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Pasco Countymeeting record
P81ApprovedPublic hearingPublished agenda

Zoning Amendment (Regular) – D&D LLC – Change in Zoning from an R-4 High Density Residential District to a MF-1 Multiple-Family Medium Density District – Northwest Pasco County – West of Hicks Road Approximately ¼ Mile South of New York Avenue – Containing Approximately 14.03 Acres

Public Hearings at 1:30 p.m.PDD-22-7609District 5

What the county recorded

Published agenda

Staff recommendation

Approve

Approved minutes

DispositionApproved

Approved Staff’s recommendation with the conditions as the applicant has agreed including to have the 8-foot wide trail running to the south to Veteran’s Park with the exception to where there is a sinkhole and with the limit of 84 townhomes.

The source document

Published agenda

The county’s agenda for Board of County Commissioners, Jun 21, 2022

The published PDF, as served by the county. This item is one entry in it.

Approved minutes

The county’s minutes for Board of County Commissioners, Jun 21, 2022

The published PDF, as served by the county. This item is one entry in it.

This case, across meetings

PDD-22-7609 in full →

PDD-22-7609 was taken up 3 times between Apr 21, 2022 and Jun 21, 2022, continued 1 time — this is appearance 3.

  1. Apr 21, 2022PlanningPC4Approved
  2. May 17, 2022BoardP76Continued
  3. Jun 21, 2022BoardP81Approvedthis item

What was said

Transcript

Machine transcription of 22m of recording, with speaker names inferred from voice matching. 85% of 129 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

Read it in the meeting →
MarianoVice Chair

Thank

Nikki Alvarez

you. P um eighty one. Item B eighty one was published in Tampe Times on April sixth, twenty twenty-two.

Liam Devine

Liam Devine, Planning and Development. Item P eighty one.

Unidentified speakerVoice A

Sorry.

Liam Devine

PDD twenty-two-seven six zero nine in the name of D D L L C it is a zoning amendment from R4 High Density Residential District to MF1 Multifilming Medium Density District. The subject site is located on the west side of Hicks Road, approximately a quarter mile south of New York Avenue. And this is a look at the aerial view. The surrounding future land use to the north, south, east, and west is all res six. The surrounding zoning to the north east and south is all A R and to the west is P U D, the Highland Ridge

Subdivision.

The subject site is currently undeveloped on approximately 14.03 acres. The applicant is proposing to develop the property with 84 townhomes in conformance with the M W MF1 Multifamily Medium Density District standards. The applicant has volunteered to record a deed restriction to for the property as included in your agenda packet. Access to the property is from Hicks Road, a county-maintained collector road with approximately 50 feet of right-of-way. That varies. And the subject area the subject site has a feature

land use classification of res six under the comprehensive plan. This is coming with a recommendation for approval from Planning Commission and Planning and Development Department. I'm here if you have any questions.

MarianoVice Chair

Madam Clerk.

Unidentified speakerVoice B

Yeah.

MarianoVice Chair

Um question. How many wetlands are on the site?

Liam Devine

I I there is

You know what? I will have to double check for you. I believe there is a wetland. I think it's a category three, but I can I can verify that for you.

MarianoVice Chair

Uh and um From the map from the map that was on the drawing from earlier drawings, I guess. It shows it's on the west side of the property in the center part.

Liam Devine

I'm sorry, can you repeat

MarianoVice Chair

that

Liam Devine

again?

MarianoVice Chair

Um you have your n note you want to pull it up?

Liam Devine

Yes. I I don't we do if you're talking about the wetlands on the map, we'll have to pull up Pasco Mapper and we can pull that up and you can look at the wetlands.

MarianoVice Chair

All right. If someone can do that while you while we keep talking or Yep. Okay. Um Next question. We get a five-foot sidewalk. I had talked I had met with the applicant. We talked about putting a trail running down to the south.

Unidentified speakerVoice B

Now you're talking

MarianoVice Chair

There may be some restrictions as far as how much room is there, but I'd like to see a wider than five foot sidewalk. I mean the the part of this development is a lot of a lot of intensity, which we'll talk about in a minute too, to go all the way down there. I want to make it easy for the families to be able to just go right down to Veterans Park, right down the hill. And they're willing to go work if we give them Uh mobility fee credits, which is good. to make that connection happen because otherwise it wouldn't happen. Um have you looked at that 'cause I don't see anything in here other than the five foot sidewalk.

Liam Devine

So if you actually look into this deed restrictions, and I'm sure I can let the applicant speak to that, um, in that deed restriction, they're agreeing to um commit to a DA that would include that five-foot-wide um sidewalk along the eastern portion of the property, um, and they would get mobility fee credits for that. That's included in that deed restriction in your package.

MarianoVice Chair

Right, but I didn't want to. just a five foot sidewalk. If it made wider, I don't like to make it make it wider. So

Liam Devine

that that's a voluntary deed restriction, so you would have to speak um with the applicant to see if they are agreeing to go wider than that.

MarianoVice Chair

Okay. Uh and if you would pull up let's pull up the wetlands.

Okay, so it just shows it's at Upland Drive.

Liam Devine

That

MarianoVice Chair

is correct. Okay. Yeah the the the other map that I saw it shows more like it's on the other end of the property too, but It doesn't seem to show it here.

Liam Devine

I'm I'm not sure what other map you're referring to.

MarianoVice Chair

It's under exhibit a legal description.

StarkeyChair

Are you seeing my text?

MarianoVice Chair

It's got a circle there. I'm not sure why the circle was drawn, I guess. We'll try to zoom in.

StarkeyChair

Um Jack, you need to cover per second.

Unidentified speaker

I'll I'll

Liam Devine

defer to the applicant on what the circle is for for their exhibit A. That would be their survey they submitted for the property. That could be maybe a proposed water retention pond area. I'm not quite sure off the top of my head.

MarianoVice Chair

It says approximate limits of flood zones. Zone A. And it's kinda like if you look at where

So I guess the lower edge or center edge there's looks like there's something flu different than the rest of the terrain. On the left side portion of the screen that's up there. Kinda with this with the n numbers of nine seven eleven to nine

Liam Devine

That could be elevations on that exhibit A. I don't have that in front of me. So I don't know for sure. So I'll defer to the applicant to answer exactly what's on their survey.

MarianoVice Chair

Okay. Because I'm just wondering, can you be can it have we looked at that, whether it can be built on that or not? 'Cause it's like I said, it says approximate maps of flood zones.

Liam Devine

W what I can tell you is the property does have two different flood zones on it. There is a A and X on it. Um so that could be the lower lying area of flood zone A.

MarianoVice Chair

I mean both both say flood zone A. On both both Pieces around it.

All right, why don't we let the applicant talk and if you would go take a look at the map? Yeah.

Well there it is here. Here it is.

So look yeah, so look on the left side of the screen.

Liam Devine

Yep, so I can confirm that's just showing the difference between the flood zones. So that circular part that you're seeing, that's the lower lying flood zone A. Okay.

MarianoVice Chair

Sorry. Did any conversation come up about Upland Drive where the wetland shows it's coming across that? Or is that any part of any conversation?

Liam Devine

No, they're not proposing any access to the Upland Drive, only express.

I would defer to our our access team. Stacy Burgess is, I believe she may be online. She can um refer to that. She's the one who who looked at the timing and phasing and substandard.

MarianoVice Chair

Okay.

Barbara Wilhite

Barbara Well High 6327 Grand Boulevard, New Port Richey Florida, for the applicant. With regard to the sidewalk, it's an off site improvement um down to the park. It's proposed at five feet. The um the bike ped fees are your m mill mobility fee. Will generate thirteen thousand six hundred and eight dollars. That improvement that my clients agreed to at five feet is a thirty to forty thousand dollar improvement. So we're already upside down, which means my clients putting more into the off site improvement

voluntarily than they'd be able to get back in mobility fee credits. So to do anything more, we're really getting to the point of it being um pretty difficult for a small project to do that. Um if there's some way to get mobility fee credits against something other than the bet bike ped, um portion, if it's can roadway portion because maybe it's safety or something, then we would have a larger budget to work with. But right now they're already fronting paying for um This off site improvement other than thirteen thousand six

hundred and eight dollars of it.

MarianoVice Chair

Well, we're looking for a significant amount of people to go into a small piece of property. Um and there's a park right down the street that the ki people are gonna go to. So I thought we had conversation we pretty well agreed whatever credit you could get you'd get. But if not we'd still get the road done or the path done as wide as we could. Um L let me ask this. When we talk, did we talk about doing less units than eighty four?

Barbara Wilhite

No, no, you we're fine with eighty four.

MarianoVice Chair

Didn't didn't you s tell me that they had plans before that we didn't think it was getting more than the fifties?

Barbara Wilhite

So right now they're a while ago we talked so it helped me understand. We have R4 zoning, which allows a maximum number of units, which I just shuffled my paperwork here. eighty-four units under the current zoning and it's got a special exception for duplexes, which allows forty-two duplexes and or eighty few eighty-four units. So keeping density the same.

MarianoVice Chair

What w what was the plan that we talked about? I thought you showed me that there was a plan that was less density, I thought.

Barbara Wilhite

You got um the engineer's got all those details. We're gonna have we're gonna have to get him up here. I don't I don't know.

Unidentified speakerVoice C

Hey, good afternoon. Jesse Blackstock for the record for uh 1646 West Snow Avenue, Tampa, Florida. Uh and you've been sworn? I have, yes. Thank you.

The question regarding the number of units in terms of what can be achieved on the site, with taking into account what the other thing is.

MarianoVice Chair

No, no, no. What I'm asking is when we had our conversation, we we talked about I thought eighty four was a high number. And then you said I thought it was you. It was someone else in the room. that the plans that were already in place were actually From design from twenty years ago, whatever. Correct. It was more like fifty units.

Unidentified speakerVoice C

Yeah, correct. It was actually forty-eight to be exact. Yeah, the number of units previously was forty-eight, and it was not a townhome product, it was single family homes, but they were narrower units. They were probably thirty to forty foot wide. So when you introduce the fact that we're doing townhomes, we may be able to get more than forty-eight on the property. But still gotta take into account the wetlands and the floodplain and the stormwater and all that. So one of one of the things I'd point out is the challenge for the eight-foot path is the red is what's showing wetlands. But when you look at the national wetlands inventory uh of wetlands, obviously it

would have to be flagged. But the area that's around that uh S-shaped or kidney bean-shaped uh uh for lack of a better word, closed basin sinkhole. Around that you're gonna have a bigger buffer, a bigger wetland. So it's gonna be an impact as it is probably even with the five foot sidewalk. So the eight foot, it's substantial when you look at the map. It you doesn't look that way on the Pasco Mappers website, but on the national one there is one. We also have a wetland to our s western edge where that floodplain is showing, we had uh Merriman Environmental

go out and flag that wetland. It's just not formalized yet with Swift Munda with the county. But obviously once we get past this point it would be. So there's areas we have to stay out of to the west of us. And it kind of links up with the wetlands to the south of the existing single family to our west.

MarianoVice Chair

Okay. Looking at the map to the right, we'll talk this to the trail first. Your first section of your property you can do how much how much you probably can do as far as the width of a trail?

Unidentified speakerVoice C

On our property, I mean, per Co we're doing the five-foot sidewalk, but if we have to do the trail, it would be obviously bigger, it would probably be eight foot, I would imagine. Multi-two.

MarianoVice Chair

I would be comfortable with a so for you to go for your property Down to the next section down looks okay when it gets to that sinkhole area. Maybe you could put just some elevated type of

We have to put a wooden bridge going across it to kinda get it so you don't have the impact, whatever. one way or the other rather than filling it in to which I don't think it could do. Yeah,

Unidentified speakerVoice C

but that's what I'm getting at. Yeah. I mean it's I

MarianoVice Chair

think so I don't mind if I don't mind if it shrinks at that point there, but for the rest of it it should be should be wide enough for a trail except for around that area.

Unidentified speakerVoice C

Yeah. I don't know the right of way width, but yeah. For us we're having a daycare right away. It's a little tougher as you go say, I don't know, without a survey it's hard to know.

Barbara Wilhite

So the condition says subject to permitting, so or the deed restriction. Yeah. So uh did we answer your question about the density?

MarianoVice Chair

Uh you did. Um And again, so when we talked you didn't think you were probably gonna get the density that we were going for, but in the item it says not only do you want the eighty four, but if it all allows you to get more, you would want to put more units in that.

Barbara Wilhite

No no no it's eighty four. It's count at eighty four.

Very clearly eighty four, which is the res six density, the maximum density under res six. It's the maximum density today under R four. You gotta remember it's res six. It's on a vision road. It's on a road where you're gonna put future transit. I usually don't see that very often when I look at the long range transportation plan. It's kind of unusual to see where you're going to do future bus service. So pretty important road. Um makes sense to have density on it. Your land use plan says to put density on it. Your

schools are under capacity in that area. Your road is standard and so you know with those things those are the reasons why um the townhomes make sense. Town homes are they're fee simple, so people they're homes that people can buy, which we need more of. um they're maintained, commonly maintained by a HOA. So all of those things um lead towards it being that being the right you know density number. To allow for a townhome project. And

the f the it's just a matter of the money on uh for that sidewalk. Uh unfortunately our We only generate thirteen thousand worth worth of mobility fees, uh thirteen thousand in change. So we're already paying like three times that they're gonna pay it out of their pocket. Um to put that site off site sidewalk in. So I'm open to solutions if anybody has a solution on w how we can get more credits.

MarianoVice Chair

Yeah, so let me go to

Barbara Wilhite

that would be the that would be the solution. I mean we're absolutely happy to do it.

MarianoVice Chair

So again, I was expecting you to come with a an a a lower density number. Section two A on the uh Applicant it says the applicant has volunteered to record a deed restriction. to the property for the following restrictions. There should be a maximum of t eighty-four townhomes in the property unless otherwise approved by the county through a subsequent rezoning of the property.

Barbara Wilhite

Right. So if we came back and changed the land use in the future and wanted to change this deed restriction, it's saying that you can change the deed restriction by going back through the process.

So it's just a d it's the way the deed restrictions, that's a standard way our deed restrictions um are written.

Not that any of those things are gonna occur, but

MarianoVice Chair

Okay. Um Go ahead, Commissioner Starkey.

StarkeyChair

Um Okay. Why is there a Not a tree in front of every townhouse. There is? Okay, what so what am I reading here that it says a uh tree wait, I just saw it. A minimum of two lot trees shall be placed in front of each four unit. So that would be a minimum of four trees in a four unit.

Unidentified speakerVoice B

So this is your policy? I just did we not update that yet? Or is this something I need to do here today?

Didn't we update the townhomes?

Unidentified speakerVoice D

You may want to read the in the beginning paragraph. Eat lot each lot shall be required to have one lot tree per lot with the following additional planting requirements. Just uh one lot tree per lot with the additional requirements.

StarkeyChair

Well what are you calling a lot? Can one lot have four homes units on it?

Fitzpatrick

Well this is gonna be

StarkeyChair

Or

Denise

is fee simple ownership.

StarkeyChair

So this shows that there's gonna be three trees in a four Huh? It says that there's gonna be three trees in front of a four unit.

So why aren't there four trees in front of a four unit? That's what I'm asking. And here I'm reading Two trees in front of four Units. Am I reading that wrong? In C

Fitzpatrick

I right above it. Well I'm in C A. Well I says you have one un one tree and then underneath of it it says two more trees for the four and then it says three more trees for the five.

MarianoVice Chair

So you you want to get it at the minimum one plus

StarkeyChair

I'm not sure it's reading that way. That's what it says. But what what is that Who's who worked on this? My which planner worked on this? So I can understand it's shorting the trick. Is so it's one y house per lot? 'Cause this doesn't make sense to me to say each lot. We'll have a tree and then you can have townhouses. So Is that one It's confusing to me, sorry.

Liam Devine

I'm I'm sorry, I was stepping away to be able to pull up the deed restrictions online. Which section are you talking about? You're

StarkeyChair

talking about CI? Cm. It says in the in the event that property is subdivided and developed to create townhouses or duplexes on individual lots. Um So if you have a little bit of a little bit of a little I mean so I am assuming one townhouse You're not gonna put one townhouse on one lot. That's where I'm confused. Sorry. But maybe you are. I don't know. Maybe Yeah,

MarianoVice Chair

Brad, get up there and help.

StarkeyChair

Help me. Help me, I'm sorry.

MarianoVice Chair

Uh

Unidentified speakerVoice E

yes, G Simple townhomes are subdivided into individual lots. If you have four units that are attached, it will have lot lines. It'll have four lots.

StarkeyChair

Okay. All right, so each lot will have one Tree. And And then additional Two for every four? Even if they're not on the same S for every four lots you have to add another two? Is that what you're saying? I'm still a slightly.

Unidentified speakerVoice E

That was carried over. This is what we've been using. Um so it is it is no different.

StarkeyChair

Okay, so it's the first time we're seeing this language then. Because no, Barbara you seen this? No commissioners, this is copy and

Denise

paste from your policy.

StarkeyChair

Yeah.

Denise

Yeah.

StarkeyChair

Okay. Um Uh

So it's one plus additional. One plus every other It's weird. I'm sorry.

Unidentified speakerVoice A

So I hate to venture into this, but you're You've got an MF one multifamily zoning district. In theory if the applicant hadn't restricted it in her deed restriction to townhomes. It could be

A multifamily project. I think that's some of what's what you're getting confused about. But They they have said they're gonna do eighty four townhomes. To do townhomes that way you're gonna have to ha if if they're gonna be fee fee simple They're gonna have to subdivide it. They're gonna be lots. You're gonna get a tree on each lot.

StarkeyChair

Okay, that's all I care about. Okay.

Barbara Wilhite

And Commissioner, yeah. That language it I'm looking at the deed restriction itself. So there shall be a maximum of eighty-four dwelling units on the property unless otherwise approved by the county. That is pretty vague. So we'll we'll take out unless otherwise approved by the county. 'Cause it says above it under one point one it says here's the deed restriction unless it goes back to our rezoning process. So I get I see your concern. So we can take that language out.

MarianoVice Chair

All right, well if we can do that and then we can put in eight foot foot wide trail. Except for that one sinkhole there you can get onto a five foot path at that area. I'm gonna be okay with it. Are you okay with that?

Barbara Wilhite

Let me just ask my client back here.

Okay.

MarianoVice Chair

I'll make a motion for approval. Remove. We didn't

Barbara Wilhite

hear public comment yet.

MarianoVice Chair

Oh I'm sorry.

Barbara Wilhite

I don't know if there is or isn't. Is there anybody online or anything? But they're all free simple. Madam Clerk, do you want to know about public?

StarkeyChair

So is there anyone here wishing to um speak to this?

Nikki Alvarez

I have no one signed up for public comment and no one is on WebEx for this item. Okay.

MarianoVice Chair

Uh Madam Chairman

Nikki Alvarez

Mariano

MarianoVice Chair

I'd like to say I'm very happy to see it is fee simple though. I think it's great for our people to be able to own the property and especially in this area here. Uh I'm gonna make a motion with approval with the conditions as the applicants agreed to have a eight foot wide trail running to the south to Veterans Park. Uh with the exception of whether it's a sinkhole out there where it could be a five foot bridge or sidewalk along that way. And with the limit of the eighty foot eighty four town homes. Second.

StarkeyChair

All in favor? Aye. Opposed? Okay. Thank you. Thank you. And P eighty