rural Density Residential District to an R-3 Medium Density Residential District– West Central Pasco County – South Side of Lacey Drive, Approximately 150 Feet East of Randee Road – Containing Approximately 12.00 Acres
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Jul 20, 2023 → Aug 22, 2023 · click a mark to jump to that appearance
Every appearance1 of 2 are in a recording
Each appearance carries the official title above. Where the county’s wording changed, the change is marked: added and removed. Steps with no marks were worded identically.
TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 75% of 382 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong. 1 of the 2 appearances are not in any recording, so what was said at those is not here.
- 11h 3mDenise
Now we're gonna move on to PC nine.
Charles GreyChairThank you, Steve. I think you're good. You're really not dry and boring.
DeniseSo PC item PC nine is P D D twenty three seven seven one three. It's a zoning amendment in the name of WENT for from R1 Rural Density Residential District to R3 medium density residential district. The parcel is located in west-central Pasco County on the south side of Lacey Drive, approximately 150 feet east of Randy Road. This is showing the parcel. It's surrounded by the Moon Lake Estates, I think it's
Unit 19 subdivision, which is a platted subdivision. There's different lot sizes in the area. The lots in Moon Lake, they were platted prior to December, prior to December 1st, 1975, which is the adoption of zoning. They were platted in 1960. So there's different lot sizes out there, so they range from about 7,700 square feet to about 26,000 square feet. We consider those to be small lots of record. Or legal nonconforming lots. So as you
can see, the parcel is on the south side of Lacey. To the north is the Moon Lake Estates Unit 19 Subdivision, Moon Lake. Uh to the south of the property is a county owned Property as I understand it. This parcel was purchased for the purpose of the Ridge Road extension. There are talks about doing a environmental lands acquisition management over this parcel, but that hasn't been completely solidified. And um
So this is a a closer view of the parcel.
Unidentified speakerVoice AMm-hmm.
DeniseThe surrounding land uses, so the the s the surrounding land uses are res three to the north and res six to the south. And this is the existing zoning. So the existing zoning is R1. As I explained, there's small lots of records surrounding it, lots that are between 7,700 square feet and 26,000 square feet. And to the south, that county-owned property is zoned R4 high density residential district, which is typically 6,000 square
foot lots. It's 12 acres approximately. The applicant proposes to subdivide and develop the property with a total of 11 single-family dwelling units. It's in the central market area and it's outside the serv urban service area. As I stated before, it's surrounded by residential development with lots that are between 7,700 and 26,000 square feet. It's within within a RES III future land use classification. And uh the I this comes to you with a recommendation of approval
with cond of approval, there are no conditions, sorry, this is a Euclidean uh zoning, and I'm here for any questions that you may have.
Charles GreyChairOkay. Any any questions from the diets here?
DeniseI think I have one.
Jaimie GirardiVice ChairDenise his So Would these lot sizes be
DeniseR three zoning is seventy five by a hundred. Lots.
Jaimie GirardiVice ChairSo is that comparable to is that bigger or smaller than what's
Denisearound? It's smaller than the smallest lot by two hundred square feet. So the smallest hot lot that we saw in the area is about seventy seven hundred square feet. So this is two hundred square feet smaller.
Jaimie GirardiVice ChairThank you.
Charles GreyChairAny other th questions? I guess there aren't any.
DeniseAnd the applicants team I believe they're all on WebEx, if I'm not mistaken.
Charles GreyChairOkay. And there's nobody else here to speak about this one, right? Okay.
Connected CityThe the only thing too, now that you're sitting back down is I might be interested in seeing the overlay of the wetland, uh rough wetlands.
Unidentified speakerVoice BCircle
Deniseisn't. Yeah,
Unidentified speakerVoice Ayeah. I'm
Denisea such
Unidentified speakerVoice Athing.
Jaimie GirardiVice ChairYou you cannot talk from the audience because the clerk cannot pick up all that conversation. So please Please do not speak until you get to the podium.
DeniseI'm gonna be sending the preap notes because a preapp shows the actual wetland delineated. If we if we use Pasco Mapper, the wetland is not
Connected Cityexact. Yeah.
DeniseExactly.
Connected CityThat still might be a good approximation though, just for discussion purposes.
Jon MoodyAnd is the applicant making a presentation?
Charles GreyChairI wanna let her get pap uh the Map up there first and then we'll Find out if they want to make a brand of the right-of-way.
DeniseSo give me just a second and then we'll talk about the applicants team because I've got to forward this to Sonia.
Charles GreyChairThat's
Denisefine.
Charles GreyChairThe one thing I would like to say to the audience, because I know many of you want to say have have something to say Mm-hmm. We try to make we try to encourage people to if you're gonna come up and speak Please try to speak about something that we haven't heard. So that we don't hear the same thing over and over. And because it just takes up a lot of time and we already've heard it. So Um Whether it's traffic or whether it's, you know
We welcome you to come up and speak about it. But we just like to hear something new when people come up.
DeniseSo for the record, just so that these folks can please be promoted for the applicants team, if you would please promote Alex Hoffman, Angel Ortiz, Ava Russo, and Mike Hoffman, please.
And I'm not sure who's taking the lead on the applicant's presentation, but typically at this point you do a presentation on the item.
Charles GreyChairOkay, so uh are they on now?
DeniseWe have all been up group up.
Charles GreyChairOkay. So you're the applicant. We'd we'd like to uh welcome you to the meeting and uh Ask who is going to be the spokesperson, please.
Ava RussoHi, uh yes, my name is Ava Russo. I'm an EI working under the responsible charge. Of PE Michael Hoffman and I'll be representing advanced engineering as well as the applicant.
Charles GreyChairOkay, and your address, please.
Ava RussoSure, it's [address removed].
Charles GreyChairAll right. Very good. Okay, so here's the way it works. We're we you have an opportunity to do it. Present your application. Yeah. Uh once the application is presented, the Members of the audience would have an opportunity to come up and ask questions or state their concerns. You would probably be sm good good idea for you to make notes of those things. because you'll have an opportunity then to come back and respond. um to to to give feedback on those concerns.
So um So now everybody knows the format of what we're gonna do. Please feel free to begin.
Ava RussoOkay, thank you. So the proposed 12-acre property currently has a zoning of R1 with a future land use of residential three. As per the applicant, we're requesting to rezone the 12-acre property from R1 to R3 to allow for a single-family home subdivision with 11 homes, having a minimum lot size of 7,500 square feet. The project is proposing eleven lots which will include single family homes at a density of one point seven dwelling units per gross acre, which complies with the allowable density in the R3 zoning.
The property includes a roadway called Ivy Avenue, which contains a cul-de-sac that does comply with Pasco County standards. Being that single family home development isn't allowable use within the R1 zoning designation, we believe that this request is consistent with the surrounding area. The parcel does contain approximately five point two eight acres of wetlands, which have been identified in a wetland delineation report. Uh uh all wetland boundaries have a twenty-five foot setback and that has been identified on the master site plan. As
per the staff and planning commission's recommendations, they have found this development Thank you. I'm gonna take any questions.
Jon MoodyCan we see your proposed development plan?
Lisa CarterGo
Stephanie Shatzmanto page four.
Jon MoodyOkay. And it was Ms. Russo?
Ava RussoYes, that's correct.
Jon MoodyWhat's the plan for water supply and wastewater disposal on this property?
Ava RussoSo we will be connecting to county utilities.
Jon MoodyAnd where are those located?
Ava RussoUm, I believe it is likely counting utilities along uh Lacy Drive. We haven't gotten
Jon Moodytoo far into the
Ava Russoutility.
Jon MoodyCan we see the map? You believe that's the case?
Charles GreyChairYeah, let me uh excuse me just a minute. Stop before you don't any further. Let me just repeat one more time. Please be courteous and quiet so we can get through this section. We can hear the presentation. We can ask questions from the dais. You'll have a chance to come up and ask questions. And I'm gonna expect people to be courteous to you. So It's a it's a or it's a team effort.
Jon MoodyLacey Drive is the street here on the right side of the Site plan?
DeniseYes, that's correct. Yes. Well
Jon MoodyI think you need to do some more research 'cause I'm gonna hand The staff over here a flash drive that has a utility atlas map for the area and there are no utilities, water or sewer anywhere near this property.
Ava RussoCorrect understood, then we'll likely have to do septic um and well.
Jon MoodyWell, in order to do septic and well, Chapter sixty two six of the Florida Administrative Code requires a minimum of a half acre lot.
Ava RussoOkay. So then we would have to um supply a line from The property to the nearest Connection line.
Jon MoodyWell, I don't know if you know what the cost of utilities are, but it's a long way to get there.
Ava RussoWe'll have to speak with the applicant
Jon Moodydirectly about that issue.
thinking that you've got quite the exorbitant utility connection cost here. I do this every day.
Unidentified speakerVoice AMm-hmm.
Jon MoodyHello, this
Unidentified speakerVoice Cis Alex Hoffman speaking. In regards to the utilities connection, if the offsite improvements are too too expensive for the developer, then we can And move towards a half acre lot design with the 11 lots, and we would only require variances of the lot width. And we would redesign the site so that the roadway would go up to the would be pushed
to the property line on the north. uh the northwest side and the properties would then include wetlands In their land. To meet the the lot size requirements.
Charles GreyChairMr. Hoffman, we're still gonna need your uh address, please.
Unidentified speakerVoice CYes. Um the address of Advanced Engineering Consultants is 10009 Gallants Lane, Tampa, Florida.
All right, right, thank you.
Jon MoodyOur land development code doesn't allow wetlands to be platted within residential lots for a new subdivision.
Christopher PooleCan we go back to that site development plan now? I'm not number four.
Charles GreyChairOkay, so you want him to repeat what he just
Christopher Poolecan you please repeat that, yeah, outside of what John is saying, which is absolutely correct, but could you repeat what you're proposing?
Unidentified speakerVoice CYes, to meet the lot size requirements, what I would be proposing is pushing this roadway to the north and to the west as far as possible to allow for the lots to be a pizza shape to support the lot requirements. And we would most likely need a waiver on the width of the lots.
Jon MoodyBrad, he also asked which section of the code prohibits wetlands to be platted within residential lots. I don't know if you've got access to the L D C right there, but
Roberto SaezI'll find it and get it for him.
Jaimie GirardiVice ChairDenise, could you address what it his statement that about a waiver to the width of the lots? I didn't know that we could
DeniseYeah, I mean there's no such thing as a lot. a waiver of lot. It would be a variance.
Right.
Jaimie GirardiVice ChairThere's no such thing as a lot with waiver, correct?
DeniseNo such thing.
Unidentified speakerVoice CThen then we would be pressing forward for the variance and initially for this uh when we went
Jaimie GirardiVice Chairto the
right-of-way.
I'm not sure how you ever can meet a criteria for a variance. That would seem to me to be A clear self-created hardship.
DeniseYeah, they would not be able to meet that criteria.
Jon MoodySo why why would I why would I vote to allow you a zoning district that could allow you to plat lots? in which One could not feasibly build on.
Unidentified speakerVoice CThe lots would have buildable area enough for the planned
Jon Moodytimes. Well I'm re talking about wells and septic systems here that require In other words, you're asking for the R three zoning district, which allows a minimum lot size of seventy five hundred square feet. You're asking me to approve that today. And it seems to me that the only district, and I I don't even think I think R one only requires twenty thousand square feet, which is still smaller than a half an acre. So I'm trying to find a reason why I would rezone this to R three when I know that even in the
R1 minimum standards, you're going to have difficulty developing this property. And I'm although I'm not gonna make the final judgment, your client maybe's got a big wallet and will spend the money to connect to utilities somewhere out there on Moon Lake Road. But I'm not really seeing how that's financially feasible.
Unidentified speakerVoice CYes, so this site does have a lot of hardships with the wetlands. I agree upon that. And the reason that you would want to vote yes on this rezoning is for the development of this site and allowing for these 11 homes to better the area and bring in more residents generating revenues for the local communities. Community and taxes.
Jon MoodyCan you put up the rezoning attachment, Denise?
Unidentified speakerVoice AYeah. call signature, shouldn't be on three agenda.
Charles GreyChairJohn, how many uh residents do you think is logical you could build on this property?
Jon MoodyHowever many he can that meets half acre lots. It's a unless he can convince me he's gonna bring water and sewer into here or
And I'm guessing after we hear from some of these people they're not gonna be too excited when the sewer runs in front of their house and they have to mandatorily connect to it and they have to give up their walls and septics.
Charles GreyChairI th I think that was a yes, they would.
Jon MoodyFrom an environmental standpoint, we might like that, but I'm sure they probably won't, so
Unidentified speakerVoice CI'm happy to hear that the residents are in favor of this. I know they are currently using it for uh for storage of of their their boats and trailers and other aspects, which I have photos of.
Jon MoodyWell right now they're They're not to question the application, you are.
Jaimie GirardiVice ChairWhat? I guess I never heard a definitive answer to Mr. Moody's question about whether the applicant It tends to connect to
To county water and sewer.
Jon MoodyCan you Well oh the reason is the comments by the way, can you guys please flatten these things when you send us? There's five thousand comments in the agenda, which is why your agenda package is moving At a snail's pace today.
Jaimie GirardiVice ChairWell while we're looking while this is being looked up, can I just ask the applicant to definitively answer the question about whether they will connect to county water and sewer.
Connected CityBecause without that connection that moots the point of going to an R
Jaimie GirardiVice ChairAnd it seems to me to be a threshold question for this application.
Unidentified speakerVoice CYes, so we would need to evaluate the offsite improvement cost um for bringing in those utility lines.
Connected CitySo are you proposing that we continue this until you evaluate this cost?
Roberto SaezSo it's approximately seventeen hundred feet.
Jon MoodySeventeen hundred feet.
Roberto SaezAnd it probably more than that. There's that's kind of as
Jon MoodyAnd it's on the opposite side of Moon Lake Road, correct?
Roberto SaezCorrect is plus a
Jon MoodyYeah. I d we haven't shown the utility map, but in Moon Lake east of Moon Lake Road there are no utilities, never have been any utilities.
Unidentified speakerVoice AWell
Unidentified speakerVoice CI mean so the seventeen hundred feet I believe we did pass that by the developer initially and he didn't have an issue with that. However, I do know that well and septic if it's already there in the the area and to be consistent, if we um had the well in septic laid out in a manner that meant all the requirements of a seventy five foot separation distance between the two. Um I don't see
a reason why we couldn't utilize the
Jon MoodyFlorida Administrative Code sixty two six requires a half acre lot.
Unless you were platted before nineteen seventy two.
Unidentified speakerVoice CAnd so then it comes down to that uh LDC for the the
Jon Moodylots having wetlands within the lot. But that's not allowed by our land development code.
Unidentified speakerVoice CCorrect. And and that so now for that
Mm. That that would have to be a a variance request for due to the hardship of the site. But it can't be a
Jon Moodyself created hardship.
Unidentified speakerVoice CUh well the site currently as it's zoned is allowed for um more units in density lots than what we are utilizing. So I would say that this is a land right
Jaimie GirardiVice Chairhardship. Unless you want to shut down down.
Jon MoodyAre
Unidentified speakerVoice Cyou an engineer or a land use attorney?
I am actually a EI working under the responsible charge of Michael Hoffman.
Jon MoodyOkay, well I'd like to give you some advice and I'd advise that you not try to practice land use law, you stick to engineering under the supervision of your supervising P E.
Land use determinations fall within the law and thank you for getting this attachment. I wanted you to see this because one of the things that I'm asked to consider is whether the I think it's number nine, the property as rezoned can be developed in a manner which would comply with other existing county and state regulations governing development. So that's the question I have to answer to myself. So you're gonna need to convince me that number that that I can Feel confident you're gonna meet number nine if you
want me to vote to rezone this.
Unidentified speakerVoice CThen we may have to reduce the number of lots to to meet that requirement there. Um dependent
Jon Moodyupon all the variables. So then we wouldn't need to rezone the property if you needed to provide half acre lots.
Unidentified speakerVoice CThat is correct, yes.
Jon MoodyThank you.
Jaimie GirardiVice ChairAll right. John, do you any other questions? Well I guess I'd like to hear where the Does the applicant still want to proceed with this application?
Unidentified speakerVoice CToday.
Uh it sounds like uh we have understanding of where the community and where um the board members do lie on this aspect. And we initially um made a determination that we may not need to rezone in order to get this uh through. However, we wanted to go through the MPUD process, which which staff then recommended Euclidean rezoning. So now we'll just go through the typical PSP-FSP
process.
Jaimie GirardiVice ChairSo so are you withdrawing? So are you withdrawing the rezoning request?
Michael HoffmanCan we postpone it? This is Mike Hoffman, the PE. Can we postpone this decision until we get back with our client to see what direction they would like to go with?
Jaimie GirardiVice ChairWell that's up to the Planning Commission about whether they want to continue it. Um but there's a lot of residents here that have shown up to speak on this application. So if we continue it, they're all gonna have to show up again. If you would draw it then
Unidentified speakerVoice Cthey don't let's move forward. Let's move forward and uh and work with the the the residents and see what that says.
Charles GreyChairWell, mm let me just tell you this. I I I think you I think you know the flavor of the board and you know what the
And um As Chairman M I'm not I don't have the final say, but I can tell you this. that I am not going to vote to continue this. uh to another date because I don't think it's fair. Think you should have come become come prepared. You should have known about the sewer and water issues. These are things that Um We we don't need to waste our time on. And uh So I think if you wanna take another shot at it then you're just gonna kinda come back through
the the gate. And be ready to
And so that would be my Suggestion to my to this board. And I'd like to hear a motion.
Jaimie GirardiVice ChairWell you the the problem is you can't Act on the application without hearing the public.
Charles GreyChairBut I can
Jaimie GirardiVice Chairtell you I have the
Charles GreyChairsame sentence.
Jaimie GirardiVice ChairBut I
mean
if he's willing to withdraw, then you don't need to hear from the public. But if he wants to proceed
Charles GreyChairbut let me just say this then.
Did there anyone? That's here to speak from the public that would object. if we turn down this Application.
Unidentified speakerVoice DNo, no, no.
Charles GreyChairIs it anybody would does anybody want to speak if that's our inclination?
Jaimie GirardiVice ChairWell I think you I think in my opinion. I think your opinion is
Charles GreyChairimportant.
I
Jaimie GirardiVice ChairI If there's anybody that wants to add a concern that has not been previously raised by Mr. Moody I think you need to let them speak because the applicant needs to have a chance to address the concerns. He's he he's heard m they've heard Mr Moody's concern, so they have a chance to speak to it. But it's possible some member of the public has a concern that was not raised by Mr Moody. I think if that's the case you need to let them speak.
Charles GreyChairIs there someone who would like to raise something more than what Mr. Moody has raised? that has not had a chance to speak. What I don't want to do. Because I don't want to go through another three hours of listening to people It's com compliance. And then come up with the same result. So
If you want to speak, please come forward.
Jaimie GirardiVice ChairIs the applicant done with the presentation?
Unidentified speakerVoice CYes, we're done with our presentation. I'm going to call the developer and see if you would like to move forward with the offsite improvement costs.
Jaimie GirardiVice ChairOkay, but you still need to have somebody listening to the public if you want to rebut them.
Jon MoodyHave you determined that there's capacity available in the system? I mean have you spoken with our utility department?
Unidentified speakerVoice CWe have not gone through that process as of yet how
Jon Moodyare you gonna I'm just asking you as an engineer, how are you gonna advise them of that cost? And you don't know what that cost is. You don't even know if there's capacity available in the system.
Unidentified speakerVoice CThat that is correct. Um and through other jurisdictions we've we've had to conduct the utilities aspect further down the road and they weren't allowing us to do it at this point. But if you're allowing us to do that, we'll start um going through that process early on.
Jaimie GirardiVice ChairSo I I know you have a s gentleman ready to speak, but Mr. Tippin's been trying to speak to Oh Brent, I'm sorry.
Roberto SaezPlanning and development. Um yeah, no, I just wanted to answer the question about the L D C code. It is eight oh five point six that has the restrictions on wetlands and lots.
Jon MoodyThank you.
DeniseAnd then I also want to add that for the record there was a pre-application meeting that was held that all these things were explained to the applicant during that time.
Jaimie GirardiVice ChairSo And I'm gonna add one more thing, which is that This is a Euclidean rezoning, so you can't condition it. But I guess in theory the applicant could agree to a deed restriction that mandated that they connect to county water and sewer, but that's something they would have to offer up. I have not heard them definitively offer that up. But we'll see if they do that during rebuttal. So go ahead and sir. Sorry, to move in your head.
Go ahead. Please, your name and address, please.
Unidentified speakerVoice DDavid Wallace, [address removed]. First of all, it's not speaking I'm speaking for myself, but the majority of our residents we reject The county's uh future land use of R three. We are a historic R One community. Yeah, we are a mature community within R1. We're comfortable with that zoning requirement. We reject this attempt to change. uh from R one to R three for multiple reasons. The list that you have on the on the board I would like
to add to that. We also believe that items one, two, five, twelve, fourteen, fifteen, sixteen, 18 and 19 also apply, uh, and I'll quickly read those. The proposed change is not consistent with the existing land use pattern in the area. The proposed change would result in possible creation of isolated district unrelated to the adjacent and nearby districts. The one farther south of that is zone uh R4. Which is very high density. Our only buffer
is an R one and if you change it to R three, you're gonna reduce our buffer from the impact of an R three. R three triggers the utility thing that was brought up before. That's why they want it to go to R three. We do not want the utilities forced upon us. We want it to stay that buffer. That's why we w we demanded you keep it R1. Uh certain proportions of the property are not suitable for development under the proposed zoning classifications. The property is developable, developable
currently under the zoning classification of R1 without appropriate public facilities, including but not limited, water, sewer, and electrics. Uh the site proposed for zoning change would be the subject of flooding and affect such flooding on the proposed or possible improvements on the site. The physical characteristics of the site and the degree of the site alteration would require make the site unusable for any of the of the range of potential uses for the proposed zoning classification. The proposed zoning change would
not be consistent with the goals, objectives, and policies and recommendations set forth in the adopted comprehensive plan. The existing zoning classification accomplishes a legitimate public purpose.
Your biggest concern is our biggest concern. We don't want R three because of the utility encroachment upon the R one. We need the R one as a buffer from the future development that the county's planning on the southern property. So we request highly that you reject this uh change to zona. Okay, thank you very much.
Cindy LangHi. Hi. My name is Cindy Lang. Oh, could you put up that thing showing the wetlands?
Charles GreyChairMiss Lang. You want to pull that mic down just a bit. There we go. And we need your address too.
Cindy Lang[address removed], which is on Moon Lake, directly across the street from the subject property where the water flows in a drainage easement. Over to the said property. goes onto that property into the wetlands. You cannot see that drainage, the water, from an aerial photo because of the canopy of the trees. That water flows when the lake level gets high during a rainstorm, s you know The hurricane. And
without that drainage ditch, which is considered a critical linkage, That lake's gonna rise causing property damage, lake everything you can think of. if you do not protect that ditch that goes over to that wetlands That ditch We'll stop the lake. From Very new. This has been mislabeled by the county. Um the correct cas uh classification
for the lake has not been reviewed from the critical linkage in twenty ten, I mean excuse me, twenty twelve and nineteen ninety-eight when the county bought up all that property, abutting it. that we missed getting reviewed.
Federal government and the state government. Presently the property appraiser search is incorrect. Line three, use code for the five acres is coded ninety six hundred V. With a description of wasteland. The zoning with an O O R one. Why would you develop a wasteland? Um it should have been coded 9604 wetlands. The drainage ditch
easement is coded 9600 V with a description of wasteland. And zero, zero R One. How can you develop that ditch and put a house on it? and it should have been coded ninety six oh four Wetland Critical linkage. This property should be coded as a protected habitat under the federal and state endangered species, which includes these species. Otters,
snapping turtles, soft shell turtles, little heron,
white horned ibis, sand hill cranes, bald eagles. The federal government, um, the Army Corps of Engineers, if you have a wetlands and you're gonna put concrete on that wetlands, they require a hundred foot buffer. We only require a 25 foot buffer. But the Army Corps of Engineers says you have to be a hundred feet from a wetland. We have missed classifying our lake as a category one lake. With a category linkage,
which is called a critical linkage, to a critical linkage weight wetland oh excuse me, wetlands. That wetland is critical for the drainage of that lake. We missed it on every record I searched. I searched the databases of the fish and wildlife to see if we met uh on any of their categories and we don't. Based on the National Wetlands inventory, the present classification for Moon Lake is L-I-U-B-H. which
is inaccurate. I'm sorry, your L U I B time has expired.
Jon MoodyIs uh is it your testimony That there is a direct connection between Moon Lake and this wetland.
Cindy LangYes, you can't see it. See where that starts at Moon Lake? My house is right across from it. I have pictures of the drainage lake.
Jon MoodyThat that right there?
Cindy LangYeah. You cannot but you can't see where it flows out of the lake 'cause there's a can a tree canopy above it. It goes under the road, it goes under Lacey Drive and comes out on the subject property. Which you still can't see until it gets to the wetlands because the ditch has a canopy over it. Aerial wise Uh the county didn't screw up because if they look at the aerial pictures, you can't see. that it drains from the lake. It's always drained from the lake. And
Yeah. This is this is a critical thing. If you don't have that drainage going, you won't have a wetlands.
Jon MoodyUh I understand that and One of the things I didn't mention earlier is that Moon Lake is listed by the Department of Environmental Protection as a water body water body not attaining standards. It's has an excess of chlorophyll A, which is usually caused by nitrate. And I didn't bring it up because unless the applicant was going to discharge directly to the lake. it may be a non-issue, but if there's a direct connection between the lake and this
wetland, then I would say that is an issue. Um and that's going to require an additional level of stormwater treatment, nuc nutrient reduction when you get to Swift Mud. And our county rules are the same as Swift Mud, so you'll need to do it for us too. So and
Cindy LangI make oh Can I make another comment?
Charles GreyChairI would like to
Cindy Langbe up
Charles GreyChairto the Chairman Mariano. If if there's another question, yes. Otherwise your time is expired.
Cindy LangWell the property
Charles GreyChairwith
I don't have a
Jon Moodystatement and I just you know I have to be fair. I'll provide this to the clerk. This is a map showing the water is not attaining. Useful information and we thank you very much.
Cindy LangCan Can I um submit the documents, the maps I showed?
Charles GreyChairYou you can, yes. You can do we have a motion to Move to receive and file. Second. Receive and file. We have a motion to second. Further discussion? All in favor? May I mean to give it to the clerk. Yeah. We have to receive and file. Okay. Thank you.
Cindy LangThank you.
Charles GreyChairYes sir.
Unidentified speakerVoice BI live at [address removed].
[address removed]. Uh if you could bring up those Pictures again. Oh the roads.
Charles GreyChairRandy? The actual photographs?
Unidentified speakerVoice BI live at the corner of that. And
Charles GreyChaircan we get those pictures on there?
Unidentified speakerVoice BThe very left hand corner. And uh What [address removed], we just came up on the
Raise it just a little bit. Oh, the other way. Yeah.
What's your address, sir? [address removed].
Charles GreyChairZero five zero.
Jaimie GirardiVice ChairI see it right down there. Right there. Yeah. Right there. Okay.
Chris Williamsat the
Charles GreyChairmicrophone. Yeah, you have to be at the microphone.
Jaimie GirardiVice ChairWe we have we have it up here now. We know where you're here though. Sir. Yeah, we see it. We see it up here. We
Unidentified speakerVoice Bwe just need to hear you at the microphone.
Okay. Okay. I've been fighting since early eighties. about to get that ditch cleared out. So it drains into that wetlands. Okay. Um Just in the past two months or three months They have approved that drainage to be cleaned out. Um they have never recognized it up until just recently. That it was their response your responsibility to do it, which is um there's a drainage
dish there. That goes from The was that the north side Of Randy Road till Under Under the Road. And then where that light spot is right there. Mm-hmm. There's uh Twenty five foot easement. That goes back in across all that property and into the wetlands right there. Okay. And um it's Detrimental to my Livelihood. I've flooded three times. Um
We don't need any more property being sold for Change in the Codes.
Charles GreyChairOkay, thank you very much. Any questions? Okay. Anyone else?
Can you have your name and address? Yes.
Unidentified speakerVoice EI'm Mary Jane Day. I live at [address removed]. I've been there twenty three years, moved from Pinellas to get away from And where I'm at, I'm one of the oldest houses on the lake. We have a big sea wall, whenever it floods, It comes up over the seawall and I call the county. They close the park down. And it flows out through that property. That is a king pin property. to drain our lake. all of the properties around the lake. are
zoned to drain into the lake. I have two houses on the lake. One my house next door they just put a ditch in to drain all the back roads into the lake. We have all kinds of piping that comes into the lake. All the ditches around the swamp heads, they fill up with water, they drain into the lake. That's the only out. And that's a b a big necessity for us. And what it does is it takes it through those wetlands Down through hidden lakes, To the Pithlacucci. Okay. And that's why
it hasn't been developed in all these years, because that's the main drag.
Charles GreyChairOkay. Thank you.
Anyone else? Any per other person?
Unidentified speakerVoice AOkay.
Charles GreyChairUh he beat you to it. Yes.
Unidentified speakerVoice FSam Dam, [address removed]. I think you pretty much answered our question. I mean if they abide by what you said, they have no room without the septic and well going in, so they have to decrease the size of the lots or what. I mean, make 'em bigger so there won't be as many houses in there. But I'd like to ask the commissioners, w what are you going to do about Moon Lake Road? I mean, we can't get out now. You should have put the entrance to that down at Lacey instead of abiding across the street where the homes bring in more money, I'm sure.
But We eight minutes I sat there one morning trying to get out. I bet if you lived out there you wouldn't like that at all. So I'd like to know what you're gonna do about that road that go along with all this development. You've got two housing additions going in, one townhouse and one of a hundred and fifty homes farther north on Moon Lake Road. You gonna put all them houses in and then then you gonna make the road or what are you gonna do?
Jon MoodyWell
Charles GreyChairwe
Unidentified speakerVoice FThat's what I'd like to know. Okay. Well we're not the road
Charles GreyChaircrew.
Unidentified speakerVoice FWell, I think that ought to be considered too, because we can't even get out of our audition now. You sit there and eight minutes we've timed it several times that we've been there as long as eight minutes to get out of our road. Now, if they'd a moved that light down one more block to Lacey, where everybody across the street could have come to their middle entrance, Hell it have been a lot simpler, but that doesn't make any sense, does it?
Connected CityI know there's improvements set up for for Moon Like in the future, but we're not but we're not but we're not the board that oversees
Unidentified speakerVoice Fthat unfortunately.
But what you said, sir, is that the property is not suitable to put that many homes in. So go back to the original zoning and uh Put four homes in there and We'll all be happy.
Unidentified speakerVoice AMm-hmm.
Charles GreyChairOkay.
Here comes one of the fa most famous men in Pasco County. I wish, I wish.
Jeff MontgomeryMy name is Jeff Montgomery and I live at [address removed]. That's [address removed], with my wife for 20 years. I apologize for my attire, because my wife and I both are self-employed, and we both felt so strongly uh to oppose this that we both took off work. No work, no pay. And
It's been so nice out there for the past twenty years that we live there. You know, in the morning having a cup of coffee, afternoon maybe a cold beer out back. You see the deer, the wild turkey. We even had a three or four foot alligator out there one time. So, you know, I mean the the thing is about the nature out there. But you know, now be looking at a concrete wall or a vinyl fence by a retention pond that's adjacent to my property. By the way, where is the weir going to be located on that? Because the way I understand, they're not allowed to dump their
water onto my property. Okay, and uh this is a rural area, not the place for multifamily homes Apartments or townhomes. Plus as like what Sam talked about, the extra traffic, you know. You're talking, you know, another hundred cars out there if they get that changed over. But You know, what's next? Another red light that at whose cost? You know, the taxpayers, and that's y'all and us. Instead of the developer. So, you know, if if all he wants to build
is those houses, why is he going to change it to an R three from an R one? Thank you very much.
Charles GreyChairThank you, Jeff. Thank you. Anybody want the Bush Hogan done, that's the man they do it right there, I tell you.
Okay.
Okay. Anybody? Rebuttal? Okay. We have uh we're ready for rebuttal, I guess.
Oh, we got one more.
Lisa CarterMy name is Lisa Carter and I reside at [address removed] in [address removed]. My thing is, how are we gonna do all this infrastructure? It's a well area. I saw four well drills this year alone, just this year alone from my neighbors. Uh one on the the corner of Randy and Lacey, my neighbor across the street. She had a well only like six, seven weeks ago, and then my neighbor
behind me had a well. My neighbors on the on the right side of me had a well. Where's all the infrastructure gonna go? And I love the nature and I would like to make it that way. Thank you very much.
Charles GreyChairOkay. Thank you. Thank you for coming.
Okay, one last r ask. Anyone else?
We got one more, it looks like.
Yes sir, if you could state your name and address.
Unidentified speakerVoice GHerb MacFarlane. I live at [address removed]. [address removed]. My concern is several. I know you've all heard the same thing before. But uh the traffic is horrible out there. Now, and you want to put more out there? As far as the land goes
You bought it as Zone one. We need to leave it as zone one.
One life. I have a turtle. She's that bigger on. Comes across my property. All of her offspring. He was born back here. Thank you.
Charles GreyChairYeah. Okay.
Okay.
If not.
Uh we would like to hear the rebuttal, please.
Unidentified speakerVoice CYes. And this is Alex again. I've taken notes of everyone's concerns. And Julie noted them. Okay. In regards to the consistency of the site, the current zoning is R1, whereas the future land use is R3. We are utilizing a Euclidean rezoning for R3 zoning designation, whereas the budding property to the south.
The future land use is res 6 and the the zoning is R4. So for the consistency, we are abutting that property and we're still providing buffering to the adjacent homes being that we're using R3 instead of R6. So we are going to be continuing a zoning buffering and following
consistency. As for the flooding,
It has been duly noted that there is a drainage easement and that there is currently a drainage ditch from the lake to the wetlands. We will be working with our environmental team in regard To those aspects, and then additionally working closely with the stormwater department and our civil engineers to meet all the code requirements for the SWIFT MUD permitting of this site
to ensure that no flooding takes place.
As for uh the gentleman with the the home backing up to the retention, we are not looking to have a concrete fence. Um As for uh we wouldn't be meeting all the requirements in the stormwater manual uh of a believe a six-foot fence in that location. Um However, we have strategically designed this so that you don't have a roadway to the back of your home. Um as I had previously
stated the redesign approach that we would take. Um and this way you still have green space behind your home with a a pond. And And the the back of other homes as other homes across the street have in your area, which is consistent and conforming to the vicinity. And as for the weir, our overflow weir and drainage would all go towards the wetlands in the middle, um,
meeting all the requirements set forth in the stormwater manual.
Um as for the comment in regards to regular zoning and keeping it regular zoning and putting four homes, the current R1 zoning has a density intensity of 2.2 dwelling units per gross acre, which technically would entitle this site to a density of 26 total lots. Whereas we're using less than half of that.
Okay. And then
I believe that meets all of the comments and concerns that uh I've taken note of.
Jon MoodyOkay. All right. I'm gonna give make a comment to you. And then if you're gonna come up and make such pronouncements about the density, you might wanna read our comprehensive plan and learn that you don't get to count wetlands in the density.
Unidentified speakerVoice CYes, so i in that case if if that is the case, um Ava, do you mind telling me the acreage of this site that's not wetlands?
Ava RussoWe would be allowed sixteen more.
Jaimie GirardiVice ChairSo can I ask a follow-up question to that then? So if you're confident you're allowed sixteen homes, then why do you need to rezone this?
Certainly
Ava Russofor the lot sizes.
Unidentified speakerVoice CYes, we initially went through to go the M PUD process to have flexibility.
Jaimie GirardiVice Chairunder the current zoning, correct?
Unidentified speakerVoice CThat is correct.
Jaimie GirardiVice ChairThen why do you need to rezone it?
Unidentified speakerVoice CWe don't. We're we're just looking for flexibility, that's all.
Charles GreyChairMm-hmm.
Jon MoodyI'm gonna make a suggestion.
You can either move to you can either voluntarily withdraw your case. Or I can make a motion to deny your case.
Unidentified speakerVoice CAnd before I answer that, I would like to state I spoke with the developer and he has ensured me as he had done previously that he is okay with doing the or polling the off site improvements of the utility seventeen hundred linear feet. Do we know that there's capacity
Jon Moodyfor that?
Unidentified speakerVoice CThat's something we'll need to work with your jurisdiction and it sounds like uh you would like to move forward. I appreciate everyone's time. Um so in this case we will withdraw for the current moment and re-evaluate
with uh your utilities and get back with you in regards to the direction we take.
Jaimie GirardiVice ChairWell sir, just to be clear, you there's no such thing as withdrawing for the current moment. If you're withdrawing the application, you're withdrawing the application and then refiling it whenever you Do all your research. Is that what you're doing?
Unidentified speakerVoice CUm that that looks to be the direction that we will take uh if
Jaimie GirardiVice ChairSo so that's a yes that you are withdrawing the application?
Jon MoodyAnd do you have authorization from your owner to do that?
Unidentified speakerVoice CI don't have authorization as of yet and also I need uh Let's
Jaimie GirardiVice Chairback up let's back up.
Unidentified speakerVoice CWho is the authorized agent
Jaimie GirardiVice Chairfor this application, Denise?
Unidentified speakerVoice CMr.
Jaimie GirardiVice ChairHoffman. Michael, could you have regards to this? Mr. Hoffman is the authorized agent?
Michael HoffmanThat's correct.
Jaimie GirardiVice ChairIf he's the authorized agent, he has authority to withdraw the application. So
Michael HoffmanSo the main thing I I would I'm I've just been absorbing every all the comments uh and the only the owner has communicated to us that he's willing to pay for the utility Uh on seventeen hundred feet. to to access that the only Open item here is Is there sufficient capacity in the system for this?
So if we if we do not withdraw it Then your position is you're just gonna deny it? Is that what I heard?
Jon MoodyWell I might.
Michael HoffmanI'm thinking
Jon Moodyabout it.
Jaimie GirardiVice ChairWell, sir, to b I'm not sure it's accurate to say you're asserting that that's the only open item. Okay, but That's your Yeah. That doesn't mean that's a correct argument. So
I your your own expert just testified that they don't need to rezone it. To get sixteen lots. So I'm not I'm not even sure you've established a basis to rezone the property at all.
Connected CityWe we have to make a determination today based on what you have given us. If we don't have all the information that we need to make a determination, then how can we approve the application. If if that even if there's one open item about capacity, that's an open item about capacity, how can we approve that application if that one item's open, even if there are even if that's the only one.
Michael HoffmanIs there a provision to pro to approve with a contingency to verify that?
Jaimie GirardiVice ChairNo, we can't we cannot condition a Euclidean rezoning request. We could if this was an MPUD, but we it's not. You I mean you can Volunteer deed restrictions, but
I'm not sure that You you're You're implying that the only open issue here is the utilities. I'm not sure based on the right-of-way. the comments I've heard today that that's the only issue.
Unidentified speakerVoice CAnd sir, it I believe I have answered all the concerns and comments um with a appropriate manner to Okay, with
Jaimie GirardiVice Chairall due respect, I asked you If you can get sixteen lots under the existing zoning, why do you do why do you need to rezone it, your answer is I don't.
Unidentified speakerVoice CWell we do need to rezone it in order to have the lot sizes that we were.
Jaimie GirardiVice ChairSo then were you lying when you said you could get sixteen lots under the existing zoning?
Unidentified speakerVoice CFor the the hardship of the geometry on site. We we cannot fit the the the lock count. So in term in that term, yes we would need to rezone. For the density sake, we do not need to rezone.
Michael HoffmanWell Alex uh with with due respect, I think they brought up the fact that you cannot count the wetlands in part of that density.
Unidentified speakerVoice CCorrect. And using only uplands, we have sixteen dwelling units.
Jaimie GirardiVice ChairI asked you whether you could get sixteen. You s you testified that you can get sixteen dwelling units under the existing zoning. That includes the existing lot sizes. If you're testifying if you're testifying to the Planning Commission then you can get sixteen units under the existing zoning, that's all the existing zoning. That's not just the The density, that's lot sizes, setbacks, that's everything. So were you lying to me? Were you lying to the Planning Commission when you said that you could get 16 units
under the existing zoning?
Unidentified speakerVoice CI was not to clarify to clarify I was speaking in regards to the density, um not for all aspects of
Jaimie GirardiVice Chairthe That wasn't my question, sir. My question was, can you get sixteen lots under the existing zoning? You told me yes.
Unidentified speakerVoice CNo, I no we cannot.
Jaimie GirardiVice ChairSo we so were you lying then or are you lying now?
Michael HoffmanSir that uh the the the word lying is a little strong. I think he w he learned a few things about what's counted in that and so I think he's restating his position. I don't think he's perfectly lying. You know me
Jon Moodydid you guys terrifying you guys need to go back And you need to reevaluate what your job is as an engineer. Your job is to engineer a solution. Right now you're attempting to practice land use law. And you're not doing a very good job of it. And it took me a long time. I've been doing this, I'm in my 29th year this year as being licensed as a professional engineer in this state. And
a lot of times I say that engineers are underpaid land use attorneys, but we all ultimately have to figure out that we are not land use attorneys. My job is one of a technical nature, and so is yours. Leave the land use law to the land use attorneys. And I would tell you that there's a very nice lady sitting in a green dress in the audience out here that could probably give you some advice.
Charles GreyChairGod.
If you wanted to.
Michael HoffmanAnd so let me uh
So I recommend, Alex and Ava, that we withdraw this, get back with our client, revisit all the requirements, and come back at a different day if that should be the case.
Jaimie GirardiVice ChairOkay. Sorry I gotta I gotta be clear with you. Okay.
If you're withdrawing the application, that means you're withdrawing the application and you refile a new application for whatever you think after you've done all your homework, if you want to refile it as an MPUD or something else. That's that's a withdrawal of the application and it's a refiling of a new one. Okay. You can't temporarily withdraw something. Are you are you asking the Planning Commission to approve this or continue it? What are you asking the Planning Commission to do? Or withdraw. Pick one
of those three. How about that? Are you withdrawing? Or are you asking the app the Planning Commission to continue this or approve it?
Michael HoffmanIs that two or is that three?
Jaimie GirardiVice ChairSo I'm giving you three choices.
Jon MoodyThat's why you ought not to practice land use
Jaimie GirardiVice Chairat all. So I've given you three choices. You can voluntarily withdraw it, in which case you are going to refile a new application if you still want to proceed with something other than R one. Or you can request the Planning Commission to continue it or approve it. They don't have no obligation to do either one of those things, and they could just deny it. The only one that's totally within your control is withdrawing it. So I'm giving you three choices. You can withdraw it, Or you can make it very clear to the Planning Commission
what your request is. Are you con or is it a request to continue it or a request to approve it today?
Ava RussoMichael, I think we should move forward with withdrawing it. So just say that we want to withdraw.
Unidentified speakerVoice CMy my my suggestion is a continuance so that we can extend this to another time.
Well
Jaimie GirardiVice Chairwho
Jon Moodyspeaks for the applicant?
Jaimie GirardiVice ChairSo m it's Mr. Hoffman's the authorized agent. I would so so So we're
Michael Hoffmanwe are going to withdraw this. Mm And rethink this whole thing. So we are withdrawing this application.
Jaimie GirardiVice ChairIs that Mr. Hoffman speaking?
This is Michael Hoffman, PE speaking. And you are the authorized agent. I'm the authorized agent. Okay. Very good.
Thank you. The application has been withdrawn. No further actions required.
Charles GreyChairYou should have all stood when you were applauding.
Okay. Well, I think that answers many questions for many of the people here. So if you'd like to stay and hear everybody else's problems, you're welcome to.
Or not.
Maybe we should run for all.
Unidentified speakerVoice AYou want
Charles GreyChaira two-minute reset? Damn right.
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Zoning Amendment (Consent) – Nguyen Thien – Change in Zoning from an R- 1Rural Density Residential District … Containing Approximately 12.00 AcresOpen this item →No recording