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1. 1Apr 10, 2024
   Board of County CommissionersP41Public hearingNo action

   Approved minutes

   No action required as this was the first hearing. The adoption hearing was set for April 23, 2024 at 1:30 p.m. in New Port Richey.

   Open this item →▶ Play from 20:48
   ▶ 20:4819m

   Starkey

   20:48Item P forty one was published in the Tampe Times on March sixth, twenty twenty four.

   20:55Good

   Denise

   20:55afternoon Commissioner Starise Hernandez, Planning and Economic Economic Worlds Department. Today we're going to go over item P41, which is Amendment 68 to the Land Development Code. Today is the first reading on the item. The it is scheduled for adoption on April twenty third, twenty twenty four at one thirty in Newport Ritchie. So I'm going to read the title and I'm going to do a presentation on the item. This is an ordinance by the Pasco County Board of County Commissioners, amending the Pasco County Land Development Code, Section 304.1, types of

   21:25public notice. Table 304-1, required public notice for development approval applications. Section 402.1B, Zoning Amendments, Euclidean, Submittal Requirements, Section 404.3D, Mining Operating Permits, Application. Application requirements, Section 404.4 D, construction, demolition, debris, disposal facility, operating permits, application requirements, Section 404.6 C Yard Trash Processing Facilities, Application Requirements, Section 406.1.6, permanent signs exempt from obtaining sign permits

   21:56and temporary signs. Section 406.5. Right-of-way use permit application requirements. Section 406.8. Plan permits application requirements, section 511.6, RMH Mobile Home District, Yard Regulations, Section 518, 511.8, RMH, Mobile Home District, Street Streets and Roads, Section 803.2, Listed Species, Impacts of Listed and Protected Species, Section 901.3.E, Access Management, Access Management Analysis, Traffic Impact Study, Section 901.3, Access Management, Sample

   22:26Management, Sale Man. Example problem number one, appendix eight definitions and other sections as necessary for internal consistency, providing for applicability, repealer for providing for several ability, inclusion into land development code and effective date. So as stated, this is Land Development Code Amendment 68. These amendments were previewed by the Horizontal Roundtable and Interested Parties on February 21, 2024. At that time they were placed also on the Pasco County website so they could take a look at them. They were presented to the Horizontal

   22:56Roundtable and Interested Parties meeting on March 20, 2024. And this went to the local planning agency on March 21, 2024, who found it consist who found it consistent with a comprehensive plan and recommended approval to the board. So we're going to start by Chapter 300 Procedures, Section 304.1 types of public notice. Again, I should mention that these are what we consider minor amendments. They're basically basically to handle some legacy issues. So in this case, in that section, we're removing

   23:26developments of regional impact as there will never be a new application for a development of regional impact. We're also removing DRI substantial. And substantial amendment NOPC, removing DRI non-substantial amendment NOPC, and NOPC from the development order amendment. Also, it adds a line for county-initiated comp plan amendments to CON conservation to be published only and county-initiated comp plan amendments other than CON to be published and posted only. The next section is section 402.1, Zoning Amendments

   23:56Euclidean. It removes a requirement to submit a wetland delineation. That is way too early in the process to be submitting a wetland delineation. We still do a distribution to natural resources who provides comments, but the wetland delineation would be submitted at time of site plan. Next section is 404.3 mining operating permits application requirements. You're going to see this quite a bit throughout. We removed traffic traffic impact study as there's no requirement for traffic impact study in our code. That was removed many, many

   24:26years ago. And we're replacing it with tagging and phasing analysis pursuant to section 901.12.

   Mariano

   24:32Mr. Chairman. Yes, sir. Dennis explained the difference between the two.

   Denise

   24:36Um so perhaps my colleague David Goldstein might be able to um pr talk about this in a better way than I will. Because we eliminated this is part of eliminating concurrency years ago. So there is traffic impact studies doesn't exist. The section that traffic impact study was under, which is 905, was actually removed from it's actually a revert reserved section, so it's no longer in the land development code. So timing and phasing analysis took took over what a traffic

   25:07impact study would have done.

   25:14And we may also have uh um subject matter expert colleagues on on the uh on the um WebEx to answer the question as well.

   Mariano

   25:24Okay. Uh Mr Chairman Mariano. On section five eleven point eight height regulations

   Denise

   25:31I haven't gotten to that yet. Yeah, just give me a few minutes. So I'm gonna move on and and whoever on that's on because this is gonna come up a few times. So whoever is on here who can explain the difference between traffic impact study and timing and phasing analysis, if you'll please chime in, I would really appreciate that. Thank you.

   Unidentified speakerVoice A

   25:48Okay.

   Denise

   25:49So again, this is again in 404.4 construction and demolitions redisposal facilities. Again, strikes traffic impact study, doesn't exist, replaces it with timing and phasing. Same in 404.6, yard trash processing facility replaces traffic impact study with timing and phasing. This next section, this is a mistake that we made when we, and I take responsibility for it. When we did the sign section, that we should have not put window signs and sandwich signs together with signs

   26:19that have limitations because obviously window signs are there as there is a promotion and that could be more than 15 days, more than that. And the sandwich style signs that people put outside of their business, that's also something that people move in and out throughout the throughout the day or after the store is closed.

   26:38Um this is again uh four oh six point five right-of-way use permits, removes traffic impact study and replaces it with timing and phasing. Same in four o six point eight garden plan permits. So this is uh getting to this next section that Commissioner Mariano was asking about.

   Mariano

   26:56Just one slide, yeah. So on the temporary signs, um I had a request from a realtor and I know we allowed signs and yards for real estate signs to go on, but I had a recent request from this person who's sometimes trying is trying to sell a home. They want to put it on a busier road to direct them in to see a home. A lot of times they're doing it anyway.

   27:20Exactly. Do we want to allow that as long as they pick up the sign? 'Cause most of them pick up the sign anyway, because they're not gonna waste the money on the sign to just direct them. Do we want to allow that so that th they don't feel that they're breaking the law?

   OakleyChair

   27:33Is that is that written in the

   Denise

   27:34That's considered an off site sign and also it's a sign in the right-of-way and those two things are prohibited in our code. The only offsite signs that are prohibited in our code are billboard signs and those, you know, that you you'll never see a new billboard sign. Thank you.

   Mariano

   27:50Okay. No more.

   27:54So again, knowing it's a violation.

   Starkey

   27:57Yeah, but I'm not sure you wanna open that door, but I I don't know that any realtor open house sign on the weekend's ever been

   OakleyChair

   28:04Think of it. We got okay.

   Denise

   28:08Okay, going to 511 RMH Mobile Home District, coverage regulations and height regulations. So this section of the code was actually silent on the maximum building height and also silent on lock coverage. So we did to make it similar to our most dense zoning district. We added that lock coverage is a maximum of 65%, and we also added similar Similarly to the change that we made a few years ago for residential districts. So if you're doing a detached modular, factory-built

   28:39modular, or site-built on RMH, the maximum height is 45 feet. It's consistent with all the other maximum heights. And then for mobiles and manufactured homes, we made that 15 feet. I did consult with my colleagues in BCS, they had suggested 10. feet but I just um made it a little bit more um open to fifteen feet for m and that's only for mobiles and manufactured homes. All the other uh dwellings would be 45 feet.

   29:09Okay, so this uh this is this next section 803.2A impacts to listed species uh removes the mention of developments of regional impacts, we won't have any new developments of regional impact, and also clarifies that zoning amendments to MPUD are the ones that require preliminary habitat assessment. This next section again removes traffic impact study and removes the mention of traffic impact study in the reference in the sample problem number one in that section 901.3.e. And then in Appendix A

   29:40definitions, we modify the definitions of window signs and temporary signs. And this is just showing the strike-through sections in case you wanted to look at any of them specifically.

   29:55And again, this is if you would just please take public comment. And there's no action by the board required today. This is scheduled for adoption on April 24, 2024, at 1.30 in Newport Ritchie. And I'm here for any questions that you may have.

   Mariano

   30:10Mr. Chairman? Yes.

   30:14Sonny can put up the pictures of the water tower? Over in Beacon Woods a while ago there was a water tower that was a real ISOR when uh Kmart went out of business years ago, it deteriorated over time. Um When you all came in They inquired about being able to put a sign up. They were gonna try to work with Florida Sports Coast, maybe Pasco County, do something nice in addition to the sign. Do you have the the pre signs where it showed this lousy condition?

   OakleyChair

   30:45Has it been recently painted?

   Mariano

   30:47Yeah, it's been recently painted now. But I I think we had some pictures sent over that showed graffiti on it down below. It showed even stuff above people climbing up that thing. Um

   OakleyChair

   30:57large water for the community here?

   Mariano

   30:58No, it just it just is just a remnant piece. It's it's a remnant piece. I don't think it's has any value or any any use as far as working. So they were contemplating carrying it down the knot. They thought that they could do something. good if they painted it. So they I think spent probably over $300,000 to go paint it. Then they go through the process, not understanding what might happen, uh they go through the process and because our code doesn't allow for this and because of the height of it, um they don't allow

   31:29it to happen. Um and I'm just wondering if we can take a look at maybe somehow allowing them to do something, it's some type of approval process through us because again they spent a lot of money on the sign, I mean on the on the water tower to make it look really good for the community, thinking they could put a sign up there that would be a little bit of U-Haul but something else for the county as well. And I'm just wondering if we want to take a look at re-look at that and add that into this to allow something to happen to bring it back to the board.

   31:58So how much did it cost to paint it? About three hundred and twenty thousand dollars. How much? One of the prices was three hundred and twenty thousand dollars to paint it. So remember you had to you had to treat it, clean it, they got the heights involved. Yeah. So th th and it it looked it looked absolutely terrible. I had many, many emails and phone calls from my residents coming out asking to do something. When it ever get painted, everybody was happy and then These guys have to spend all the money with like

   OakleyChair

   32:23Who spent the money for three hundred and twenty thousand for

   Mariano

   32:25the the the U Haw place. I mean they they renovated they put landscaping in, they dressed the whole place up. Well that

   Starkey

   32:31What's the problem?

   Mariano

   32:32'Cause right now they have a water tower that was there. They're wanting to walk. That was in terrible shape. They have a lot of complaints on it. They looked at what to do. They thought they'd be able to work with us to go do something to make it look better on for advertising for them as well as for us. And after they painted it, they were then told by staff, no you can't do anything.

   Starkey

   32:51Yeah, that's a that's a billboard. Water tower billboard.

   Unidentified speakerVoice B

   32:57It's on site, so it's it's not uh it's that's absolutely non conforming. But it is but it exceed you are correct, it exceeds Where's the landscaping?

   Denise

   33:07Yeah, but I mean

   Unidentified speakerVoice B

   33:08it's

   Denise

   33:08not it's not non

   Unidentified speakerVoice B

   33:09conforming. Wasn't

   Denise

   33:10this place required

   Unidentified speakerVoice B

   33:11to put in landscape?

   Mariano

   33:12Oh gotcha.

   Denise

   33:14This is an advantage.

   Mariano

   33:16There's an old this is just an old simulated picture of what they're looking to do with can't sell since then they put palms. Also it's a nice it looks a lot better now. Um but again, as it series, the reason they said they couldn't do anything was the tower exceeds the height and size of the county's uh land development code signed regulations. So now's the time to do that. if we're gonna have to take a look at change in it

   Starkey

   33:39mm mm

   Mariano

   33:40after I bring up the change. I I think we should. Yeah.

   Starkey

   33:43Yeah. Drive up. Drive up into Georgia. I'm taking a look at what they did to their sky. They got all the scrap up there. We can see it for miles. It's I I'm not okay with doing that. I mean, it's okay to paint it. I mean I think they should be required to maintain it and not let it um be in disrepair. Is that used, that tower?

   Mariano

   34:09It's not.

   Starkey

   34:10not, it's a banner why don't we require them to take it down?

   OakleyChair

   34:15It probably should be taken down.

   Starkey

   34:16It should be taken down. That could be a dangerous it should be taken down. Dangerous thing for the neighborhood if the metal is not being painted and maintained.

   OakleyChair

   34:25Have they checked it out to see if it's a safe structure?

   Mariano

   34:28Um I'm sure they found it to be safe. I mean water towers are all over the state and a lot of them have nice things on it. Say like welcome to so and so as they braid and they say all sorts of nice things that could be on that.

   Starkey

   34:39They could paint flowers on their trees, but Not advertising in the Skyland. But I I personally worry that is that what it looks like now?

   Mariano

   34:49No, that's what it looked like before. They've paid for now. Okay. It now looks shiny for you.

   Starkey

   34:54I just think it's campaign in such a I I think it should come down, personally.

   OakleyChair

   35:01So

   Starkey

   35:03Is that part of the We don't allow

   OakleyChair

   35:04that to have signs on us, so I mean it's been painted. Do we have something in our code that requires that since it's not in use, that it should be taken down? We do

   Denise

   35:15for our self tower. I

   35:16am

   35:16not sure it's not being used for a for a water tower, so I just don't understand what the you know the use of it is. So I mean I think we discussed this a couple of years ago that it should be demolished.

   35:31They could

   Starkey

   35:31sell it the metal for scrap. Make some money.

   OakleyChair

   35:36Yeah,

   35:37I don't know the answer to that.

   Weightman

   35:38Well I'm Chairman. Thanks, Chairman. Oh I I just have a Joe Diffie song just play and I'll rewind through the head to talking about this one of power a what? The Joe Diffie song. I don't know. Don Dare Green. It's worth a listen to after this conversation. I'm not uh I'm not looking for making a code that's gonna require this company to spin you know, to force a company to spend money to take a tower down if they don't have to or really They've

   36:09all decided it's on there, but I'm not looking to make a make the code to where they have to have an unnecessary expense. I don't know what that answer is, but being f forced to tear it down if they're not ready to or the funds aren't there for whatever period of time, you know, I I'm not opposed to them. cleaning it up. We don't have an awful lot of water towers running around Pasco County like this. I'm not necessarily opposed to what Commissioner Mariano's saying,

   36:40but I just don't want to create the code that creates an additional expense on this business. They bought a property, they've done a great job cleaning it up. They took a blighted building, right, and they turned it into something, so there's significant investment made there. Yeah just a business friendly decision is all I'm getting at. Uh

   Starkey

   36:57I mean it it should come down if it's in disrepair. If

   Weightman

   37:01it's if it's not then

   Starkey

   37:02it's fine.

   Weightman

   37:02If it's a hazard. Yeah. Take a look at it. But if it's not a hazard, it's okay. Then I think

   OakleyChair

   37:08That's just recently been painted, right? It was painting strong about a year ago? A year ago? Okay. But I w I wouldn't uh change our sign rules to make that a sign.

   Mariano

   37:18Well think about it, you you might have a thing on there. Could we say welcome to Florida Sports Coast, welcome to Pasco County, uh on the t top part of it to incorporate what they want to try to do, get a little bit of a

   OakleyChair

   37:28well then I would I would think we would need to uh

   37:33Have someone in our Then it becomes a billboard. Yeah, then it becomes a billboard, but The fact of it is we don't It's not in our code now. We don't need to make one where we're gonna end up more of these around the county that

   Mariano

   37:47was gonna do

   OakleyChair

   37:47one.

   37:50We got we

   Starkey

   37:50got a lot. We gotta keep.

   OakleyChair

   37:52Okay, we get it.

   37:55Okay. And this is a first reading. We don't have to be able to do that. So if you

   Denise

   37:59just a you know take public comment. Yeah.

   Starkey

   38:02And Mr. Chairman we do not have anyone signed up and no one on WebEx. Okay. But if you want to make

   OakleyChair

   38:07it

   38:07a little bit more,

   38:07is there is anybody here wish to speak to this item? If so, come forward.

   38:14See a no one? This was the first reading so nothing else for us to do on

   Denise

   38:21Yeah. Set for adoption on April twenty-third, twenty twenty-four at one thirty in Newport Ritchie.

   OakleyChair

   38:25Okay.

   Denise

   38:26Thank you.

   OakleyChair

   38:28So at this time uh Mr. Feinside, would you uh go through procedures on public hearing?

   Unidentified speakerVoice B

   38:35Be happy to, Mr. Chairman. There are two rezoning agendas, regular and consent. Staff will present each application to the Board of County Commissioners. If staff or Planning Commission recommended approval. and there is no opposition, the application will be considered by the board without further presentation. If staff or planning commission has recommended denial or if there is opposition to the application, the applicant will be given five minutes for presentation, the opposition will be given three minutes for each individual or five minutes for a group representative.

   39:06and the applicant will be given three minutes for rebuttal. Any individual disagreeing with staff or planning commission recommendation, or anyone wishing to object to any condition of the rezoning, may at this time request the petition be pulled From the consent agenda. in which case that application will be heard under the regular agenda later on during the meeting. Otherwise all rezoning applications on the consent agenda will be approved by a single motion and vote. If you wish to speak to any petition, please give your name and address and

   39:36whether or not you've been sworn for the record. These are quasi judicial public hearing. The law in Florida is that mere public support or opposition of an application is insufficient for this board to take action. Please limit your comments to those criteria found within the board's land development codes. Madam Clerk, would you like to swear the public in?

   Starkey

   39:55Yes. Um if you're here to speak on any of the items in the afternoon, please stand and raise your right hands.

   40:09Do you swear to d d do you swear or affirm that the testimony you're about to give is the truth, so help you God. Thank you. You may be seated.