Zoning Amendment (Consent) – Habib Enterprises LLC – Change in Zoning from an A-R Agricultural-Residential District to a R-1MH Single-Family/Mobile Home District – Northwest Pasco County – North Side of Bolton Avenue Approximately 100 feet West of Hicks Road – Containing Approximately 6.85 Acres

1:14:18Good afternoon. Bloom Divine Planning and Development. Um item PC three, PDD 22-7587, in the name of Habid Enterprises LLC. It is a zoning amendment from AR Agricultural Residential District to R1 M H, single family slash mobile home district.

1:14:39The subject site is located on the north side of Bolton Avenue, approximately a hundred feet west of Hicks Road.

1:14:46Here's a look at the aerial view.

1:14:53The surrounding future land use to the north and west is Res 6. Um to the east is res three and res six, and to the south is res three and res six.

1:15:05The surrounding zoning to the north, east and south is AR, and to the west is R1 M H. The subject site is currently undeveloped on approximately 6.85 acres. The applicant proposes to develop the property with mobile homes in conformance with the R1 MH single-family mobile home district standards. The surrounding area is characterized by residential development consisting of site-built and mobile slash manufactured homes. The subject site has a future lane use classification of res

1:15:35six under the Comprehensive Plan, and access to the property is from Bolton Avenue, a county maintained local road with approximately fifty feet of right-of-way, and Hicks Road, a county maintained Local road with approximately 50 feet of right right away. And this is coming with a recommendation form for approval from PDD staff.

1:15:54I'm here if you have any questions.

1:15:57With the applicant present.

1:16:00The applicant is

1:16:03All

1:16:03right.

1:16:03Uh can you hear me, Mr. Chairman?

1:16:05Yes. I we can hear you.

1:16:06Can you hear me, Mr. Chairman Mariano, Mr. Chairman, Board Members. My name is Todd Pressman, uh [address removed]. Appreciate your time this afternoon. Staff has presented this to you with their support. Uh this is a uh site that is in the Probably it isn't a red six. Uh future land use capital, which is a higher density of this area. All that is sought here is uh mobile home development

1:16:38per the uh standards on 6.85 acres, which would result in approximately 15 units. There's been a long history of similar rezoning from 1981 to 2006 by the Board of County Commissioners for uh R-1. M H single family mobile home uh zoning in the area. Um and um it's surrounded as staff as indicated by mobile home development and single family development. And

1:17:08as presented by your staff and support, we feel that it is uh clearly uh cohesive and compatible with the immediate area. Um we appreciate your consideration. Thank you.

1:17:21All right. Thank you. Is there anyone here to object? Mm-mm. All right. Mr. Chair,

1:17:28we do have someone signed up to speak, Ms. Deborah Doren Dereniski.

1:17:33Okay. We have two for people present, so let's take them first. You get your give us your name

1:17:38and address. Good afternoon, Deborah Dorensky. Um I I was sworn in. I have two parcels. Every

1:17:46what's your what's your address, please?

1:17:48Oh okay. My address is [address removed]. Which is directly behind uh the property that he's purchased. I also have the next parcel next to that. But it does it come up as an address. So it is parcel number

1:18:12Two four two four one six zero zero seven C dash zero zero zero zero zero dash zero one five Okay. And that is listed under my name, but if you t you if you try to search it you can't find it under my name for some reason. Um I have had a problem with flooding. For many years. I've owned this property since 2005. Uh huh. There's been

1:18:42uh there's been additional residential areas put in There's been additional roads put in. but nothing done with the sewers or stormwater drainage. I emailed the public works director. And That was August twenty-ninth in two thousand nineteen. Um Brandford forward it to Deborah Tanner. Who

1:19:12is the public's Project supervisor? The only contact I have had is my daughter lives on the property now, but um the only contact was I needed to come over because I was a property owner and sign um a form so that they could start work there. There it is the only Drainage ditch? From And it is a county road owned. uh

1:19:43road to Juliet. But uh the only drainage ditch

1:19:49East of Bolton? is on Charmwood and I believe it's just one street. That's right. probably even has sewer and water. And then from Charmwood all the way to the very end of Bolton. Which is uh I believe it's a little bit more than a little DOT's running out of there right now. I'm the only storm d storm drain. So through the years it keeps getting worse and worse. It's compromised my

1:20:19well this year. Uh the next

1:20:26Rainfall that possibly we have a maybe I'll lose my house. Because i there is no ditch there now. and it drains into a pond. On the property. Uh that wants to be changed. I have a picture of it.

1:20:45It's also uh The pond behind the drainage ditch is marked zone A flood district.

1:21:06So I propose no more residential until Pasco Kenny does do something with the stormwater. Um there's no ditches. I don't know if you're familiar with the right-of-way. What they call the pets. So the Pitts goes from New York Avenue over to Bolton. And Pasco. has an extreme hard time in that area with Fort Wheelers and I'm sure several other things. But

1:21:36um so now either D O T Or Uh Pasco County has made walls of dirt. around these pets. So there is no drainage going into these pits now. So everything coming down the hill and I have a picture there also. Down the hill Bolton this way. and down the hill Bolton this way is going to m into my one culvert. And

1:22:08I don't know what's gonna happen on that next

1:22:10aerial there. Where's your property?

1:22:12Okay. Um just to the left there. I do have like Um Some lines drawn there. the uh half acre and with a mobile home, uh double white on there, and then next to it I have another vacant half acre. Okay. It's my property, yes, that little line. No, no, across right at the pond. Yeah, that my line goes right down that pond. So when we have rain

1:22:43That pond becomes my other half acre. And now it started to come into my other half acre with the mobile home.

1:22:53Um

1:22:54public works has done nothing.

1:22:56Where's the property we're considering in relation to your property?

1:22:59It is uh actually it's part of that pond. It goes straight back. It's a Okay, so you got Hooks Road here. uh which is a county-owned road. Right directly behind Hicks is the property in consideration, which is Turtle Lane. Which is not a county road. And it just goes straight back. Uh it's like a Rectangle?

1:23:30I'm sure it was just by uh For delinquent taxes? And uh because the gentleman behind me is I always saw his property taxes were delinquent. Um and then it was sold.

1:23:46Um

1:23:49I'm sorry, I'm very nervous.

1:23:51No need to be. Take a deep

1:23:54breath.

1:24:02But I have pictures of my property after rainwater. Uhhuh. I have pictures. of the one sewer drain. in that entire area and the one collar that is not maintained.

1:24:16Oh do you want to put them on the overhead?

1:24:18Sure. This is what they have on Charmwood. I wish we had something like that there. And then I also have like a uh picture of Bolton. So you can see the hills because I don't have access to your computer model. To see the runoff

1:24:37Ma'am, those pictures that you're showing. Did you want the Planning Commission to receive and file them for the record or I I I can leave these, yes. Do you have extras? Because when this goes to the Board of County Commissioners

1:24:48Yes, I have extras of all these and I

1:24:51do you want us to receive and file those pictures? Yes, please. Okay. Okay, do I have a motion?

1:24:57Second. Okay.

1:25:00So if you could give them to the

1:25:03Somebody so that they can give them to the clerk and then he

1:25:07can't. I have a question for staff. Just to double check, the law that the ladies reference about it is the one called one five five oh eight. And they went uh north of that? I think that's right.

1:25:20Yes.

1:25:24The corner line directly to the north. Mm-hmm.

1:25:28Yeah, I have the corner lot at uh Bolton and Juliet. And so okay. okay. Actually two parcels there. Also, so now Additional rainwater is coming. Because Pasco County has uh paved Hicks Road from Bolton Avenue to Denton. There are no ditches, there is nothing but a raised road. Um From

1:25:59what I see See if I can get my notes right here.

1:26:08The transportation plan. Project number 3179. list that that paved road We'll next be going from New York Avenue to Bolton.

1:26:23Okay.

1:26:29And the uh the property that we're consider is under consideration is Where that lake is, the where the A is.

1:26:36Correct. It is parcels number Well I don't know about parcels number, I have addresses. The addresses that are in consideration. Uh are ninety-nine twenty-five Bolton. One five five zero nine Turtle Lane. One five six O seven Turtle Lane. One five nine one nine Turtle Lane and One Five Six Three Nine Turtle Turtle Lane. Yeah.

1:27:07And he's considering fifteen homes?

1:27:12The impact. I'm gonna

1:27:14lose my house. you're all on Well and Septic out there, right?

1:27:19Yes.

1:27:20Yeah.

1:27:23But one storm drain for that entire area that was put in in nineteen eighty three.

1:27:32So Mr. Chairman, she's done I have a question for staff.

1:27:35I think are you finished, ma'am? Yes, I think I

1:27:39thank you. Oh also D O T is at the end of Bolton Road, so all of their trucks are also causing a lot of erosion because Bolton Avenue is paved just beyond my lot. I mean not paved just beyond my lot. So D O T's coming down there with their trucks, you're You're causing erosion from there, et cetera. Thank you very much. Thank you for coming.

1:28:07Okay.

1:28:09David, do you have

1:28:10any comments or questions? So Liam, How many units could this site get under the existing AR

1:28:21With the proposed R w one M H zoning.

1:28:27Sure. So uh Denise Hernandez Planning and Development. Under the existing AR zoning, it can get a total of six units.

1:28:36Sorry.

1:28:41And then let me just do a calculation real quick for the other one.

1:28:53It can get a total of fifteen units under R O M H.

1:28:57Yeah, with fifteen units trigger a stormwater plan review.

1:29:04I believe the answer to that is yes. Uh will Poon may be on online. We can check.

1:29:10I'm just trying to figure out whether If the Planning Commission approves it. It's gonna go through stormwater plan review to address this the drainage issues that were

1:29:23Yeah, it's a good idea.

1:29:26So it would that's one that would be quite

1:29:33Alright. Would you like to come forward, sir?

1:29:42Do it. No, uh just ask your friend to do it. 'Cause you've already been up. We can't take comment without knowing who you are, so

1:29:52Yes, uh i uh uh uh thank you for stating that the three minutes have been exceeded by this person. Right.

1:29:59Okay.

1:30:01All right. Do I need to be sworn in or anything?

1:30:03Have you been sworn? No. Okay, yes.

1:30:07Direct your attention

1:30:08to the clerk.

1:30:09Over here.

1:30:11Do you swear if I'm the testimony you're about to give us the truth to help you back?

1:30:14Yes, I do. Okay, and your name and address? Uh my name is Stephen Parker. My address is [address removed]. Yeah. Pasco County. Um actually I didn't plan on coming here today. I was actually dropping off a water sample and I had uh registration for some of my vehicles that needed to be done at the tax office and I realized it was the same place. So I really didn't really plan on too much to say except

1:30:45I noticed that the this is just an example of urban sprawl. You got a an area w that cannot support Anybody building houses back there. One, you got uh you got birds that are back there like woodpeckers and stuff that are endangered and you also have turtles. Um act actually tortoises, not terribles. There's a difference between the two. Um I was there I was dropping off my water samples because we can't support

1:31:16Anybody else taking water? or putting wastewater back into the system. The shell uh limestone is only ten feet down. And during the dry season what ends up happening I end up sucking up the shell from the ground. So I don't know if any water testing has been done or any environmental testing has been done to see whether they can support this extra extra extra I know it can't support the sewage because I'm gonna be drinking somebody else's Water.

1:31:48Fifteen houses. on six acres. I thought the rulings were you had to have an acre per house. How are you going to put sixteen?

1:31:57And what are you going to end up with?

1:32:05Oh no. There's no no no way it won't support it. Uh i it won't support it because it will be drinking. I don't have uh My water is well watered. What are they gonna do for water? During the dry season I'm sucking I'm sucking up uh limestone out of the ground. And where's the sewage gonna go? Right now, my water's not suitable to drink. I'm I just want dropped off the test. The last test I had. The water has bacteria in it. So now you're gonna

1:32:35put more sewers in there and you're gonna be dumping more water into a ground where the where the limestone is only ten feet down. It's gonna I I don't care. You need more sand than that to sift out All that bacteria that you're adding, are they gonna put su uh sewer system in? Are they gonna bring water into the area? For fifteen homes, it's not gonna support it. There's no way. And uh just the just the the infrastructure

1:33:05can't handle it. Already Bolton Avenue you can't drive down without losing your teeth. the road is in such bad condition, you're gonna add more trucks Coming in to take the waste garbage out, and you're gonna have more traffic coming in. The road is already falling apart and needs to be in repair. The human density alone. is gonna be crazy. You know what happens when you get fifteen homes of that type and there you're gonna have large families living in small units. So it's really

1:33:35gonna be taxing it because it's lower income. And uh yeah yeah, the infrastructure won't the track

1:33:43that's the that's your time's up. We got the idea. Thank you very much for coming today. And uh thank you for your policy. And we'll uh do we have anybody else online, I think you said.

1:33:53We don't have have anyone online. Um just the the the representative, Mr. Pressman, is on.

1:33:57Okay.

1:34:00If he would like to respond.

1:34:05I would Mr. Chairman Mariano Of course as the board members realized this is the zoning the first step and um as one of the board members indicated they would have to go through storm planner stormwater plant review and all the other reviews required. Uh fifteen units is a lovely zoning. They're not gonna be able to yield 15 units. Just look at that item, that wetland area A, that's gonna restrict units on the surface. So the yield will be less than 15. I think we have to keep in mind that the comp plan

1:34:36uh has the area at a res six as a maximum density. We have sent out 94 notice letters plus posting. So the tremendous majority of immediating neighbors had not responded. Again, that was 94 separate letters. I have the greatest respect for the two citizens who came down today. They sound like nice and fine people, but those are only two of the 90 that were sent. The concerns that they raised are all post-zoning. Those

1:35:06are going to be looked at closely. That's included in the staff report. And your professional staff has filed the request on the zoning basis as consistent and cohesive. I'd be happy to answer any questions you might have. Thank you.

1:35:21Any questions from the Bayes?

1:35:25Um okay so you haven't uh contemplated what kind of uh See which disposal you're gonna have there or water system?

1:35:37Mr. Chairman, you cut out, I'm sorry, would you repeat the question?

1:35:39What what have you contemplated in terms of your sewage disposal and water system?

1:35:47Well my understanding is that would be well septic as uh as permitted and uh reviewed the county.

1:35:53One septic per unit. Is that what you mean?

1:35:56Yes sir. Okay. Yes sir.

1:35:59And water?

1:36:02Would be Welter.

1:36:04Okay.

1:36:06All right. Uh any questions or comments for the applicant? All right. Thank you, sir. Appreciate it. Um

1:36:14Thank you, Mr. Chairman.

1:36:17Yeah, f I I think most of us are familiar with that area. I've I personally think that uh you know the Fifteen units on that property is too dense? Um I don't think it's in keeping with the neighborhood. And I'm concerned about the uh The water and sewer. Because It I know it's all well and septic'n't got there.

1:36:42And

1:36:42uh So You know, I have I have some serious reservations about allowing fifteen units to go on that property. Um Bearing in mind that they still have to go through. Yeah, site plan approval and all that stuff. So Uh But I'm open to obviously open to everyone's comments and Open to be persuaded otherwise.

1:37:12Anybody else?

1:37:14I have a question because I can't tell from this aerial the Homes that are on Julia what is that? Juliet's court. Are those site built homes or mobile homes? What are those? I guess.

1:37:30There's a mixture of mobile manufactured and some site built homes.

1:37:34So what what is the zoning of Julia?

1:37:36They're zoned R one M H, which is what the applicant is requesting today.

1:37:43And then we're going to do it. And can you put the zoning map back up just so I can see it?

1:38:20Okay, so I guess

1:38:26So there's some AR in the area and then there's also R M one there's both types of zonings around them, it looks like. Right.

1:38:40Denise, can you give us any history about why this the R One M H zoning is sort of a hodgepodge through this.

1:38:49Yes, well be because of the future land use out there. So since it's res it's res six, folks have asked to, and as you can see also, um there are a lot, even in the AR areas, those are small lots of record, those are lots that are less than one acre in lot in lot area. So yes, they're AR by the district, but they're not AR by definition from the perspective of that they're smaller than one acre. Yeah. Which AR by definition is a one acre minimum lot size. So you have smaller lot sizes out

1:39:19there than the one acre in AR. However, when zoning was overlaid in nineteen seventy five, it was overlaid as AR, agricultural residential.

1:39:28And that area was developed before seventy five?

1:39:30That's most of the area, yes, that's accurate.

1:39:34So if if they were to if this weren't rezoned and they were to develop it Would a minimum lot have to be an acre?

1:39:42The minimum lot would have to be an acre and the minimum lot width would have to be a hundred and twenty five feet.

1:39:55Yeah, so if you look to the the west beyond where it says P U D and you see the AR, um that is an old subdivision, Oakwood Heights. It's Platbook Seven, which was developed in the fifties and sixties. So you see like very small lots out there.

1:40:09Right. As a matter of fact, I just

1:40:11I just pulled one lot specifically just out of all the and the and the lot is only point two five of an acre.

1:40:30All right. Any further comments from up here?

1:40:33So Denise, if I'm just just so I'm understanding correctly, if if it is rezoned to R one M H, they have to meet all the standards of the R one M H zoning category as far as lot size, width, depth. So it would have to be minimum lot size twenty thousand square feet.

1:40:48That's correct. The minimum lot size for R one M H is twenty thousand square feet. It has to have it a lot that's at least a hundred feet wide. So yes, they're they have to meet all the dimensional standards and bulk standards for the R one M H district.

1:41:02And as far as and and I I'm getting into the weeds here, as far as when it comes into for design, I mean obviously for access there would have to be some kind of access granted. So I mean there's quite a bit of land that would be lost for that and

1:41:13Yes, absolutely. And also in your in your agenda packet, it does say that they did sit through a pre-application meeting on April 14th of 2021, where a lot of those things were discussed with them.

1:41:27Was was retention discussed or is that not come till later?

1:41:32Um that they were just it it's overall, but it will come in later absolutely when they submit for their um preliminary development plan.

1:41:44I I'm I'm not. personally in favor of it, but I think under the circumstances and what has to follow Um and given the lot sizes surrounding it. I'd be inclined to approve the request.

1:42:00Isn't it? M am I thinking of something else, but didn't there used to be like a a criteria worksheet for approval and denial of zoning requests?

1:42:08Yes, we can bring that up for you if you'd like.

1:42:10Can you that

1:42:11would

1:42:11be great?

1:42:13So I do have one more before you all make your motions. So Denise th the the R M one H R one M H to the the one on Juliet Court Developed before we had drainage regulations?

1:42:29Yes, highly likely it was developed before we had drainage regulations because I looked at the rezoning and the rezoning is from like nineteen eighty one or nineteen eighty two.

1:42:40So 'cause it looks like it's about fifteen lots. Is it a bigger site or smaller site than the

1:42:48Than what we're dealing with now.

1:42:52If you give me just a second I can add up all the area for that site.

1:43:15It's the Water and the sewer issue. I think that's a that's a real concern. for me and it would be for the neighbors. I think that's a realistic concern for the neighbors. Um

1:43:31But I think that's a hurdle that's that's

1:43:33so uh Will Poon is asking if he can speak, please. So if you would upgrade him. I think he's got some information to provide.

1:43:44Well if you you can go ahead.

1:43:47Good afternoon, everyone. Just just uh w from the statement you just made, I just want to make it clear though, the the the The acrylic. Matter when you're dealing with just septic tank and water well on the same parcel, there's a minimum requirement of a half an acre if you're going to have both a septic tank drain field and a well on the parcel. So anything less than five uh half an acre is not gonna work if you're proposing both a septic tank drain field and a water well.

1:44:20All right. By my measurement, So the the development to the west I add is nine point seven five acres I'm showing this it's a little over six and a half acres. I don't know what Denise got, but that's what I got.

1:44:42Well Can we see that sketch again? No that plait again.

1:44:47Can So I I got eight point two, but I didn't count the road. So it is it is a larger area. Yeah. And I do want to mention that all the lots to the west of it are at least half an acre in size. So they're at least point five zero. There's a couple that are point five three.

1:45:05Well then realistically, it seems like by the time they put in drainage erode

1:45:12It didn't seem like they're gonna get anything close to fifteen units. No. Especially if each one has to be half an acre, there it's probably like Maybe ten to twelve.

1:45:22And a minimum depth of one hundred and fifty feet, and the whole property is only two hundred and twenty feet wide.

1:45:28What was the minimum debt, Damien?

1:45:31Yeah, so R one M H by definition is a lot that's at minimum a hundred feet wide and at minimum a hundred and fifty feet deep.

1:45:44But certainly, you know, when we look at the at the max at the fifteen, that is just basically taking the gro the gross, right? So and then that's what they submit for their timing and phasing, because that's the maximum possible that could even happen. But obviously we know when you uh as as David stated, uh drainage and then of course as as Mr. Gerardi stated, um the the lot depth, that's gonna you're not gonna have Yeah.

1:46:16Well the reason I'm asking these questions is because if it's if by the time they go through all that they're down to six or seven lots anyway That's not much different than the what the current zoning would allow, but You know, I don't know if it would go that low once they go through. All of that analysis. But That doesn't

1:46:35necessarily solve the water and

1:46:37sewer issue, but I'm just it's not a good thing.

1:46:41gonna be an enhancement to the county. to do what we're talking about doing.

1:46:48No, Denise, I guess AR1 it has to be site built homes.

1:46:52That's correct.

1:46:56Or modulars, could be modular home.

1:47:12Yeah. Can we have the zoning criteria?

1:47:14The criteria, okay yeah, just a moment. Can you pull that up, please?

1:47:26The the criteria of the function was a little bit of a criteria.

1:48:08Yeah, I mean

1:48:15That's it.

1:48:18Can I make a

1:48:19little bit more?

1:48:21Mm-hmm.

1:48:22Can I make a motion or Uh well I think we're waiting for one thing.

1:48:26No, it's up there. I'm f I'm fine. That's all I was looking for.

1:48:30Yeah, go ahead.

1:48:34I make a motion to deny basing item seventeen the proposed Sonic Change will not be consistent with the goal and sorry, that is not the one I'm talking about. One second. Eighteen. No.

1:48:52Fourteen, the property is developed under Sonic classification without appropriate public facilities including but not limited to water and sewer systems. Number four, if you can go up please. Down, sorry.

1:49:08Chang or change in condition may No. Okay, number five, the proposed change will not adversarily affect or will adversarily affect living conditions in the immediate immediate and surrounding neighborhoods.

1:49:22Okay. So we have a motion.

1:49:30My understanding is that all the roadways accessing the site are substandard. I agree. Isn't that what status of write up says?

1:49:37Mm-hmm. I will add number six as well.

1:49:41Okay.

1:49:42Eighteen probably two.

1:49:45Yeah.

1:49:47So the motion is to deny based upon uh items five And fourteen.

1:49:56Five fourteen eighteen.

1:49:58And six.

1:50:00And six.

1:50:02Okay. All right. So we have a motion. Do we have a second on the motion?

1:50:08I'll second it.

1:50:09Okay.

1:50:10Any

1:50:10further discussion

1:50:11of the motion? I do. I this so There would be no trigger to do anything with the roads, right? With the development of this size.

1:50:19Well there's a couple of things.

1:50:22Well, The way our regulations work, um

1:50:28few trips just has to pay a proportionate share of the cost of fixing the road, but that doesn't necessarily guarantee the road will get fixed. Right. So the answer to your question is they have to pay a Was it six thousand dollars? What was the number number in the

1:50:43twenty dollars?

1:50:44Um but all that the county does with that money is they put it into a pot for a future road improvement like a PVAS project or maybe if we go to resurface it then we would use that money for that purpose. But The answer to your question directly, the applicant would not be responsible for bringing the road up to standard. Gotcha. Thank you. It would stay substandard basically. Yeah. Until the county did something with it. Right.

1:51:10All right. So uh any further discussion of the motion? All in favor of the motion signify by saying aye.

1:51:17Aye.

1:51:18Aye. Opposed? Like sign? Okay, motion carries.