Zoning Amendment (Regular) – Life Church MPUD Master Planned Unit Development – Victorious Life Assembly of God, Inc. – A Rezoning Request from an A-R Agricultural-Residential Zoning District to an MPUD Master Planned Unit Development District to Allow 122 Single-Family Detached Residential Units on Approximately 41.80 Acres
What the county recorded
Staff recommendation
Approval with Conditions
DispositionContinued
Continued to the June 8, 2021 Board of County Commissioners meeting at 1:30 p.m. in Dade City.
The source document
The county’s agenda for Board of County Commissioners, May 18, 2021
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, May 18, 2021
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDD-21-7504 in full →PDD-21-7504 was taken up 4 times between Mar 25, 2021 and Jun 8, 2021, continued 1 time — this is appearance 3.
- Mar 25, 2021PlanningPC1▶No disposition in the minutes
- Apr 22, 2021PlanningPC3▶No disposition in the minutes
- May 18, 2021BoardP61▶Continuedthis item
- Jun 8, 2021BoardP84Withdrawn
What was said
Machine transcription of 32m of recording, with speaker names inferred from voice matching. 83% of 200 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Item P sixty one was published in the Tampe Times on March tenth, twenty twenty one.
Good afternoon everyone. Tammy Snyder Planning and Development. Um, this is a zoning amendment. Life Church MPUD Master Planned Unit Development, Victorious Life Assembly of God Incorporated, a rezoning request from an AR Agricultural Residential Zoning District to an MPUD Master Planned Unit Development District to allow 122 single-family detached residential units on approximately 41.80 acres.
Yeah. Comes to you with a recommendation of approval and I do have a PowerPoint.
Alrighty. Life Church, M P U D. There's a location map. It is just on the east side of Old Pasco Road, just a little south of Overpass Road.
Proposed as a rezoning request from an AR zoning district to an MPUD to allow one hundred twenty-two single-family detached residential units. Next slide. Also requested are variations from the LDC, Neighborhood Park Landscaping. The applicant wants to install the landscaping internal to the park rather than around the perimeter. Uh neighborhood park acreage, the requirement is 1.22 acres, the request is 0.7 acres. Um payment into the sidewalk fund in lieu of construction of the sidewalk
on Old Pasco, seeing as how old Pasco is currently being widened. Um and then allowance of an additional 10-foot lane at the entrance for emergency access. There's also a proposed emergency access to the south of this project, which will be utilized if and when the roadway to the south, uh Blair Road, I believe it is, is constructed. However, at the time of site plan approval, emergency accesses will be reviewed and additional emergency accesses may be required elsewhere, regardless of the subject. Mm-hmm. Next slide. And
here's her master plan. Next slide.
All right. The Planning Commission heard the item at the April 22nd, 2021 meeting and voted to recommend approval with amended and added conditions of approval. Um first of all the park landscaping. The Planning Commission recommended re approval of the cr request. And the intent of this section of the code is to create an aesthetically pleasing atmosphere, which internal landscaping will achieve. And it creates a more open and inviting space rather than a space that can appear segregated and also obstructing the view of um children playing,
you know, with fencing or plantings. could possibly create a safety concern. The park size, the Planning Commission recommended approval of a park no less than 0.9 acres, as you know the request was 0.7, and it must have at least three amenities installed. And the intent of the neighborhood park requirement is to create recreational opportunities. And this park with the addition of a minimum of three amenities will certainly provide recreation. Uh paying into the sidewalk
fund, the Planning Commission recommended approval of that. Of course, as Old Pasco Road is being constructed, it wouldn't make sense for them to construct a sidewalk just to have it torn up and reconstructed. Uh the emergency access, the Planning Commission recommended approval of this request as well. Um LDC section 901.3 does allow for an extra 10-foot lane at the entrance of a project to serve as the emergency access. However, as I said, the conditions state that the proposal will be reviewed further at the site plan review stage. And
then um their added condition about pond fencing. The Planning Commission recommended addition of a condition to require fencing around the stormwater ponds for safety. The land development code only requires fencing in certain situations, such as wet ponds that have banks with slopes greater than four to one. On this project, the Planning Commission has requested that all ponds be fenced regardless of slope. This has not been imposed on other similar projects, and the Planning Commission did not provide any unique factors
of this site that would justify that requirement being applied here. When not applied on other projects. And additionally, fencing can potentially cause issues with proper pond maintenance and may become unsightly, which could have the potential to devaluate properties in the subdivision. Next slide. The subject parcel currently reflects the original zoning district of AR and it's a just under 42 acres of vacant unapproved land. And the LDC does specify that variations from the code may be
reviewed and approved by the Planning Commission and Board during the public hearing held on the application for which the MPUD for an MPUD zoning amendment. And variations are allowed where the BCC specifically finds in that particular case that the proposed variations meet or exceed the intent of the code. And Planning and Development Department has reviewed this and given you our recommendations. The proposed request is consistent with the Pasco County LDC and the applicable provisions of the Pasco County Comprehensive Plan. And
with that, PDD recommends approval with conditions.
Okay. Is the applicant here to speak?
So the applicant is on WebEx but not able to be promoted. There is a call in user, so he might be calling in on a number. Um We can allow that person to talk. If you'd like to see if it is um Mr. Al Balusha.
Mm-hmm.
That
would be
the advertisement.
So he's calling in to speak to us or
well we don't know the there is a number. We don't know the number.
Oh okay.
That's in there. And Oh the h number just hung up. The number just hung up. So um Okay. So we're not able to promote Mr. Belusha on this.
Okay. Is um anyone here To speak at this item other than the applicant?
Yes, sir. I um do not have any emails um and besides Mr. Belusha, no one else is on WebEx. However, we have two individuals that signed up in the sign-in sheet that are here today.
Some there in the room?
I hope so.
Okay, I'll see you.
Um so we have Christopher Phillips and Valerie Phillips. Okay. The two that signed up.
You'd come forward and speak for the same
line.
Okay.
You can hang it up.
Hello? Oh now. Hello, can you hear us? That is the applicant.
Yeah, that would be Justina and And out.
And now. Yeah, it's we're here. Sorry, there's been some kind of lag and we've been having a lot of technical issues.
But we're here and we're okay.
Introduce us.
This is Justina Gale, Florida Design Consultants.
Al Balucha, our design consultant. Mike Dadey with KV Home, the applicant.
Shelly Johnson, the applicant's representative.
Great way at the ABO applicant.
You're kind of in some kind of lag and
Put in here. Well
Well you know what?
So it sounds like they've got it on a T V or something else other than what they're speaking on and and so we're hearing it.
Um
Uh Let us let the people that are gonna speak to this item here in in our presence and then we'll come back to you to answer any questions.
Okay, okay. Okay.
Name and address for the record.
My name is Valerie Phillips and I'm here to speak on behalf of my son Christopher Phillips. He's a homeowner behind this such property [address removed]. Um, I think I'd emailed everyone. I hope you got my email on this. I had also sent video that I couldn't get out yesterday and they said they received it this morning, but I'm not for sure if you received the video. Um the video was very important to it because I was standing in
front of this property, the subject property. and there's two schools just to the north of Old Pasco Road and Over Pass Road. It's um Cypress Creek Middle School and Cypress Creek High School and then the Hernando Pasco Community College for the Form Informing Arts is there.
Right.
And um if you was to stand in front of their property they're Exit would be one exit. Yeah, because Blair Drive is a private road. Williams Acres, when they developed these uh home mobile homes in there, they decided that this was gonna be a private road and it exited on to Old Pasco Road, or Over Pass Road. Which is now closed, so they put 'em a new entrance in. So if you look at the map that I had on uh Uh
Page twenty five. um of the subject property, it shows that Blair Drive runs in between the subject property and the new industrial park that's gonna be built there. from the the company on the wastewater uh spray land, the old right next there on Old Basco Road. And they're developing that as well. Um there's Right now so many cars going up and down through there and with them having one exit.
'Cause to the south is Blair and just south of that is the industrial park right next to it. Blair Drive. to the intersection of Old Pasco Road and Overpass Road. is only zero point three miles. And so they if they have one exit They're gonna be at a tenth of a mile to the intersection.
Am
I
confused or is there exit onto Old Pasco Road?
But it would be on the old Pasco Road, which is when it's developed, I'm sure it what I've been reading it's gonna be four lanes, maybe five. Uh so and then you got a tenth of a mile here at the intersection to get on I seventy five. Are they gonna have to go out? And make a U turn to go south to fifty four? I mean, th they're gonna have to cross a few lanes to get over there. You're talking 122 homes. If they have two cars per home, a lot of us
do, and and then some, you're talking about two hundred and fifty more cars. in that area right now. And I talked to Tom Lane, he's in charge of F D O T project for the I-75. And he just cannot believe that the industrial park is being built right now. And they're right side by side, uh, because the on it the southbound ramps took up most of my son's community back there in the back. And then the industrial park, if you
see that video, is right there next to it. And so then you got on and off ramps and that little piece of property of forty acres, They want to put 122 homes in there. I just am not understanding. I think we should wait. Um we tried to attend the planning commission meeting. And in that Planning Commission meeting we were registered online. And Hem and my son and I were both There, his name was on there in that little square. We never could get connected for them, and eventually
they said, Well, you wasn't approved. Well, I have the emails that I sent to all of you that shows we were approved. And we were on there. And in that meeting they had said I'm not for sure who who represented the community, the subject property, but they said that Uh when's old one of the commissioners asked them, one of the people on the planning asked them, when is Old Pasco Road gonna be done? And they said at the same time as 75. And that they said 2022. Well, talking to
Tom Lay, who's in charge of that project, he said it's been pushed back. till summer twenty twenty three and if they have problems with that big overpass, which is gonna come from Boyette like the one on Bruce B. Downs does over top of everything and goes southbound, then it may take into the beginnings of twenty twenty four. So there's just a lot of dump trucks. And you I talked to the school, there's like 80 buses trying to
come through there. And if you watch the video I sent you, you will see that I think we need to put the brakes on this project, at least until we get that 75 and that red light and get the infrastructure done. There's a lot of construction going on down there on the south side of the the the seven mile stretch of Old Pasco Road. And it's just if you wanna add more in between those two, it's gonna cause problems for the state with seventy five, 'cause they're going in and out of there with dump trucks
and water trucks and then Right there at the industrial park they're doing the same thing. And then not even a a a half a mile down the road, just beyond that mobile home park there, they're doing it again right there too. Eleven hundred homes going in there. I'm real happy that the intersection came there at Oakley, um so we can get people moving out of the way and keep people going. Um my big big big thing to my heart with this project is I
live just facing [address removed]. I'm at [address removed]. Mr. Oakley, I think I've spoken with you on the phone about that construction. But my response time to my son where I used to go down curly and across D lim and over Over Pass Road was five minutes when he had a seizure. Now I have to go up around fifty-four, I mean down around fifty-four or up fifty-two, twenty-five minutes. Yeah. So now if you add more your
time's up. Okay. If you add more, it's probably going to be about forty minutes. All right. Thank you for your comments. Thank you for your comments. I appreciate it. Back
to the apricot.
Well We hear you. Can I can I make any comments? This is just Dina Gale,
Florida Design Consultants.
Do you
have
any questions?
We can't understand what you're saying with your uh connection.
Hi, can you hear us? This is the applicant, Mike Davey with KB Home, here with Al Balucha and Justina from Florida Design Communities. Can we answer any questions?
I have some questions. This is Commissioner Starkey.
Um one, I I I would want there to be no fences. I'm in agreement with the staff that the fences are gonna be an eyesore. And um I think they're gonna try trying to make that area all incorporated into a park like setting and I think the fence would If the slope is within the safety rules of of uh whoever makes those rules, then I think it's better to not have the fence. That's number one. Number two, I'm just kind of curious
from our staff Knowing that the um high schools are up here, then you've got the park not too far from here, right? Wesley Isn't there a park on the other side?
It's not it's not quick to get to you got uh right now how it's everything set up it's on the other side of 75.
So you
gotta
wait
for
the over
75.
So I'm wondering um what is there a a trail network planned for this area? Because I I don't see any reservation for any multi-use trail on this and so I'm wondering where it is. S since there's a middle school and high school up the street and a park around the corner. Has anyone in planning anyone looked at the trail network in the area?
Mate, you don't have a trail up there near Quahai. Well
you should.
No I've never heard of a trail coming down O Pasco Road. I'm sure there'll be sidewalks.
That's not the scene.
Where's the trail coming from though?
If there isn't one you should be planning for one, that's what I'm saying. If you don't ask them to put one in, they're not going to
To to answer the question for Old Pasco Road, there's not a trail that is indicated Uh on our official maps.
Is there's no other transportation method? Here but get in your car and drive somewhere.
The nearest trail is uh located at Overpass Road and continues westward Down Bennington what what amounts to Bennington Drive?
But is there I don't know what that is, but I'm just I'm just suggesting that you suggesting that someone look and try and plan for something that connects to that school. And other amenities that are around because There are many ways to travel besides your car. That are coming. And if we don't plan for 'em, you're not gonna have that those corridors. So that's all. Is
there a
trail
ever connected to Boyette Road?
Commissioner, we'll have to check, but I think Old Pasco Road probably has a multi-use path. It's part of the design on Old Pasco Road, and I think Overpass. also has one.
Well I'm hoping so and I'm hoping it's not smooshed up against the road just like you saw the fatality that just occurred in On the Starke well it was the Penelis part of the Starkey Gap Connector. Uh but when you have a trail smooshed up against the road it's still dangerous.
So it's not there yet, but so you know when over overpass is built. They will continue over Pass Road through Connected City across Curley. On to Hancourt Road. And then eventually it comes out at three oh one. And actually um If we had a trail in that area that could go that way, it could connect to the trail that's on three oh one there in Zephyrhills.
That'd be great.
And continue on to Dade City and on to the north. So that that could be a connection we would have there. The traffic will change once we open that back up 'cause we're going to be able to do that road's gonna alleviate a lot of problems they're having now because they can't cross over seventy five. but the connection that's not even built there on the other side for overpass Going to the east. It's not built, but once the overpass is done they're gonna build that area and then eventually we four lane uh
Old Pasco Road and A lot of issues will be solved when that's all four lane across there from pitch four to pitch two. because it's right now it's pretty much a two lane road. Yeah. Yes, sir.
Thank you, Mr. Chairman. Um You know, you heard from me a lot in the past about Old Pasco Road and the concerns with Old Pasco Road of only being two lanes. And the amount of development that's currently going in. There's qu there's a ton of development that's currently going on Old Pasco Road. There's a lot of proposed development along Old Pasco Road as well. Um One of the things we all agreed upon when we did the industrial park is that that industrial park could not receive
its CO until that portion of Old Pasco that sits in front of the industrial park was widened. At the same time. You know, I don't have a set date. Nobody's giving me a set date of when the remainder of Old Pasco Road is actually gonna be widened. We've spoken about it. We know thankfully F Tot helping once again helping us um to widen that road. But Commissioner Starkey is correct. When you think about the school, and I know that school very
well because I have two children. Um I have one that goes to the high school and I have one that goes to the middle school. Um And it's very similar to the situation that we've heard about in the kind of the areas you and I share, Commissioner Oakley. So you and I kinda share that area and we kinda share that area on Boyette. And if you look at Boyette Road and where West Seth District Park is, there's and and Commissioner Starkey alluded to this. Um you got kids walking in the ditches on the grass to go back and forth. In adults
as well. Um I've known of people that have gotten hit on bikes on Boyette Road. Actually one unfortunately passed away. This was a couple years back. So we're you're kinda running into the same situation in Old Pasco Rib. So when we think about the future and we think about good development in access, whether it be trails or for just vehicles alone. Unfortunately,
You know, and I've stated this for a long time. I mean Old Pasco sh we should have considered that, or I did, but and not you, villain commissioners too you a lot of you did too, but in the past, way down in the way back when, um, it should have been done, knowing that a lot of this development was gonna come. And now we're stuck between a rock and a hard place because you have more proposed developments, more proposed developments on a two-lane road. That's very dangerous. The amount of school buses, and that can person that mentioned earlier is not incorrect about the amount of school
buses. Again, I drive it on a regular basis. And um the school b the amount of school buses going along Old Pasco Road is inc is incredible and some of those areas with the blind spots and the turns with no shoulders where the buses go off the road Um I even my truck and I've even taken my R V down that road before in the past and uh not doing it again. Um because that was not fun. And there's actually an R V parked there. So, you know, I have I have
concerns. Um And unfortunately we're not able to hear from the pro the developer. I don't know why w the the meetings open. Why are they not here? No. Well Well no. The only the there's no applicant here. So I'm just not sure why but the meeting's open now Why either the applicant's not here or we don't have a good connection
No,
no, no. Well uh they just kept having to cut they kept cutting it off and they had it cut off. So I would love to have conversations with them but I I think this item should be continued until we can have the applicant sitting right in front of us so we can go back and forth having conversations because right now we can't. So and that's fair, that's being fair to the applicant, but it's also being fair to the people that have have come here and spoken. That's my motion is to continue this.
All right. Hold it. Commissioner Moore.
what date? Just so we don't have a re-advertising.
Well so this is and to be honest with you, this should really be h being held on the other side of the county now because we have opened up the rooms. So I think we should be getting back to where we're hearing items on the appropriate side of the county since there's public comment and people are allowed in because they had to drive all the way, you know, you know, for fifty minutes to get here. So let's start giving people. I don't know if you think uh June eighth's pretty loaded. I don't know if Judat's aggressive well I I'll leave it up to staff and
you guys, but um Uh if you think ju it could fit in June eighth, it's your call.
I haven't seen the June eighth agenda.
Um well I know there's been some big items continue that are gonna take they're gonna have a lot of public comment from my understanding. But I could be wrong. But I'm fine. If you think we can fit it in June eighth, I'm fine to continue that. I
need
to give applic the applicant the opportunity. I think we need to give the public an opportunity. And I think we need to research that road. I think staff needs to come back be able to come back to us and say, this is exactly when Old Pasco Road is going to be widened. I hear about it every single week. And only a portion, a small portion of that's like kind of in my district, but you know, we share that area. So there's my motion to June eighth. If you want to push it back further, it's up to staff.
And
more discussion, please.
So I've got a motion to continue this item to June eighth.
Did you want to say something? I
did.
I want to speak.
Go ahead and speak before we do that.
Thank you. Um Commissioner Oakley think you bring up some great points. You get all these homes that come in. No sidewalk in front or no trail alongside it. It's great to make in the contribution. But I don't think that should be opened up until really that sidewalk's in place 'cause all those kids heading up to school, coming back. We're gonna put some safety precautions in there at least until the under construction or even beforehand. Uh I'm of also not comfortable. uh taken the park size down to you know, point nine acres, there's no reason it can't stick at one point two, which is
our code. Granted they gave us extra right away, but still There's nothing else in for this those kids to do. If you look at the development, there's no. I don't see anything on there anyway. Does anyone? And maybe that's something they can discuss, but those kids need somewhere to play. And not just out going across the school.
Those kids are using the district park is what they end up doing when that's complete across
the
easy.
But in your own neighborhood we put that park ordinance in for a neighborhood for the kids to be able to stay in the neighborhood and play. And I really like the fact that the Planning Commission actually put some amenities in there as far as to do that. I'd like to see them do that too. Yeah. Yes.
brown wooden fence in there. But I know like Carleton Arms d for an example, that black fence I'm just concerned with safety 'cause I know When we had a pond out North of fifty two and the three year old boy had drowned in the pond. So do we have any safety guidelines around ponds and retention ponds?
It
depends on the slope.
Depends on the slope. If it's greater than four to one, then yes, you're required to put a fence up.
These are
not.
So what's the
depth
on them? They're gentle slopes.
They're all over Starkey. There's no fences.
Well your two year old's not gonna know the difference on the slope. So that's what my concern is.
There's the you t there's the the there Mike Carbala right there can answer you.
I apologize. Could you repeat the question please?
I'm just concerned about the slow um just basically retention ponds in general and the water safety of kids and drowning, since it is one of the leading cause of deaths in Florida. For children under the age of five.
So ponds as far as they being adjacent to roads or
fences around ponds. What does it required four to one? typically four
to one slopes,
I'm sorry, yes. But if it's less than that, you don't have to put a fence.
Correct.
Yeah.
But what's the depth of the pond? Just curious.
Just depends on where the water ends. I mean
some ponds never have water. Some uh
Cool. The theory is that if it's less than if it's if the slope is not greater than four to one, that anybody can get back out of the pond once they get into it. That's that's just behind a four to one slope.
Yeah, as opposed to a pool where it's a vertical face. Right. It's four to one, you can walk up that. Mm Mr. Chairman
Mariano he made a motion to continue. I don't know if I heard a second yet, but this was one last thing. If this is just for something for the team, the staff. and everybody, you know, that's involved in any type of projects along the Old Pasco Road. There there has to be a point here where m this is my opinion. That we're we need to start requiring some of these developers to put into the pot to widen that road or it's gonna take forever. I know we said that we're gonna have F dot helping, but F dot is
not spent paying for a hundred percent of widening that road. We have net we have not heard that if Mr. Cabarlo, that's not an agreement, correct? No, not yet. Exactly. So that's an assistant. So we talk about kicking the can down the road. Well y if we're gonna allow projects, this road needs to be widened. It has to happen. Well do they pay
impact fee? Do they pay transportation impact fee? Is that where you get the money to widen the road?
Um not isn't afford everything in this
county.
Well I'm just saying, where do you get the money to widen the road?
But you know whether or not they they make the county whole is a different discussion.
Right. But I just you know, again, those roads that road is not safe. You have multiple schools there. This is also the same spot that you have the new um the new um I want to call it a convention, fine arts center, right? As well. Oh yeah. But and and Commissioner Starkey, you brought it up, you brought it many a times, you know, if we're gonna make these roads safe, there's gonna have to be access for these kids that get back and forth. If we're gonna have a community in a quote of a walkable community, then it you know, that needs to be thought about. Yeah
but my my heads
up was kinda to the planning staff that you you I mean they need they need to be looking at that.
Right, right.
That grid has to be in place and people everyone needs to know where it is.
But drive on fifty f drive on fifty four in Old Pasco and see how much trouff it's coming out there now and see where it's going.
Don't the impact fee also go to parks?
There are different impact fee for transportation and for parks. And for libraries.
Yeah.
and for fire stations.
The party its own impact fee. Right there.
Mr. Marron. Thank you, Mr. Chairman Mariano brings up another good point as far as all the development coming in. It's closed now. May maybe there should be a what they used to have a proportionate chair. Folks?
For kids. For little kids. Oh yeah.
I wanna make sure you guys hear this.
Oh
You you know, know, Commissioner Commissioner Morey, I think you bring up a good point. Development coming in, we used to to have certain things would make them do a pipeline project, contr consider a proportionate share on top of what the impact fees would be.
And
I think on this roadway, maybe we should be taking a look at that and that can be part of the discussion when it comes up.
Except the legislature has taken away your ability to do that. That's why we don't do proportionate share anymore.
Okay. Yeah. Okay. Your motion still stands.
Yeah.
Date city. One thirty.
Well Second. I've
got
a second. Okay, but okay, under discussion. Let me ask you something. Uh if this were to go through Then How long would it be and I don't know if the applicant can even answer this, how long would it be before anyone moved in here?
Yeah. Two years. Yeah, two years.
Yeah. Yeah, well let's just find out l give 'em the opportunity and you know to Let's find out some of the
if staff will do some research also and bring it back to us on this item when we come back to Aid City. Also uh
look at some of the information that we need on when that road will be improved. and and the possibility of trails, bring that back to us at the same time. So I think that'll help everyone concerned. So Okay. All right, I got a motion to second. All those in favor?
Thanks.
Bye. All opposed, like sign? Motion passed, five zero.