An Ordinance By The Pasco County Board Of County Commissioners Establishing A Temporary Moratorium (180 Days) On The Submission And Acceptance Of Applications For Building Permits, Site Plans, Special Exception Uses, Conditional Uses, Rezoning, And Comprehensive Plan Amendments Within The Moratorium Areas Around Airports In Pasco County; Providing For Authority; Legislative Findings Of Fact; Definitions; Moratorium Areas; Temporary Moratorium Imposed; Duration Of Temporary Moratorium; And Severability.

22:08All right. So item P seventy was published in the Tampay Times on January

22:11nineteenth, twenty twenty two. Good afternoon, Commissioner Oakley. Elizabeth Blair, Pasco County Attorney's Office. Uh this is the first public I'm sorry, the final public hearing on the following ordinance. An ordinance by the Pasco County Board of County Commissioners establishing a temporary moratorium, 180 days, on the submission and acceptance of applications for building permits like the

22:31Elizabeth, can you hang on one second? Sure. Mr. Dempsey. Thank you for attending the B O C C today. I'm sorry you had to wait two years. I didn't see you sitting back there, but welcome. Thank you. Great. Had to call him out.

22:45A ordinance by the Pasco County Board of County Commissioners establishing a temporary moratorium of 180 days on the submission and acceptance of applications for building permits, site plans, special exception uses, conditional uses, rezoning, and comprehensive plan amendments within the moratorium areas around airports in Pasco County, providing for authority, legislative findings of fact, definitions, moratorium areas, temporar temporary moratorium imposed. Duration of temporary moratorium and sub ability. As you'll recall at this last meeting on May third on this matter It

23:15was requested by the board that all stakeholders be included in discussions on the final version of this ordinance. A draft ordinance was crafted by your airport zoning commission chairman as well as some lane use attorneys. It was then brought to a larger meeting or a larger group of people who were called out in your agenda memo who attended and discussed that ordinance. That proposed moratorium provides for the following: the removal of the city of Zephyrhills from the moratorium, a prohibition on any development within the runway protection zones, the renaming

23:46of the noise abatement areas to airport protection zones, a prohibition on any development within the airport protection zones unless certain requirements are met, and then it creates specific exemptions to the moratorium within those airport protection zones. The requirements to go. Forward with development in the airport protection zone is as follows. There must be notification and opportunity to comment provided to the applicable airport on all the proposed development in the airport zoning, airport protection zone. For all proposed development, a copy of a

24:16final FAA determination letter indicating that there is no hazard to air navigation or appropriate mitigation by the FAA be submitted with the application. And for residential and educational facilities, a noise study must be conducted that demonstrates that the proposed development is not within the 65 DNL noise contour. And then going a step further, there has to be a restrictive covenant or a deed or an executed lease for the applicant to have the folks that end

24:46up purchasing the property or renting the property to be aware of the existence. of the airport. Kind of going to your desire there, Commissioner Starkey. So the moratorium does not affect the Connor Crossings development, that is the development on 41, also the Tanglewood Ridge Multifamily Project that you all approved in the past, the airports and the airport communities themselves, and any application accepted prior to February 8, 2022, which was your pending ordinance doctrine date.

25:16There was a few amendments requested yesterday, and so I did have to put together a red line version to get these on the agenda for today. So in front of you, you've got a document indicating key 70 in the top right hand corner. So page two, I've incorporated requested language in the whereas clauses. I've also included a definition on page three for site plans. That's kind of a collective term we use in the county that's

25:47not clearly defined. We wanted to make sure that where we use site plans throughout the moratorium ordinance, we're actually addressing these various types of approvals that are laid out in the definition there. I also Have a clarification that the county is the person or entity responsible for forwarding building permit applications. to the um airport for review and comment. And I fixed a typo. And we also, in working with David Goldstein, we expanded this

26:17concept of protection for the operators and the airport for those residential. treatment and care facilities. They really didn't fit in the other paragraphs dealing with S uh single family homes or apartments. So we've beefed up that um in response to some conversation we had internally. So this is the final public hearing. So I'd ask that you accept public comment and adopt the ordinance by a roll-called

26:47vote. Any questions for me? Just

26:51a quick question. Um what was the date you stated um when it came to applications again was February?

26:58February eighth is when you all adopted the Pending Ordinance Doctrine.

27:07All right, thank you.

27:09And you did meet, we had asked last time for you to have a meeting with stakeholders.

27:13We actually had a group of, I believe, 18 people that accepted a WebEx meeting. We had um folks from inside the county, outside the county. We had TBBA who was present in that meeting, as well as um several pilots, the owner of a pilot country. A manager at Pilot Country. City of Dates, City of Zephyrhills, Billy Poe isn't on the meeting as well. So it was

27:39Right. I I did have one question. When you said you're gonna notify the airport, what does that mean when it when you have these private airports? You're gonna notify

27:46Th the concept is to allow them to comment on an application, um, especially if it is um But do

27:54they have like the president of the airport or

27:56what does that

27:56mean?

28:01These are their emails. It would be going to them.

28:04To the people on the airport zoning commission.

28:07Correct. That's that's the folks that are here on page four. That's their email direct addresses. Okay. So just want to clarify that. Right. They would only get the um applications that are near them, of course, to comment on.

28:17And then they would have their internal meetings or whatever with the

28:21Right. And and and then I'm sure that once they um, you know, look at the site plan or whatever, they could issue spot. be able to uh communicate any concerns to the county.

28:32Okay. Um that was my uh Commissioner Mariano.

28:37Uh one of the concerns about this whole thing was having residential growth. where good industrial land could be developed along that side. Does this moratorium address that?

28:46It doesn't, but here's the research I did do. I did talk with Zephyrhills. We talked about well what really pressures are you having? What are you experiencing? Um their projects for industrial improvements are well on their way. Um I spoke with Terry Petos. Um he and I went and looked at a plan, a map together trying to identify any residential um pressures in the unincorporated area to be concerned. about and we decided that at this time there's nothing pressing to be concerned about so that's why we thought it was okay for Zephyrhills

29:16to come out of the moratorium. It is a different class of an airport and the city's okay with coming out of the moratorium. They can actually go forward with their with their projects without having, you know, to be concerned about it.

29:29I'm sure

29:29Commissioner Oakley.

29:31Um what was the date of the last meeting we had when this was um brought forward and we asked for it to be continued again?

29:37Yes, ma'am. It was May third.

29:39May third.

29:39And then we had our meeting on May 10th. Um

29:42Well I I just wanted to know when the uh last public hearing was. Okay, May third. And the first public hearing was you stated February eighth?

29:50Um that was when you imposed the pending ordinance doctrine. Denise, maybe you can help me. When was the first public hearing?

30:01February third. That sounds about Okay. Well

30:05that was the planning. That wasn't uh Board of County Commissioners though. When was the first hearing for the board that was for the Board of County Commissioners?

30:12It's been continued so many times.

30:14I know it's been continued.

30:18Yeah, March.

30:19That makes sense.

30:20I have

30:21February twenty second. Okay.

30:24Okay.

30:26I I just again I don't know how if anybody's made it ha submitted any applications or anything like that. I just think going back my opinion that going back to February eighth when we didn't when the first public hearing for the Board of County Commissioners was on February twenty third. Twenty second. Twenty second.

30:43February eighth was the day that we brought this forward for you to injured

30:49Mm-hmm.

30:52it the pending or ordinance doctrine to apply at that point and you all said yes. Now you're you can change your mind but but that's what the February eighth date comes from is board direction.

31:03Yeah I understand it's just no and I appreciate that. It's just been there's been a ton of back and forth We've continued this thing a million times. Um I just I I just feel a later date, you know. I'd love to make an amendment and push that date a little bit later. I don't know. That's just my opinion.

31:18Which date?

31:19Uh the February when it we first heard it.

31:21Well is there public comment? Why? Why? Because

31:25I just

31:27we didn't actually we'd actually have we didn't actually have a quote public hearing until that date.

31:33I'm just saying that the

31:34adoption date

31:35the

31:36Well

31:37there's only so much time for a moratorium and if we keep the earlier date then th then sooner.

31:41I I see what you're saying too. It makes sense. I'm just I'm just wanna make sure that everybody knew that this was in the process and and if somebody got shut out because they didn't know this was going forward. Then they're not quote grandfathered in because they submitted application.

31:55I don't well I don't know if that wasn't a lot of it. I don't know.

31:59Weren't they told at time of submission of documents that there is a moratorium um an A P Z going through?

32:07I do not know what the other department does in terms of notifying folks. Um I can't answer that. Um but the pending ordinance doctrine basically just says, hey, if you can go ahead, we'll take your application and you maybe we'll have rules that apply to you later if they're made. The moratorium timeframe actually um is when the true no acceptance of applications goes in place and that would be today. So the moratorium actually would start from today. They're two different legal concepts. Okay.

32:37And when this is scheduled for today, then we can go back and focus on the APZ so we can get the APZ ordinance.

32:44Regulation drafting will start, correct. It's already has started.

32:47Thank you. Listen, I listen, I'm not gonna sit here and battle this. I just I'm just trying to make sure we're fair across the board, similar to what we did with the apartment situation. So Just trying to make sure we're consistent. And now we move forward.

32:59I believe you used the pending ordinance doctrine and I

33:02again I don't remember. So it's been so long.

33:06Just trying to make sure we're

33:08I would rather unless there's something I don't know about what's available could be I'd rather try to be consistent. I would rather have that clock already have had

33:17Again I'm not uh

33:19But let's take public comment then we'll see what's going on

33:21make sure we're consistent.

33:23Thank you.

33:24All right. Public comment if there's do we have any?

33:28Yes, we have um three individuals who uh signed up prior and one on WebEx.

33:34Okay.

33:36Yep. Barbara. And then uh we have two people over there.

33:41We have three signed up.

33:42Three signed up. Okay. Sorry to take me out of order,

33:44but

33:45Barbara Willheight, [address removed]. I'm part of the story, so I wanted to speak first to kind of give you the rest of the fill in the rest of the context here. So after that May 3rd DOCC meeting, um and the direction from the board was to get everybody together, um Spencer Brass uh from Pilot Country and myself uh talked about What would be achieved in a moratorium ordinance and or goals for this moratorium ordinance to move forward to back to the board here? And

34:15the things that were important to both of us, and Spencer is on WebEx from Italy, so he's attending. Hopefully you guys can hear from him. But what were was important to all of us was that one was that we followed state law. Two was that we came up with something clear. and um implementable with by your staff. You have a lot going on here in in Pasco County and so we didn't want to make sure that was clear. Also to protect the airports. But also be

34:45fair to the property owners. We have property rights around these airports. We own pro my clients own property. And so with those goals in mind, We crafted an outline, Spencer and myself, of the things how we would rewrite this ordinance. And then we worked with other stakeholders in that process, the county attorney's office, county staff, Clark Hobby, and myself. and came up with what's before you today. And so we think we've come up with something that kind of achieves a balance, which is surprising that I think we were

35:15able to do that and meet each one of those goals. But we did it in a way of working collaboratively. And I really hope that moving forward, because this has been a l a long time and it's been a struggle. It shouldn't have been that way. Hopefully it won't be that way. But moving forward, hopefully we have a working relationship and a trust now between the parties that we can move forward and work on these regulations in a manner consistent with this ordinance, because we see this ordinance as foreshadowing how the airport zoning regulations are going to go. So with regard to the pending ordinance and the dates, you know,

35:45I have had people say to me, you've had it pending since The sixth of sixth or eighth of February, but your ordinance is starting today and it's six months from today. So I just point that out. I think we can work, you know, within whatever you ultimately adopt today if you change dates or how you want to apply things. You know, pending ordinance, people do not know about it, they didn't know about it, you know, and so that does catch people. Um, but the ordinance itself allows people to move forward. If you're in the runway protection zone, it prohibits anything for six months

36:16because that's the most critical area to protect those airports. But in the airport protection zones, it does have a path to move forward. So even if somebody was under the pending ordinance doctrine, there is a path for them to be able to move forward during the moratorium. So Thank you all for all of your attention to this and all your work on it. I think we've learned a lot that'll help us to get these airport zoning regulations done. The only way we're gonna get them done is if we work together again as a stakeholder group and we follow state law and don't try to go outside of state

36:46law and try to Regulate development outside of state law. You guys can take those case by case and hear those cases and make decisions. But if we continue down the path we've set up here in the this moratorium ordinance, I think we'll be successful. Thank you.

37:01Because I I know that one that we approved on Ridge Road um is exempt from this. But in doing in reading about what happens in a protection zone, I did see that one of the um safety features is putting some kind of lighting on the roofs of buildings. And I just wondered if um we might see if the uh person building those apartments might consider putting some kind of lighting.

37:27On the roof of the

37:27S.

37:27I'm sure we can consider anything and and look at that. That's a it's an FAA determination when the when these projects are sent to the FAA within the airport protection zone and they're all required to go to the FAA for a determination. The F FA makes that determination and if you're i if you're above a certain height They could they don't just sometimes they just don't say no. I think they can say no at some point when they just there's no mitigation. But above a certain height, it's my understanding that they can make recommendations that you have to light it. As you know, cell towers are above a certain height and they're

37:58lit. Yeah. And so it's the same as that same process. So Okay. Thank you.

38:04All right, um we have some other people signed up. We do. The first person signed up is Mark Budd.

38:12Okay, Mark Budd. [address removed]. And I live at Pilot County, commercial pilot. I spoke here last time. I was uh in that meeting on the tenth. It was a good meeting and I believe we did move forward. But I I just got saw the draft uh just this morning, so I didn't Really get to see exactly what was in it. But I just uh the notification. for the uh prospective buyers of

38:42the property. I think it was missing something because it talks about nooses noise and disruptions. Well that's not really the only thing that uh the statute was trying to protect. It's uh it's You know, safety around the elevat uh around the airport for both the pilots. And you know, the airport operations and the people around the airport. So it would be nice to have in addition to that notification that that's already worded there.

39:13that uh to talk about the elevated risk around the airport and those of especially close into the airport. Yeah I brought up at the meeting. that uh sixty-two percent of any incidents or accidents related to uh fixed wing general aviation aircraft occur in the landing and takeoff phase. That's close to the airport. So while aviation is very safe and it's fairly remote that anything would happen, it still

39:44exists. So there still is and elevated risk around the airport. And so if they're gonna if they're gonna know about the noise and those disruptions, they should also know about the elevated risk. Be it small. It still is there. Okay, so that's that'd be my recommendation. So Really that's that's all I got.

40:07Well uh it does lead to a w a question. Okay. Um are you aware of any crashes at pilot countries?

40:13There was uh There was I think three incidents. in the past several years. There was one involving a uh twin engine Three ten. coming in for a landing and he had an unsafe gear situation. and so he there was no way to tell whether the gear was gonna hold or not. So he touched down and the gear started to fold and he was managed to get off the ground again. And uh prop took a few divots

40:43out of the runway at the same time. And then he thought, well, I'll give it one more try and um still started to fold on him. He went to Tampa and did a gear-up landing. Uh another incident Was a guy lost control on landing, ended up in somebody's yard on the field, and I don't believe anybody was hurt. in that in that incident. This happened I think in the last ten years. And then there was another incident involving

41:13a small ultralight aircraft where a pilot Took off and came low around the uh the field. And uh was too low coming into the airport and ended up in the electrical wires. That was a a fatality.

41:30Yeah, I remember that one. Um do you um as a homeowners association require inspections on your planes to make sure they're safe? Or is that an FAA thing or

41:41FAA thing. So you know in general uh aviation is very safe. And as far as miles driven or flown a uh Aviation is safer than Uh car transportation.

41:55I tell that tell myself that every time I fly.

41:58The only thing that's really difficult. That's really, really bumpy. That uh the fatality rate is unfortunately higher because you involve higher speeds if there is an incident. So that's that's a problem. Myself, I've been flying for over forty years. I've had three incidents of an emergency landing. So all involving a power loss. Two in single engine and one in a multi engine. I've flown quite a number of hours, so And they all were fine. Thank you. But

42:28invariably when you uh As a pilot and you're in an airport environment, if something does go wrong, you're gonna try and get back to that airport.

42:37Yes, yeah. All right. Thank you very much. Thanks. Next speaker. Uh Mark Twelfhoven.

42:46Yes, good afternoon commissioners and everybody who's interested. I want to um say thank you for the work that has been done. Mr Truffolvin,

42:55we need your name and address for

42:57the record first.

42:58Thank you.

42:58My name is Mark Twelfhoven. I live on [address removed]. I'm the owner. of pilot country airport. It's a public use airport, it's privately owned. My name is Mark.

43:15So I want to say thank you for the work that has been done by both the Commission and by the uh the committee that was put together for working on the airport protection zone. Particularly uh Barbara Wilhide recently with Spencer. have said let's get together and hammer out something that is workable so that we have a moratorium that is actually practical. So I think I would echo that We welcome that that has um been worked on. Um Mark Budd just mentioned the issue

43:45of safety. I think currently we're working why has that been uh in response to uh some of the commissioners that said this has been going on what seems forever? And our response to that is that yes, there has been a Florida Statue three three zero and three three three, which became law already five years or s in two thousand seventeen. So I look I'm glad to see that Pasco is finally addressing what has been a requirement by Florida

44:15statute for a long time. Um I welcome also the developers to talk to the airport so that we have some compatibility in in the development that we see around airports. So I look forward to that. And one of my concerns is that the moratorium is for a hundred and eighty days. We all know how fast that can go because in fact we started on this years ago. At least I was involved with zoning. And I would just ask

44:46that we can look forward to continued work on making sure that long term we have a safe public facility for PASCO and I look forward to the contributions that as an airport owner we can make. To the Pasco County. Thank you very much.

45:04Thank you. Okay. Uh next.

45:07And the last person who has previously signed up is Paul Thatcher.

45:15Do we have anyone online? We do, one person.

45:26My name is Paul Thatcher. I live in [address removed]. Thank you. It's in Tanglewood, uh States. uh my information is not of here immediately, but in nineteen eighty nine I bought a high-rise condo in Pompano Beach, Florida. at Palm Air Country Club. I

45:56bought the penthouse. Ten stories high. We were one mile from Pompano Municipal Airport. We were not on the runway glide path, either on landing or taking off.

46:13But in late nineteen nineties we had a D C three Lose power coming off the airport and it crashed in the municipal area. residential area. Devastating. A DC three is a large aircraft to an engine. I know them for a fact, because I've flown in quite a few of them.

46:42There was no

46:46reason for that other than that the municipal airport was there first. There was no residential. Not even Palmer Country Club. It was built after the fact. The city fathers there did not put a safe zone either before or after that airport. Now I know that there was other incidents where there was aircraft that took off. and

47:17had engine trouble and like the pilot just said, they do their best to get back to that airport.

47:28If possible. So there was small aircraft that I know that flew closer than five hundred feet, which is the standard for that aircraft. nothing below five hundred feet other than landing or taking off.

47:49One night. We had a four engine. Aircraft come within two hundred feet of my condo. and he was coming from the north to the south, and at A runway is an east west runway for landing and taking off.

48:13Those engines, he had those suckers cranked up big time. 'Cause he was in trouble. And he was doing his best to get to that airport.

48:25I could have swore that man was gonna land that craft in my living room. because I was within one hundred feet of him. Have you ever been within a hundred feet of a four engine aircraft? Believe me. A moratorium. Mm. Lights on top of that building will not stop the accident.

48:51And sadly I was almost with I think I was in a hundred yards of another plane thirty five thousand feet up a couple of years ago. So that was a little scary. All right. Um we have

49:02someone online? We do. We have Spencer Brass.

49:12Mr. Brest, you have been unmuted.

49:15Okay, can everybody hear me?

49:17Yes, if you could state your name and address for the record and then begin your comments.

49:22Yes, Punch of the Brass, uh [address removed]. And uh just wanted to jump on here really quick from Italy and echo what Barbara and Mark have kind of said. Um it was well noted that we needed to get together. Uh Barbara and I worked hard with staff and other uh people, other stakeholders of the community, of various communities that we think that we put together. A moratorium that addresses the concerns of the airports um but allows

49:52developers and landowners to continue to use their land by going through a process. that uh helps to ensure the safety for performance. So just wanted to echo that. Appreciate everybody's time and we'll get to work on the ordinance as soon as we can. Thank you very much.

50:12Right. Thank you. Um

50:16Okay. Uh does anyone else wish to speak on this? If not, it's to the board.

50:23I

50:23would like a motion to approve.

50:28Discussion?

50:28Yeah, I'd I'd like to thank everybody on the stakeholder committee, Elizabeth, Denise, you guys did a great job working this through. You gave us time to get make sure we got it right, so thanks for your great work.

50:38And I'm just up here because I wanted to make sure that you are taking the walk-on version that I gave you with these edits as the motion for this one. Okay.

50:47Yes, and at this point we can focus on moving forward with the A P Z?

50:52Thank you.

50:53All right. Um all in favor? Wait. Is this a

50:55roll call? Okay, welcome. District one, Commissioner Oakley. District two, Commissioner Moore. Aye. District four, Commissioner Fitzpatrick. Aye. District five, Commissioner Mariano. Aye. District three, Chairman Starkey.

51:05Aye.

51:07Okay.