Zoning Amendment (Regular) – Betty H Fetty TTEE/Betty H Fetty Trust – Change in Zoning from an A-C Agricultural District to a PO-1 Professional Office District – South Central Pasco County – West Side of Dale Mabry Highway Approximately 1,900 Feet North of the Hillsborough County Line – Containing Approximately 8.505 Acres

1:21:53P seventeen? Item P 117 was published in the Tampa Times on August third, 2022.

1:22:03Okay.

1:22:04Good afternoon, Liam Divine, Planning and Development. Item P one seventeen. Um before we begin, I have received an ex parte form from Commissioner Starkey, which has been submitted to the clerk's office. Item PDD 22-7636 in the name of Betty Feddy, Betty H. Fatty Trust. It is a rezoning amendment from AC Agricultural District, P01 Professional Office District. The subject site is located on the west side of Dale Maybury Highway, approximately

1:22:341,900 feet north of Hillsborough County line. This is a look at the aerial view of the property. The surroundings future land use to the north east and south is all ROR and to the west is Res six. The surrounding zoning is AC to the north. To the east is AC, C two, and M P U D. To the south is AC and to the west is R one. Yeah The subject site is currently undeveloped on approximately eight point five acres. The applicant proposes

1:23:05to develop the property with professional office in conformance with PO1. Professional office district standards for development. The surrounding areas characterized by commercial, professional office, and residential properties.

1:23:19Access to the property is from Dale Dale Mabury Highway, a F dot maintained arteriular roadway with approximately two hundred feet of right-of-way and a private maintained ingress-egress easement to Preston Lane. The subject site has a feature land use classification of ROR under the comprehensive plan. And this is coming with a recommendation for approval from Pl Planning Commission and Planning Development Department. I'm here if you have any questions.

1:23:42I do have a question. Um can you put the map up? Of course. Just 'cause um we've all gotten comments from questions from people. Um Will the applicant be using a private road to access his property?

1:23:57I think that would be a question for the applicant, which is a good idea.

1:24:01I have the same question.

1:24:04Discuss that. Okay. And w board members, do you have any questions for him? Okay. We'll take the applicant.

1:24:21Good afternoon. Barbara Wilheit, 6327 Grand Boulevard, New Port Richey, for the applicant, which happens to be our own Tampa Civil. They want to expand here in Pasco and stay in Pasco and uh build a new office here. So With that, I'm gonna have Jeremy answer your question and I'm gonna he be here to uh answer any questions as well.

1:24:43Okay.

1:24:47Commissioner Starkey, Jeremy Couch with Tampa Civil, 1793 Hunting Bow Circle Lutz, 33558. I have been sworn. I have no intention of accessing this property from Preston Lane to the west. This property is on Dale Mabry and the first time. We want to access from Dale Mabry. We want a Dale Mabry address. Okay.

1:25:09All right. There were concerns and I think people signed up to speak to because they were concerned for some reason they were thinking you were coming in off a precedent. But I listen I listened to the Planning Commission. And I thought it was pretty clear to me that they weren't going that you said you weren't coming in off of Preston, so

1:25:27all of our construction equipment will access from Dale Mapry.

1:25:30Okay,

1:25:31fair

1:25:32All right. Um This is a public hearing. Knowing what you've just heard, is there anyone who still wants to speak to this item? Okay.

1:25:43Make it. I'm not sure if you're not It is great to see more office and congratulations on expansion because that means another Pasco County business is doing awesome things. So

1:25:55should we change change the name to Pasco Civil though?

1:25:58Oh

1:26:02Madam Chairman, Commissioners, my name is John Calamari. I reside at [address removed]. I am a professional engineer. I've been licensed in multiple states for over 40 years and in the state of Florida since 1998. Prior to that I was in construction. I've made my living that way for fifty years. I am not opposed.

1:26:30and expansion. However there are some Items that need to be clarified. Mister uh couch just stated that he will not use Preston Lane. for construction purposes. Meaning as a whole road for uh heavy equipment and materials. However, he did not make it clear That it will not be used.

1:26:54entry and exit for the occupants of his building. So that needs to be clarified. Uh secondly, uh it's been established that Preston Lane is a substandard uh drive. I incorrectly stated at the

1:27:14That Prussian Lane is fifteen feet wide. It is only ten feet wide. So the uh paved surface does not allow passing of two vehicles. Uh somebody has to back down nine hundred feet, five hundred feet, or they have to pull off on somebody's driveway or a lawn. So we would need to absolutely establish that it shall not be used for additional vehicular traffic uh from the uh proposed

1:27:45office. Now an interesting item came up at the Commission meeting and it was established that between the PO1 land use and the existing residential land use, there must be a type B buffer constructed. And um Mr. Couch agreed. that he would meet or exceed The requirements of a type B buffer. I wanted to find what a type B buffer

1:28:16is. It must be fifteen feet in width. It must have Shade trees planted every thirty feet. These trees, when mature, must be at least twenty feet high, with an extensive broad canopy and lower branches to help disguise the uh opposing use. There must be shrubs in between the trees. There must be a visual screen. usually

1:28:46in the form of a fence, six to eight feet in height. That fence must be Fifteen feet. away from the residential property owners Borderline. There seems to be some misunderstanding about that, so I want to make sure that gets read into the record. And uh That's all I have to say.

1:29:13Okay, thank you.

1:29:14Thank you for your time.

1:29:15Yep. And see you didn't need that extra time you asked. You did just great. I learned it worked more quickly when I repeat my testimony. Okay. Um there's another

1:29:27person

1:29:28standing

1:29:28up. Um yes, come on up. And then um no you can't speak from there. So you you can Okay. Go ahead and do your comments and then we'll double check on that um Because we don't we don't have a site plan, so we don't know what's going on with Preston Lane here. So I would have that question.

1:29:53Good afternoon and thank you. I think uh because I'm representing other folks uh who are here. Uh that uh five minutes would be an appropriate time?

1:30:02Yes, but you you understand he's not y well. Is your question about Preston Lane and the buffer?

1:30:07Yes. Well Prest no, Preston Lane and that easement that is showing in the agenda.

1:30:13Do you represent a group of five or more people? Yes. Could you raise your hand? And they're not gonna speak, you're gonna speak on their behalf.

1:30:21Yeah, no one else no one else will be speaking.

1:30:22No, no one else is speaking. But then he's entitled to five minutes.

1:30:26Okay. Uh so uh Good afternoon. My name is Philip Pasantino. I'm a retired person. I live on Preston Lane. Uh we're talking about protecting Preston Lane as a private road.

1:30:44Sorry, that's the First presentation. Okay. I wanted to show you this picture of a mail truck coming down Preston Lane to give you some sense of the size of it. It's nine and a half to ten feet wide. It's a thousand feet long. And as you can see, a mail truck has to do a K turn just to uh turn around to s do the other side of the street. This is probably the most important slide I want to get across today. As you see, uh the property that the seller has is up on the upper right. That's called the FEDI

1:31:14property. There's a property that's available below it. Called the uh Hope property, and as you can see, there's zero connection between those two uh parcels. Preston Lane is coming in, as you can see there. There's a planted community garden. Uh there's a site of some road damage that was done in the earlier uh uh trailers that were brought in. There's no opportunity to turn around, and there was uh a new uh septic system put in place. For forty thousand dollars. So it gives you some idea that it really wouldn't

1:31:45make any sense. And we're pleased that we're not gonna be having construction things. But why do we care? because uh we had to pay for a resurfacing a while back for 35,000. We need to do that again. Uh we were assessed fourteen thousand dollars. to make the corrections to Lake Como Drive, which is the feeder road to ours. Uh there's one homeowner on the road who uh has both a home and a vacant lot and was appropriately assessed for

1:32:15both of those. So it's perfectly appropriate to uh assess a uh private uh a a uh an empty lot. And since all of these assessments are only on Preston Lane, there's no one who was assessed at a Dale Mabry address. Uh One resident paid thirty-five thousand dollars for St. Cole remediation and uh in the earlier presentation that uh we didn't need to do because of the assertion we have uh significant premiums on our street for uh

1:32:45flood because there was construction done to build the target. on County Line Road, and when that was done and they filled in the lake, they flooded our uh road and it took about a year for Swift Mud to repair that. So as you can see here, uh We don't want to have that happen again. There was a a flood that was a little bit more than a little bit. Actually, inundated several of the homes and several tens of thousands of dollars were done. What we take exception

1:33:15to is a statement that was put into the agenda talking about a privately maintained ingress and egress easement that was granted by the seller. Uh we found no legal document to sub showing that assertion. The easement was drawn in on land that the builder does not own. The question is how and why is that being done? All the maps show a clear all the county maps show a clear demarcation. The only appearance is on the builder's own self-drawn. The seller, the FEDI Trust, is

1:33:46not a resident of Preston. They weren't assessed. For any of these things. And so our position is that there's the seller has no standing. to convey a means of access to a privately maintained road. This is the drawing that we take the greatest exception to. If you take a look right at the lower left corner, you can see that an easement has been drawn in. Okay? It's this is a personal uh uh drawing, it is not a a county drawing. And uh It

1:34:16was submitted by the builder and it's very detrimental to Preston Lane. They have 321 feet of frontage on Del Mabry, uh, but I can't help but uh wonder and challenge why we're still being asked uh privately if we'll allow uh vehicles to go uh up and down Preston Lane. It's just it's a no-go for us. Okay. My next question is: is it a valid easement? And this is very, very important, because under Florida law, A an

1:34:46easement must be recorded, it is not. It must be maintained, it is not. It must be used continuously, um, it was not, and if it ever existed, it's being cons it is considered under law to be expired. It must be on land you own, they do not. It must be the only means to access the public road, it is not. Okay. If it's a private road, it cannot be used for commercial purposes. It must be necessary. The b the seller never used it and it's not needed. And if Preston Lane was

1:35:17intended for such access, it would have been built wider. So what we want to make sure is that we're not building into any proposal that there's some sort of imaginary easement that is allowed to be put into this road. It doesn't exist. And and as you can see here, they've already cut some road uh out to Preston Lane, and you can see that. I'm closing with uh I would like to say that the neighborhood is fully united. You can see just about everybody on the street

1:35:47has come out for this. In addition, there's 25 homes on Lake Como Drive that would be affected by uh trucks and any other uh vehicles coming down. There's been uh various proposals at various times for RV parks. There's talk about using this for mixed use. We'd ask for protection for any access, for any construction.

1:36:09For any construction mixed use. commercial Del Mabry. We must avoid the private drive being rezoned beyond its uh current use, and we'd like to continue the production the protection both now And into the future. So I guess I see if people are asking for motion. So I would like to ask for a motion to protect. Preston Lane both now and into the future, and to remove from that uh document any discussion of an easement that isn't a legally

1:36:39binding uh item. Thank you very much for your time. I appreciate it.

1:36:44Thank you. Um can an applicant come back up?

1:36:49As um he spoke for that big group and everyone who raised their hands, you've given up your time. Is there anyone else that didn't raise their hand that wishes to speak? Is there anyone online that wishes to speak?

1:36:59I have no one on WebEx for the site.

1:37:05No um sorry, you cannot you can't speak from there. Thank you. Okay, so Can can we address Preston

1:37:11Lane? Barbara Will Hight, sixty three twenty seven, Grand Boulevard for the applicant. I thought Mr. Couch was pretty clear in uh what he said to you on the record uh sworn um under oath. There was a uh Mr. Kalmari mentioned that he didn't think it was adequate and that he wanted uh Mr. Couch to say that Preston Lane will not be used for ingress or egress for for occupants of the building. So I need you to Say that on the record under oath.

1:37:38Jeremy Couch Commission, I swear occupants of the building will not use Preston Lane for ingress and egress. I'm gonna fence it off. There you go. Thank you. Okay.

1:37:47Okay, so that will be part of the buffer.

1:37:51There'll be a fence on the property line. I don't wanna get into the question of the easement and that's not for today. I I have no interest in using Preston Lane for anything. I'm going to put a fence on the perimeter And there'll be no access to Preston Lane. Okay, great. Thank you.

1:38:07Thank you. The the other comment was regarding the type B buffer. We will comply with the code. I'm Don't know if the characterization of the code were correct or not correct um by Mr. Calamari, but we will comply with the code.

1:38:22Board members,

1:38:23any questions?

1:38:25Okay. They answer it.

1:38:27All right. It's in my district. So take a motion then. Motion to approve. I'll move approve. Wait, is it it is my district, right? No, it says district four now. Used to be my district. It's not mine anymore.

1:38:41So it would be motion to approve without any access from Preston Lane.

1:38:50I'm sorry you cannot speak from there. Thank you. Go ahead. County Attorney.

1:38:56It's no,

1:38:57I'm sorry. Nope. Nope. We'll answer those qu we'll we'll get that straightened out up here.

1:39:04Okay. So this is so your motion is the one that is that is in your staff report, which is adopt the zoning amendment, authorize the chairman to execute one original resolution, provide and direct board records to distribute as set forth in distribution section.

1:39:20Madam Madam Chairman M There is a statement in the resolution about access being to Preston Lane I agree with the county attorney you can't condition that on the but you could direct that that finding be stricken from your resolution.

1:39:36Let's

1:39:37If that's if you want that to be part of it.

1:39:43But it doesn't matter. If if they've if they're not gonna use utilize that, they've said they're not gonna utilize that. If if you wish to take out that that provision of the word or the resolution, that's perfectly acceptable.

1:39:58Motion to approve and remove access from Preston Lane.

1:40:08Well to be clear, I wasn't suggesting that you remove I was saying you remove the finding that their access for the zoning meaning from press only, remove that from the resolution. Not term I'm not asked suggesting that you terminate their easement.

1:40:22Okay.

1:40:24So

1:40:27Amend the resolution.

1:40:30Amend the resolution.

1:40:32The finding of fact number two.

1:40:34The finding of fact number two

1:40:37only Only says access to the property is from Dale Mabury Highway and F T O T Maintained arterial road with approximately 200 feet of right away and strike the remainder of that sentence.

1:40:52What he said. I'll second that. Yeah. Okay, all in favor? Aye. Aye. Opposed? Okay. All right. We did we we did exactly what you guys were wanting back there. Thank you. Okay, P eighteen.