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
What the county recorded
Staff recommendation
Approve
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
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.
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.
- Apr 21, 2022PlanningPC4▶Approved
- May 17, 2022BoardP76▶Continued
- Jun 21, 2022BoardP81▶Approvedthis item
What was said
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.
Thank
you. P um eighty one. Item B eighty one was published in Tampe Times on April sixth, twenty twenty-two.
Liam Devine, Planning and Development. Item P eighty one.
Sorry.
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.
Madam Clerk.
Yeah.
Um question. How many wetlands are on the site?
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.
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.
I'm sorry, can you repeat
that
again?
Um you have your n note you want to pull it up?
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.
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.
Now you're talking
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.
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.
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
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.
Okay. Uh and if you would pull up let's pull up the wetlands.
Okay, so it just shows it's at Upland Drive.
That
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.
I'm I'm not sure what other map you're referring to.
It's under exhibit a legal description.
Are you seeing my text?
It's got a circle there. I'm not sure why the circle was drawn, I guess. We'll try to zoom in.
Um Jack, you need to cover per second.
I'll I'll
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.
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
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.
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.
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.
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.
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.
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?
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.
Okay.
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.
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?
No, no, you we're fine with eighty four.
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?
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.
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.
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.
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.
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.
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.
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?
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.
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,
but that's what I'm getting at. Yeah. I mean it's I
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.
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.
So the condition says subject to permitting, so or the deed restriction. Yeah. So uh did we answer your question about the density?
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.
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.
Yeah, so let me go to
that would be the that would be the solution. I mean we're absolutely happy to do it.
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.
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
Okay. Um Go ahead, Commissioner Starkey.
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.
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?
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.
Well what are you calling a lot? Can one lot have four homes units on it?
Well this is gonna be
Or
is fee simple ownership.
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
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.
So you you want to get it at the minimum one plus
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.
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
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,
Brad, get up there and help.
Help me. Help me, I'm sorry.
Uh
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.
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.
That was carried over. This is what we've been using. Um so it is it is no different.
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
paste from your policy.
Yeah.
Yeah.
Okay. Um Uh
So it's one plus additional. One plus every other It's weird. I'm sorry.
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.
Okay, that's all I care about. Okay.
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.
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?
Let me just ask my client back here.
Okay.
I'll make a motion for approval. Remove. We didn't
hear public comment yet.
Oh I'm sorry.
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?
So is there anyone here wishing to um speak to this?
I have no one signed up for public comment and no one is on WebEx for this item. Okay.
Uh Madam Chairman
Mariano
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.
All in favor? Aye. Opposed? Okay. Thank you. Thank you. And P eighty