Zoning Amendment (Consent) – Roy N Geraci III et al/Joy Drive North MPUD – Change in Zoning from a A-C Agricultural District and a A-R Agricultural- Residential District to a MPUD Master Planned Unit Development District To Allow for a Maximum of 107 Single Family Detached Dwelling Units and Associated Infrastructure on Approximately 45.3 Acres – Southwest Pasco County – On the North Side of Dogpatch Lane Approximately 390 Feet West of Joy Drive and Abutting Joy Drive Approximately 650 Feet North of Dogpatch Lane
What the county recorded
Staff recommendation
Approval with Conditions
No disposition in the minutes
The approved minutes do not say what became of this item. That is a gap in the record, not a decision. It is the normal state for 24% of items. Most of those are regular business and board reports that the minutes do not dispose of in writing. This archive never infers an outcome from the fact that someone called a vote.
The source document
The county’s agenda for Planning Commission, Jul 7, 2022
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Planning Commission, Jul 7, 2022
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDD-22-7588 in full →PDD-22-7588 was taken up 2 times between Jul 7, 2022 and Aug 9, 2022 — this is appearance 1.
- Jul 7, 2022PlanningPC10▶No disposition in the minutesthis item
- Aug 9, 2022BoardP93▶Approved
What was said
Machine transcription of 31m of recording, with speaker names inferred from voice matching. 64% of 121 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
I'm sorry, PC ten, sorry. Sorry about that.
Liam Devine, Planning and Development, PC ten.
Joy Drive North, M P U D, P D twenty two dep dash seven five eighty eight. The subject site is located on the north side of Dog Patch Lane, approximately three hundred and ninety feet west of Joy Drive, and abutting Joy Drive approximately six hundred and fifty feet north of Dog Patch Lane. This is in
Oh.
This is an aerial view of the site.
The surrounding future land use is Res3. Here is a look at the current zoning.
The applicant is requesting a rezoning from AC Agricultural District and AR Agricultural Residential District to an MPUD master plan unit development on approximately 45.3 acres, with a maximum of 107 single-family detached dwelling units. The applicant is requesting the following deviations to the Land Development Code. LDC section 901.6.d.11, street design and dedication requirements, and LDC 901.1.8, transportation corridor
spacing and special design requirements for subdivision collectors.
Staff has reviewed these variations and found that with each LDC section, the connection to the west is to Joy Drive, a county-maintained dirt road and will be used for emergency access only. There is an existing homes and driveways on Joy Drive, emergency access. only will allow less disruption to these existing homes and driveways. and still provide proper traffic circulation. Um in addition, an interconnect
to the west would also require potential impacts to a category one wetland. Additionally, the location of a stormwater pond in a natural low-lying spot on the site, which is a common location for ponds, that would be to the southwest. The southwest parcel that would potentially connect to this MPUD development has a floodplain and continuation of the category one wetland from the north, which provides obstacles for this parcel, providing interconnections. Here is a look at the
master plan.
The subject site consists of single family dwelling and mobile slash manufactured homes on approximately forty-five point three acres. The applicant proposes to develop the property with a maximum of 107 single-family detached dwelling units, subject to the comprehensive plan.
The surrounding areas characterized by residential development consisting of single-family detached dwellings, the Oakstead MPUD to the west, mobile slash manufactured homes, and the Pasco County Animal Service Center. The subject site has a future land use classification of Res3. And this is coming with a recommendation with approvals from the Planning and Development Department. I'm here if you have any questions.
Okay. Thank you, Liam. Is the applicant present?
Good afternoon. Barbara Wilhite, 6327, Grand Boulevard, New Port Richey 34652. Welcome New Planning Commission Member Moody. Thank you. My neighbor. At my office. So this project is consistent with the Res 3 land use classification. For the property. It's had the Res 3 land use designation for about 30 years. And it's also being served by Central Water and Sewer. And the minimum density for a project to be served
by water and sewer is the Res 3 land use. So it's the plan for this property is to have this type of density on it, served by Central Water and Sewer. It's also in the South Market area and the urban service. Yeah. With regard to Joy Drive, you saw the presentation from Liam, very good presentation. Regard to Joy Drive, existing dirt road. Uh we're only given emergency access to that road. I would note that that existing dirt road is on my client's property. So they were asked, hey, would you help the neighborhood by basically giving
the right-of-way an easement so that they have an actual road that's allowed to exist on their property? So that's actually something that'll benefit the community to the current situation of the fact that there's a road on somebody else's property that they use to access. Yeah. So my client not required by the code, but my client uh being a good neighbor agreed to do that. I have with me my my client, uh Mac uh Mac Mc I my client Mac. Just drew a blank. And um Steve Henry, if
there's any uh issues regarding transportation. I have not heard personally from any of the folks that may want to speak, so I don't know exactly what they want to speak about. And so in uh we would reserve our time and rebuttal to uh to speak to address whatever they might uh bring up.
Thank you. Okay, thank you, Barbara. Yeah.
Okay, um anyone here to speak on this item again please when you come forward state your name and address and uh just go ahead and reference the item you're here to just talk about.
Hello, my name is Kathryn Baxter-Polenitza. I live at [address removed], located in the Marchmont subdivision of Oakstead. I'm coming here on behalf of a lot of my neighbors who live in that subdivision and most of Oakstead as well to bring up some of the concerns that we have with this development going in. I have contacted my attorney. He is not able to be present here today, but we'll set up a memo and send that to you guys. A big portion of the
why the reason why I'm here today is because of the wildlife that we have. Um I know my neighbors see gopher tortoises pretty frequently. Um they are an endangered species. They have um just as much right to be in their area as possible. Um and when with this development what I'm seeing is it's looking like our wetland is going to be enclosed. Um enclosed off. I know you're not touching that wetland, but what you're doing is causing an issue with them their gene pool that they'll
be able to to have. And that's very devastating for an endangered species. We also have concerns con uh about the schools. Our schools are completely overpacked right now. We have portables at all of our Oakstead Elementary Schools. We have issues with traffic. I've seen myself fire trucks not be able to get to where they need to go because of the amount of traffic that we have on Lake Patients. So these are some serious concerns that we have
as neighbors. Unfortunately, a lot of my neighbors couldn't be here today because of the time of this meeting in the middle of the work week, but I wanted to come forward and state that we do have a lot of concerns and I think that this um This is not in the best interest of our wetlands, our protected n our protected wildlife and uh Yeah, I I just I I wanna I want more answers and I'm hoping that we will be able to stop this. Thank you.
Can I ask her a couple of questions?
Who told you that the gopher tortoise is an endangered species?
I know that from my own research. It's a protected species.
Yes, and I know that with in uh protected species such as gopher tortoises, they burrow underground for up to twenty-five feet. That are their connective routes. Um however I know that within twenty-five feet of one of their burrows, there cannot be any construction built. On it.
Correct, unless they acquire the required permits to relo relocate the gopher tortoise, and that's commonly done.
Absolutely. It it is commonly done, but
so is there a specific reason it shouldn't be done here? They're brought to a gopher tortoise reserve or sanctuary.
Absolutely, there's a reason. This is their natural habitat, this is where they have been, this is where they should be. I don't believe that building on their land and relocating them is is right, is correct. I think that these animals are here for a reason. I believe that We're going to block in this wetland. There's developments that are coming in everywhere. There's nowhere for these animals to go.
If I got the plans and permits for the subdivision you live in, would I find that gopher tortoises were relocated?
Can you repeat that question?
I said if I got the plans and permits that were issued for the construction of your subdivision. Would I find that gopher tortoise were relocated?
Uh you know, I'm not too sure on that. However, I do believe that there are current animals right there, and that's just one animal that I'm talking about. We have species of birds that we've seen which are endangered animals. So I think that blocking in this wetland is is Is wrong. I think that you're not allowing these animals to have the gene pool that they need to be able to reproduce to keep them. uh flourishing in our environment. I understand your concern.
One other question. Why do you feel it necessary to retain an attorney and send a memo to us?
I feel that's necessary because I feel like this is a a very big destructive Um
is your are you Stating that there's some violation of law going on here?
No, I consulted my attorney. I believe that I should be able to consult an attorney on matters that are going on in my backyard.
Okay, thank you.
Okay. Um I think there was one more.
Good afternoon. My name is Ron Ruprecht. I live on Mitchell Road, which is uh on the other side of Lake Patience from this, and b between Lake Patience and L and Little Lake Patience is where I live, actually seventeen hundred feet from the property we're talking about. We do have quite a bit of deer in the neighborhood and all that Wetlands is part of the habitat of uh quite a large herd of deer in through there.
That's not why I'm here. I'm here because of the positioning of this uh um subdivision and now I understand that it's a trailer subdivision, which we've got enough of that in the area of which I live around, but my house I'm trying to improve. But All of Oakstead is higher level housing. And now you're going to put 107 houses, probably two cars per house, that is going to
dump out right next to Oakstead Elementary School on Lake Patience. I am the president at Turbine Diagnostic Services at uh on Gun Highway and my primary route is across Lake Patients in front of uh Uh Oakestead Elementary. My wife takes our kids to Oakstead Elementary. This is my neighborhood. But you're gonna put two more hundred more cars in the neighborhood dumping out right into the worst congested
area of our county in the morning and in the afternoon when this school is is going in session and letting out a session. It's impassable. There's probably up to a half hour delay. uh in the morning and the afternoon depending on which direction you're going. And now to the east of that area is another rental home subdivision going on and another on just further east of
that is another subdivision, Lake Patients is going to have to be a four-lane road with turn To accommodate this elementary school. This isn't really good planning. And everything is going on on Tower Road. which is right on the other side of this forty acres, the forty five acres, And the access to in and out of this property should be into Tower Road, which is under development, plans
for expansion, and can accommodate this. I'm not sure that even the people, the new kids in the neighborhood are going to be able to fit into Oakstead Elementary. It was full before it opened. Um I am concerned about the wetlands as well. 'cause they are part of an integral wetlands that ties in with Lake Patience and Little Lake Patience. And Lake Patience was ruined by a um uh wood mill back
in the eighteen hundreds and um We don't need any more destruction or deterioration of our wetlands there. Little Lake Patience is has been cleaned up here in the last decade and is looking really good and we gotta be careful with the wetlands in this area. But There's Lake Patience Road is impassable and you're gonna add more to that.
Okay. Thank you, sir. Yes, ma'am.
[address removed]. Gland the legs.
Thank you. Okay, is there anybody else here to speak? Okay, please uh come to the front.
Hello, my name is Barbara Heck. I live at [address removed] in the Oakstead community. Uh I wasn't going to speak but he brought up that gentleman that spoke before me brought up a a really good Point. You cannot get through. Lake Patience at school time. I try to deviate, go around the other way, go through Sun Lake or whatever, even when it's a shorter way for me to go there. that is just not impassable and I wonder
if emergency vehicles ever had to get through there at small time, they would not. Your house would burn down or somebody could die in a car accident. It's terrible. And you are going to add more. And that brings up if this subdivision is was zoned for a hundred and two. Why are we allowing a hundred and seven? We have such tremendous growth here. And it just We don't need to add more to it. If it's
already zoned for that, that's a point. You don't have to increase it. We the schools are overcrowded there. I happen to live on the preserve. We do have tons of deer come right in my yard all the time. I can't even keep my plants growing because they're eating them all. But It's beautiful back there. There's a lot of birds and hawks and all kinds of l wildlife in there. And I'm so afraid that this is going to Scatter them to who knows where because even down
in that Dog Patch Lane area there's another subdivision going in there. So How much can we absorb? And do these places pay impact fee for the roads and the schools. So that's all I have to say. But please Give it some real thought. Where we're going to hold the line. Thank you.
Okay, and mayam just real quick use the direction. Yeah.
No.
Yeah. If you c if you can just please raise your right please raise your right hand and she'll swear you in. Yeah, there's one.
Thank you. And one more?
I should ask this before, but while you're on your way up, have you been sworn? She needs to be sworn too, so they they tried to warn me up here, but I was too slow.
Do you swear from the testimony you were about to give the three so long you got? Yes.
Hi, I'm Debbie Moore. I live at [address removed] and we live right adjacent to the Kristen Lane Grove, the Kristen Joy Grove, Joy Drive Grove that was approved in September for 54 houses. and we are in a pierce swampland and that's what I'm wanting Sean. You guys see pictures up here that look like that. We are in class one wetlands. We live in the only spot on our six acres that isn't wetlands. And it's pure swamp everywhere. Show them son. You guys look at stuff on a piece of paper, they show a
piece of green and you think you can put houses there. And it's like when Oakstead came in in nineteen ninety nine. We filled up the whole commissioners everywhere the port the um Yeah.
Go move around, Sean, show them.
Anyway, we filled up the whole commissioners hearing at the Oakstead hearings back in nineteen ninety nine and everyone just totally ignores that now. We were like very rural back then. We defended it back then. We're just getting pounded and pounded and getting slammed in as tight as you can possibly get. It's like it's just very wrong. If you could pass these pictures around just um Yes, I don't see the stand either at all.
Yeah, there you go. And then just just to clarify for when you're speaking, we won't hold this against your time, but The the applicant gets the rebuttal. You get this is your three minutes to present.
Okay, I understand. Last time the lawyer told them all kinds of false stuff and we were we were told Lake Patience Road used to be high functioning, go straight on through, and never did. They were we were told that um there was no problem on Lake Patience Road with traffic. There have been deaths out at Lake Patience Road and Chris and forty one. This is a very, very horrible road. At night there are people in black clothes, bicycles, baby strollers. Um Baby uh carts from the people live in the woods back there too still that go up and down that road at night and you do not see them. My daughter had people on either side of the road and she called me crying 'cause she they were both right there on Lake
Hations Road in the dark of night and this is continuous. That's in front of the new rental homes. Anyway, you guys you need to pay attention to what you're doing to the county because you don't walk the property, you don't know what it's like.
Thank you.
Okay. Thank you.
I think she wants these pictures back, so
I yeah.
Okay. Is there anybody else?
Okay, the applicant's rebuttal.
Barbara Wilhai for the applicant. I think the issues regarding wildlife have been covered by Planning Commission Member Moody. We have done a wildlife survey. We do have the requirements for us regarding gopher tortoises that'll maybe be complied with. Not like you said, just like the neighborhood that she has moved into. Um back then We didn't have to relocate growth of tortoises. They were allowed to be buried. So we're actually Yeah. things have progressed now and there's more protections for Gotha tortoises over time. The
um As far as schools goes, we have been reviewed by the school board. We have our school capacity review. We have to do school concurrency at the time of site plan review. um redevelopment plan review excuse me and we will do that. I do have regarding traffic um I have uh Mr. Henry here with um with us that can go over traffic I would say with regard to the the one person that spoke that's gonna hire an attorney, I can tell you that we have met all the requirements. Um your staff, the
staff goes through all of that very carefully to make sure that we meet all the requirements and even asks for more things like the joy drive easement.
We do have an interconnection to the north. I know there was a comment regarding access to tower. Um if you look at the at the master plan. We um our project is not adjacent to towers, so what we have to do and what the code requires us to do is provide for that interconnection. So if there's a project to the north then we interconnect to the project to the north. and so forth to Tower Road. So we w we'll be providing that connection as noted on our M PUD plan. The issue regarding uh 102 versus 107, it is 107. It's just a process under the comp plan that's
the maximum density. It's just a process. The code says you have to do a conservation easement. To be to have that density conservation easement over the category one wetlands. So it's a process, but the maximum density under the complaint is one hundred seven.
So there's no proposal to impact wetlands.
That's correct. Correct. Do we have any impact to wetlands?
I will
tiny
half major of less than it's just that it's a tiny
A tiny impact.
It's not part of the category one wetland system. It appears to be an isolated wetland, a small isolated wetland. But our density bonus is coming off of The density under the comp plan between 102 and 107 is coming from the category one wetland. That's being preserved. In order to get that the county. is now requiring it's actually been in the code for a very long time. uh conservation easement. So you'll see our Our memos are starting to be written differently and I think that's why the confusion because it normally would just say 107, but
the county wants to make sure that we do a conservation easement over the category one wet one in addition to plaiding it as conservation and deeding it to a homeowners association or CDD, we now have this extra step which gives attorneys more things to do. Yeah, and we do pay school impact fees and mobility fees. Um that was one of the questions. And uh with that, um at with regard to the plan for this area, it is Res 3, it is the urban service area, it is the area where the county has invested in
water and sewer, it is the area for for the density, and we're complying with all the requirements of the code to develop at that density in this location. I'll let Steve talk to you a little more about transportation. Thank you.
Can you help me understand the logic be with the mobile homes? Really?
Yes, I don't know I actually I meant to I have under quotations here. I'm not sure how we're the trailer subdivision we are. Single family homes. Um single family detached homes. It's Madame Homes. And we are complying with the board policy. The board has put policies in place about how they want trees done and how they want um different things done for fifty foot lots and so forth. And we didn't and so we're complying with that. But there's no it's all single family detached homes.
No, single family detached homes.
Okay. Well then How did the young lady uh indicate mobile homes? Is there just a misunderstanding?
I could you expla I wasn't me.
So on the presentation, it talks about what's currently on the site. So this parse uh this project c comprises of multiple um sites. So there are single-family homes and then mobile manufactured homes currently on the site. So under the current zoning today, those are allowed. Under this MQUD proposed zoning, that would not be allowed. it would only be single family detached dwellings allowed. Does that explain it?
Okay. So what happens to the mobile homes that are there now?
They would have to be removed.
Okay, that's what I w Thank you. Just need clarification on that one. And we're gonna talk about traffic, right? Yes. Okay.
Steve Henry Linkson Associates 5023 West Laurel Tampa 33607. We did conduct the timing and phasing and access management analysis in accordance with the county criteria. And we looked at the Lake Patients Drive, and that currently has a VC ratio, volume to capacity ratio with our project of 0.69. So that operates within the adopted level of service and VC ratio for the roadway. In addition to that, we looked at the
intersection of Lake Patients in Joy Drive. Based on the analysis, left turn lane would not be warranted at that location. However, the developer has committed to put in a left turn lane at that location. So they will be doing that as a part of the development. Of the project. As far as the school, the school hours are actually 9:40 and 3:50. So they fall outside the normal peak hour for residential homes. Yes, we will have some traffic, but the reality is most of our traffic happens between the hours of seven to
nine and four to six when people are going to and from work. So the school is actually an off-peak period as opposed to a a normal street peak. Period. So our impact on that road at that point in time would be minimal. So that concludes my presentation unless anyone's got any questions for me. Yes.
Do we have a timing yet of when Tower Road is going to
be completed up that far or do we know yet? Um I I do not. I know that I believe and again I that the county is doing a P D and E study to figure out whether or not When that will go up and and what the timing is. But I I have not looked into that in detail. Thank you. Thank you.
Chris, the subject of uh school capacity came up a couple of times related to Oakstead and kind of surrounding schools. Can you speak to that?
Sure. So as you might imagine, um, you know, the schools along the entire corridor of fifty-four and fifty-six. are challenging right now with the growth. So So we have overcrowded conditions at Starkey Ranch and uh Bexley Elementary and Oakstead Elementary and um Conerton and um many of the Western Chapel schools as well. And so with the with the you know, and so we
we are adding capacity. As we can. So we actually have in this area a new K-8 that'll be we're working on constructing to open by 2025. and that school will um Take a look at the easy. probably all of Oakstead's boundary that is currently south of fifty four. So that'll provide significant relief to Oakstead at that time and also provide some relief to Bexley.
We are hoping that that K-8 school will have enough capacity that other folks can choice into that school as well who might have um might want to have the K-8 experience and provide additional relief to Oakstead.
And then, you know, and I won't go into the other projects we're working on in Wesley Chapel to mitigate the overcrowding and that. Yeah. Um certainly traffic is an issue when when When you have an overcrowded school and even a non-overcrowded school with a bus driver shortage we have, certainly more people are driving. We're actually looking to try to expand the drop-off, the pickup and drop-off loop at Oakstead and try to uh add some capacity to that. It's not gonna solve the problem. Um but
it will help. Um certainly this uh project will add, you know, probably about 20 elementary school students to this particular school if and if in fact all of those decide to go to Oakstead. Many choose to go elsewhere to magnet schools or charter schools. Um but we would add twenty, the the vast majority of the growth in the Oakstead boundary is is finished. But certainly there is some you
know, growth coming still to the Oakstead boundary, but again the um the addition of the K eight school uh on the south side of fifty four uh over by Ballantre will uh is planned to provide the bulk of the relief to Oakstead in a couple of years.
Thanks, sir.
Mm-hmm.
Okay, is there any uh anything else from up here?
I guess obviously just before we uh before we take a motion, uh I mean this is a comment any time there's development. Yeah, we s we sit up here and we hear these same things all the time, um traffic, uh environmental Habitat, wetlands, all all those kind of same things. I mean I remind everybody a couple of things. First and foremost, this is only at the zoning level. This isn't the construction plan approval. A lot of those items will be addressed at construction level. Um also there's other agencies out there and th there's a
lot of agencies and a lot of review that goes on. John mentioned and brought up about the gopher tortoises and and the the time and the money and the the effort that's required for relocation and protection of those species. There's things in the county ordinances that protect the wetlands. I mean in this site there's class one wetlands that are pretty highly protected. um within the comprehensive plan of the county. So, I mean, a lot of the provisions have been made to um address the specifically the things that everybody's brought up here today. So Just wanted to um I
don't
know.
Is there a motion? We move to recommend approval of item PC 10.
I'm second
it. Okay, there's a motion and a second. Any other further discussion? All in favor? Aye. Aye. Opposed? Motion carries.
Okay Planning Commission members. Um off this item you're sitting as the LPA, the local planning agency. This item is going to be presented by my esteemed uh colleagues with the with building construction services, but I just wanted to um To to basically introduce the item. It's BCS twenty two zero two seven zero and it's an ordinance by the Pasco County Board of County Commissioners and it's modif modifying Land Development Code Section eleven oh four flood damage prevention. Um I do want to bring your attention to Denise,