Zoning Amendment (Consent) – DMMD I, LLC/MI Homes - Joy Dr – Change in Zoning from a A-C Agricultural District to a R-4 High Density Residential District – South Central Pasco County – on the Northwest Corner of the Intersection of Kristen Lane and Joy Drive – Containing Approximately 20.00 Acres
What the county recorded
Staff recommendation
Approve
No disposition in the minutes
The approved minutes do not say what became of this item. That is a gap in the record, not a decision. It is the normal state for 24% of items. Most of those are regular business and board reports that the minutes do not dispose of in writing. This archive never infers an outcome from the fact that someone called a vote.
The source document
The county’s agenda for Planning Commission, Sep 9, 2021
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Planning Commission, Sep 9, 2021
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDD-21-7555 in full →PDD-21-7555 was taken up 2 times between Sep 9, 2021 and Sep 28, 2021 — this is appearance 1.
- Sep 9, 2021PlanningPC5▶No disposition in the minutesthis item
- Sep 28, 2021BoardP83▶Approved
What was said
Machine transcription of 23m of recording, with speaker names inferred from voice matching. 55% of 122 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Okay, next. PC five, PDD 21-7555. It is the zoning amendment in the name of DMMD L L C M I Homes Joy Drive. It is the rezoning from AC Agricultural District to R4. High density residential district. The subject site is located on the northwest corner of the intersection of Kristen Lane and Joy Drive. The subject site is currently undeveloped on approximately
20 acres. The applicant proposes to develop 54 single-family detached dwellings in conformance with the R4 district standards, zoning district standards. The subject site has a future land use classification of Res 3, residential three dwelling units per acre under the comprehensive plan. The surrounding area is characterized by low density residential, several platted subdivisions, including Oakstead and Wood Lake Preserve and Bexley. and
public semi-public uses and agricultural pursuits. Access to the property is from Joy Drive, a county-maintained local roadway with approximately 30 feet of right-of-way. The surrounding zoning to the north is AC, to the east is AR, to the south is an MPUD, Oakstead MPUD, and to the west is AC.
The future land use to the north, east, south, and west is all Res 3.
And this is a look at the access to the site. And this is coming with a recommendation from the Planning and Development Department for approval.
Thank you. Any questions?
Okay.
Mr. Chairman Clark Hobby Hobby and Hobby for the record again. Um subject side as staff pointed out is in the urban service area and the South Market area. Joy Drive, some of you may be familiar with, others may not. It's a small uh county-maintained road that breaks off the lake patients. Um there have been three enormous MPUDs approved in the last 15 years. in this area and that are the biggest influence on the site, but it also say the school and
then more particularly there have been two recent MPUDs that are approved almost uh directly south of this on some of the law family's property uh that have very small lots and have quite a bit of density between the two MPUDs, one of which was just approved by the board uh at its last session. And what we're seeking here is a R four uh rezoning which the smallest the lots could be would be sixty feet wide and that's larger than the lots that
were just approved and the two other rezoning. So what we feel like what we're doing is in keeping with the area and the growth pattern for Land Lakes. And we're happy to answer any questions that you or our neighbors may have.
Thank you. Alright, did anybody here to speak?
Hard me?
I didn't hear what he said. I said he saw me speak. Oh.
Hmm. My name is Deb Crouch. I live in [address removed]. I live directly behind that. I'm not here about the flooding issue of my property, but the flooding issue because Ostead built their property a foot and a half higher. The water coming from Little Lake Thomas, Big Lake Thomas comes down through Brexit, comes across Kenplans, all through there, comes in there, and that's the headwater of the Anglo Key River. It dead ends right there at Lake Patient Rouge. Swift Mud said
we got more water and we got flow. So they're not going to fix the Oakstead property and it floods. They're going to put that property there. It's going to backwater up on all of us. We're going to be flooded again. So Oakstead, he said that the law property was proposed. Well, that's part of the drainage problem. If it used to go around and go out to Morgan Lake, well now it don't really do that. Now the water's dropping back into the north of Lake Bayonet Point. It's flooded. It's
going to always be flooded. And they're right there with us. Now there's going to be another 40 acres coming up. We're gonna flood us there too. There's no water. It was 85 acres what was my was a swamp that I live on. Now it's 150 acres. And right now I'm in high water. Any more water added to us is going to be flooded. So this land was used, was proposed before. We rode with Kat Millary, Mr. Ripman, an engineer, and it was
proposed 20 to 25 homes on that property already. Now we're changing it to an R4. Just want to know how you can change that and keep flooding us. We're going to be flooding. There's nothing going to change because Oakstead is a foot and a half higher. Water does not flow across there.
Any questions about that?
Any questions for anyone?
There's a flood issue there. It's always gonna be a flood issue until they do something about it, and they're not gonna do anything. So, and the water comes, Little Lake Thomas, Big Lake Thomas houses, there's been five houses. I lost my house 35, I lived there 35 years. Oakley had flooded my house, I lost my house. No insurance, but I have 150 signatures. We can file a class action law. We will do that if you keep doing what you're doing. Do you need to stop building north of Lake Patriot Road like
we're trying to do? Joraz has got forty acres. They're gonna do the same thing. Mr Lawless Lake, I sent a um what do you call it a video? About the law's property? Okay. He said they're gonna make the water drain around that ditch and go into Martin Lake. Martin Lake used to flow across 41, with a 13 mile run in which went to north uh Hilbur County, but when they widened 41, it closed off that water flowed across there. Now it goes to Drexel. I mean it
goes to uh Leonard Road. If you're familiar with the flooding we have there, it's because the county is not doing their job. And this kind of settled out a little bit, but kind of irritates me about what the county is allowing people to do to us, but nobody fixes the problem. If I ask the county to clean out the drainage, they say we don't do any maintenance work. But we definitely got a problem there.
Okay, thank you very much. Do we have anybody f uh from the county here to speak to drainage?
Yes, we should have Will Woon on the line.
Okay.
Bayon
Good afternoon, we'll put this hand here in Carl Play. Um Well. It's still Pasco Bapper and for this particular site the Arc Flood Zone floodplain designation on this site. So it is acceptable to flooding base Al Bima. And in accordance to our land development code, many impacts to the floodplain flood early area needs to be mitigated for, and according to LTC
section 92.2 G5 for floodplain encroachment. Obviously during the design phase of the project, all those things that related to drainage issues, off-site drainage, you know, has to be ensured that there's no negative impact based on those off-site areas. So that'll be part of the analysis done by the engineer recruit who designs the project and so forth. So those things need to be taken into consideration. Yeah.
Uh well I don't know if anybody on the on the day is air has any any questions for you, Will, but um You know how Evidently there's some testimony that that people on the ground there are experiencing a lot of flooding issues and the county's not willing to address any of the maintenance that uh they feel should be done in order to alleviate those problems. Do you have any comments on that?
Um well I mean maintenance aspect of it, uh unfortunately I'm not representative on the current mining view side from the film. However, maintenance are mostly associated with uh of the works of our hand or smaller department and usually those uh get addressed through those conditions. So I can't really stay to speak to that, but I will refer to the public works department in regards to the maintenance test.
Mr. Chair, I think their general position is they will not maintain drainage ways that are on private property. So it may or if they're supposed to be maintained by an HOA or C D D. So I have no idea where these drainage ways are or who owns them and that's part of the issue. Maybe Mr. Hobby knows, but I suspect if the county refused to maintain them it's because they're not counting property. I do have one question for Will. Will is this an open or closed drainage basin?
Look at that combat.
I didn't want to determine open um based on the topography of the land and surrounding area that appeared kind of really flat and there's obviously wetlands. If you come on the wetland lake, which kind of like one wetlands to south and north of Lake Bay Ship Road and north of South uh north of Old Lake Kristen. So uh it really needs to be analyzed and determined by the engine. to really see if there's a clear open basin scenario. But based on my tertiary review of it, based on Pasco
Mapro, this needs to be either closed or constricted. So that is paint near the top of the design and the view of the project.
And so if it's closed, is there a higher standard?
Yes, there is. And LA development code is a higher standard for addressing those in the design. Did it ensure that there's no adverse in back?
Okay, thank you.
Thank you. Thank you. Any other questions about that?
Um
All right. Anyone else that has like to come up and speak?
Wait Deborah until you get up here so the reporter can get your name and your address.
Yeah, I'm Deborah Bohr and I live at [address removed] and it's an eight hundred foot property, six-acre property.
Let's let us fix your microphone there a little bit.
Okay, anyway, we live on Kristen Lane at the um right right adjacent to where you're talking. It's six and a quarter acres. We have one home, we have a cypress we live in a cypress basin, a cypress tree swamp. This is for forever. We've always flooded. We've had periods where we have nowhere to take the little dog to walk, the water gets so wet. The whole area. David lives on the 20 acres adjacent. We have swamp between us. This is the swamp basin for the whole area. And if you guys you see stuff on a piece of paper, but you don't see what surrounds it. Um we have no rural, we're we're at the pinched-end
vice grip thing. From Oakstead from the north and the east, the houses that are gonna go by animal control. But this acre, where are the wildlife quarters?
Could I could I just ask you just to slow down a bit? I mean I'm having a hard time hearing you.
Kristen Lane is the Wildlife Corridor right there that goes across to Oakstead. And you guys are crunching this down. If I could show you something, please, just to look at where this property actually is.
Is that something that you want us to look at if you wanna can you give it to us? Yes, please. Okay, if you could start over there. Do I have a motion to receive and file? Motion to receive and file. Second. And then we have a second. All in favor? Okay.
Yeah,
go back to the
microphone,
please.
In 2006 Burkhan Associates tried to put fifty-six houses in that growth and we went to Swift Mud, we had all kinds of talk. They said they can control the flow, they control the rate, but they can't control the volume, and that no they couldn't guarantee that no it wouldn't get worse if this to go in. So it was denied in 2006 we're back like never things ever turned well. We could have a circus here with people around in the neighborhood, but I said I would come in and calmly talk to you guys, let you see where this property is, see how rural we are. We have no in this entire block, we have no high density homes. Only
what Oakstead were right across from the elementary school, which we were glad about, was in a bunch of houses, kids talking and playing that was not so bad. But this grove, this we have so many deer that go through. They cross from the wetlands to the north and to the wetlands to the south. This grove is a huge crossing point for them. We see them in herds going through here. And be in the Wildlife Corridor, we need some exceptions here. This is the flooding from Lake Patient throat if you just glance at it.
Did you want to us to take that?
Okay.
Could you hand it?
Is there another motion please to receive and file? Move to
receive and file. Second.
Ma'am, we can't
hear you back to the microphone.
Yeah.
I I hope you're not gonna receive and file every one of those.
No. No. No, they have copies in case you want to pass them out to me. But anyway, yeah, my biggest picture I just want to show you and I'll go away. And pray that you guys will make the right decision like you did two thousand six.
Yeah, my
That that means your that means your time's up. So just to ra map wrap it up real quick.
We're wanting to put this right in the middle like a dinosaur. Okay, and I know you don't deny it. Thank you.
Thank you.
Anybody else would like to speak?
Yeah, good.
Okay. Mr. Hobby hopefully can
I can try to help a little bit. As you all know, this is just a Euclidean rezoning. This is not a site plan we're dealing with here. We do have our engineer here and he's listening to these comments. He uh tells me he believes it's actually an open basin. This will be determined definitively during the site planning process. But he also tells me that he will, you know, ground truth by walking the property and looking at the outfall structures to the extent that there are any problems
they'll be identified prior to and leading up to the site plan approval process. But you know, if it's identified as a closed basin, we'll have to comply with any special rules that the county has for basins of special concern if it applies to that. But other than that, that means that we heard similar testimony in the law MPUD a few weeks ago where people were worried about the drainage coming from the north side of Lake Patents to the south. We will have to deal with that during the site planning process
using best engineering methods to make sure that we compensate for any floodplain impacts that we have and to make sure that we can't impede the historic flow through the property or exacerbate flooding that may be happening to our neighborhood. We're prepared to do that. I didn't think there was any testimony that directly related to the zoning that's before you. So other than that, happy to answer any questions. We appreciate your support. Um anybody have any questions up here?
So so is the flow coming south to this property or do you know?
I I don't know, but the the testimony in the previous MPUD was that it was flowing from the north side, some of the lakes up that area to the south. And if it is, you're gonna have to obviously you have to accommodate. We can't we can't block the flow. That's right. The predevelopment flow cannot be blocked.
So the so have you in light of that have you considered um Yeah you like an R three instead of an R four?
I don't think that would make any difference. We have to use good engineering practices regardless of the lot sizes. That's it won't that the lot sizes won't materially change that analysis. It's just engineering the site to make sure we're holding enough of our own water on site and that we're not blocking any if there is north to south flow, we can't block the pre-development flow. Okay. Thank you. Thank you, Bart.
I'm sorry, what?
Okay, listen, I have a I asked before if somebody wanna come up and speak. We've gotta have some continuity here or we'll be going back and forth all day long.
So please. I I don't want anybody from to talk from the back of the room.
Okay.
All right, go ahead, son.
With that you know you're about so my yakes I guess what that means to get wet the out the house.
More versus.
Sure, it just says it's on.
He's doing fine. If you'd please not stop talking back there.
Um that's okay.
Yeah, yeah.
Can you just uh could somebody just help him get to the closer to the microphone so so uh he could be heard? Thank you.
Okay.
Thank you. Um money was insured that you now, you know, they get with the peoples out of the houses.
It's okay, take a deep breath, you're beh you're fine.
Yeah, for my S Boss games of Yeah, Cruzer we mastered the play this on J Hell.
Yeah.
Can go to the hair also flat and shells.
Go
ahead, John.
Новинадцать.
Yes, sweet hacks.
Mm.
Go ahead.
Anything else?
Well the lovely mom noise with love equals the name of my mind.
You have one more minute. Go ahead. Keep going.
Mm-hmm.
The my friends call them football like Daniel.
Go right ahead, you're doing fine.
Okay. You're welcome.
How done? Thank you very much for coming. Did you get his name and address? Could you please get it from His family over there when you need it.
All right.
Mr Hobby, did you want to provide an additional rebuttal?
Okay, yeah, I want I just like to make sure everybody understands um and I know you're Feel feeling very passionate about it. I understand how you're feeling about not being flooded and so forth. That's always a concern. You know, and it's always a problem for us because we don't it's not something that we decide here. We all we really decide is whether it is a compatible uh zoning use. And because they have to go through a lot of other stages after us to get to the point where they
can actually build anything on that property. And you can be notified of each of those stages so you have an opportunity for your input. And one of the things is the engineering phase. And that that's all about what do they do with the water that comes on their site when they build. and where it goes, how it flows, and so forth. And that's really where you need to have most of your input. So I want you to understand that we only deal with a very narrow question on this property.
So um I don't want you to feel like we're ignoring your concerns because we're not. We we're concerned about it too. Um it's just that we don't have the authority to to address drainage issues. Okay. Uh anybody else have any comments?
My only comment would be flooding. We heard uh an issue uh several weeks back about flooding within the county and that's something that uh That is a engineering issue more than anything else. That's why I will move for approval of this particular PC five. I'll second that. Sir, I already made a motion. We're gonna move forward. Thank you.
Okay. So we have a motion, a second, and we have a second. Any further discussion on the motion? All in favor of their motion signify by saying aye. Aye. Opposed? Motion carrying. Okay.
All right. Um
I think we're at seven.
Eight.
Yeah.
Eight. Okay.