An Ordinance By The Pasco County Board Of County Commissioners Amending The Pasco County Land Development Code; Chapter 300 Procedures, Section 304 Public Notice Procedures; Chapter 400 Permit Types And Applications, Section 402.2 Zoning Amendment – Master Planned Unit Development District; Section 403.3 Preliminary Site Plans; Section 403.4 Stormwater Management Plan And Report; Section 403.5 Construction Plans; Section 403.7 Mass Grading; Section 403.9 Modifications To Development Approvals; Section 403.10 Landscape Plan; Chapter 500 Zoning, Section 503 A-C Agricultural District; Section 504 AC-1 Agricultural District; Section 505 A-R Agricultural-Residential District; Section 506 AR-1 Agricultural-Residential District; Section 507 AR-5 Agricultural-Residential District; Section 508 AR-5MH Agricultural Mobile Home District; Section 509 E-R Estate Residential District; Section 510 ER-2 Estate Residential District; Section 512 R-1MH Single Family/Mobile Home District; Section 513 R-2MH Rural Density Mobile Home District; Section 514 R-1 Rural Density Residential District; Section 515 R-2 Low Density Residential District; Section 516 R-3 Medium Density Residential District; Section 517 R-4 High Density Residential District; Section 518 MF-1 Multiple-Family Medium Density District; Section 519 MF-2 Multiple-Family High Density District; Section 520
What the county recorded
DispositionNo action
No action was required as this was the first Public Hearing. The adoption hearing was set for December 6, 2022 at 1:30 p.m. in New Port Richey.
The source document
The county’s agenda for Board of County Commissioners, Nov 15, 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, Nov 15, 2022
The published PDF, as served by the county. This item is one entry in it.
What was said
Machine transcription of 36m of recording, with speaker names inferred from voice matching. 90% of 164 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 for those donations to our citizens. Okay, this time we're gonna move on to the first First one, and that is P eighty-eight.
Item P eighty eight was published in the Tampa Times on October 5th, 2022.
Good morning, Denise. Good Hernandez. Good afternoon, Madam Chair, Commissioner. Denise Hernandez Planning and Development. PDD 230018 is a set of package amendments for 2022 of the Land Development Code. Just wanted to tell the commissioners that this is the first reading on this item. So there's no action required. Just please if you take public comment. And um this is set for adoption on December 6th at 130 in Newport Ritchie. So I'll read the title. It's
an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code, Chapter 300 Procedures, Section 304, Public Notice Procedures, Chapter 400, Permit Types and Applications, Section 402.2, Zoning Amendment, Master Plan Unit Development District, Section 30403.
Section 403.5, Construction Plan, Section 403. Grading section 403.9 modifications to development approvals, section 403.10, landscape plan, chapter 500 zoning, section 503 AC Agricultural District District. Section 504 AC1 Agricultural District Section 505 AR Agricultural Residential District Section 506 AR1 Agricultural Residential District Section 507 AR5 Agricultural Residential District Section 508 AR5 M H Agricultural Mobile Home District Section 50509
ER State Residential District Section 510 ER2 Estate Residential District Section 512 R1 M H Single Family Mobile Home Home District, Section 513, R2 M H Rural Density Mobile Home District, Section 514, R1 Rural Density Residential District, Section 515, R2, Low Density Residential District, Section 516, R3, Medium Density Residential District, Section 517, R4, High Density Residential District, Section 518, MF1, Multiple Family Medium Density District, Section 519, M F two, Multiple
Family District District District High Density District Section 520 MF3 Multiple Family High Density District Section 522 MPUD Master Plan Unit Development District Section 525 Neighborhood Commercial District C One Neighborhood Commercial District Chapter 800 Natural and Cultural Resource Protection Section 802 Tree Preservation and Replacement Section 805 Wetlands Chapter 900 Development Standards Section 901.5 Transportation Impact Study Section 905.2 Landscaping and Buffering. Chapter 1000 Miscellaneous Structure Regulations. Section
1003 Gates Fences and Walls. Chapter 1200, Nonconformities, Section 1203.2, Restorations, Section 1203.4, Nonconforming Signs. Chapter 1300, Concurrency and Impact Fees. Section 1301 Concurrency Appendix A definitions and other sections as necessary for internal consistency providing for applicability repeatable. for providing for severability, inclusion into land development code, and an effective date.
Madam Chair. Yeah. I think we finally have someone who can speak quicker than Mike Moore.
That was impressive. Okay, that was and there's a lot in here but I a lot in here. I need to and I'm gonna
go line
by
line with no idea what we're
doing.
Absolutely. Just wanted to read the title, get that taken care of. Okay, so the proposed amendments just to let you know they were uh presented to the horizontal round table and interested parties meeting on june fifteenth, twenty twenty two, on October twelfth, twenty twenty two, and October nineteenth, twenty twenty two. Aside from that there were some subgroups for certain sections of um the code that were created and items were presented as well. So on the on October 20th, 2022, the local
planning agency unanimously found the proposed amendments consistent with the comprehensive plan and recommended approval to the board. In their motion, the local planning agency asked staff to clarify related by blood. in the definition of family and ask staff to further review the prohibition on chain link fences, as in certain instances that are they are used for security purposes. The um LPA also requested that aluminum material be removed from the prohibition. And to instead include a style of fence as
opposed to fence material. Lastly, they asked for comments on the matter from the Sheriff's Office. As I go through those specific quest um sections, I'll tell you what staff has done, but just to suffice it to say that related by blood has been defined, I'll explain. Um the chain link fence prohibition, we did remove aluminum, and I do have some photographs, some of which were provided by Commissioner Starkey. And um but I'll I'll go over that when I go through the sections. All right, here we go. We're
gonna take a dive.
So the first item that was amended is Chapter 300 Procedures, and it's the public required public notice for development approval applications. We added a row in that section that comprehensive plan amendments are to be mailed, posted, published, and posted, and that was at the direction from the Planning Commission and the Board of County Commissioners. And you may have remembered that conversation happening when the Saddlebrook item. So right now they are not um They're only published. And
in some cases posted but not mailed. So now it requires all three, mailed, published, and posted. The next section is also in the procedure section, is published public notice published, and it adds that public notice published notice may be accomplished by any other means. So this is an anticipation of the effective date of 50.011 Florida statutes, which happens happened to the during the last legislative session, where that publication on publicly available website would suffice instead of having having
to do a publication in a paper of general circulation. So that just adds those three words that allows publication by any other means. And that's right. And we are working on a process to have that done on our website. And you'll probably see some things related to that matter. Um sh ass soon. Um the next section is uh Chapter
400. Yes. Madam Chair, if I could, just for discussion point. Um on the development agreement right now, all you're making them do is just publish it. Yes. Uh I don't think that's sufficient, especially if it's a significant change. Um does it currently a the Lynx golf goes over in Hudson's being. No,
they still have to put the signs. This is just a notification. Uh published in the paper, right? The stat the floor's g statutes changed.
Yeah, I think uh Commissioner Mariano is referring to Table three oh four-one where it calls out development agreement and it basically states that it's only required to be published. So Commissioner Mariano, you were asking for
I I think we need more more notice than that. If we can.
This isn't cheap. you can do more notice, but remember the development agreement is usually Something that is implementing MPUD zoning that you've already done.
This isn't a zoning
change or code. This is them building roads. This is building roads.
This is some development.
Yeah, development agreement usually goes along with a zoning change, you know, like pipeline project requirements and Things like that.
Okay.
Great. Thank you. You're very welcome. All right, so to continue. Um four hundred two point two B zoning amendment MPUD is being changed where that that section talks about that projects that exceed the capacity of twelve hundred daily trips are required to do an MPUD. So what we actually added to that section and it's gonna make a lot more sense later on because we're removing nine oh one five traffic impact study because traffic impact study Study hasn't existed for many years. We're getting rid of that section and reserving the
section, and that's where that 1200 daily trip. table is. So we're moving that 1200 daily trip table, updating the table, and placing it in 402.2A. And then also, because something that staff will be doing in the future is really analyzing whether 1200 daily trips is that a real trigger? I mean, that's been a trigger for many, many years. Perhaps it doesn't make sense. Something probably that will be coming to the board soon in 2023. Um we actually added that projects that are subject to a development agreement, a special
exception, uh, conditional use, um, do not need necessarily require an M P U D. So that's being added to that section. The next section is uh Chapter 400, 403.3 F1, preliminary site plans, time limit time limit on approval. Adds that if building permits expire after the sixth year of the preliminary site plan, the preliminary site plan also expires. The next section is and and this this change is going to be
for many other sections. The next section um is 403.4, 403.5, 403.7. four oh three ten and five twenty two. It adds, it replaces the term hard copy site development permit with hard copy site development placard, because it's really a placard, not a permit.
Alright. So moving on to um 403.9 modifications to development approval. This is a section where this is a true Scrivener's error. The statement should have been in the non-substantial modification section, not in the substantial modification section. The statement says that only portions of the development affected by the substantial modification are subject to additional review. It should really be only the portions of the development affected by the non-substantial modification, because the substantial modification. is really
a like a rezoning rezoning action that goes to the board. So you look at the entire code in that case. Mm-hmm. So this next section, Appendix A, definitions family, group living, arrangement, and residential treatment and care facility. This is one of the things that was changed during the Planning Commission meeting. So the genesis of these changes are basically and I'm not sure if the Board County Co Commissioner recalls that there was an alternative relief um that was submitted to the Planning Commission because
there a um Um Legal counsel for an applicant basically stated, Hey, um your definition of a family basically is unlimited, includes all kinds of people. So um this um this group that we're trying to do which under our code would be a residential treatment and care facility because it consisted of seven or more um folks and you'll see it in a second Um is really a family. It's not a It's not a residential treatment and care facility. So
in order to make to fix that, we modify the definition of a family. So the first part of the definition of a family is pretty much exactly the definition of a family for um The uh
Mr Steinseider, where did you where where was your previous employment?
Manatee County.
Manatee County, I apologize. It's from Manatee County. But the Planning Commission said, Hey, can you be a little bit more clear as to what it means to be related by blood. Could this be like my seventh cousin twice removed? You know, one of the Planning Commission's members said, hey, I found out through my 23andMe that I'm related to the Queen of England. I mean, could the Queen of England, she hadn't passed away then, um, could the Queen of England be my, you know, my family member? So basically what we did is that we looked at the definition of relative
in chapter 112.312 Florida statutes, and we added that definition. So basically it defines exactly what's related by blood or marriage or adoption.
So number C. Is that for like step families? Because what does it mean a group of six people who are not so related? 'Cause that seems like it'll be everybody, just six people.
Yeah, so um so basically that would include Um Kind of like the more Modern family members that are I don't want to get into like the term. Um so it would it would include a statement
not so related.
Yes, because so basically the reason why six is used is because the state of Florida has a definition of a community residential home that basically says that it's seven or more. So um so zoning has a there's a preemption in zoning that basically allows that if you're ha if you have six or less, you know, you can operate that use within a single family residence. So that captures that situation. And
that this is what
But you'll see in a second that we changed there's a there's now a definition for something called group living arrangement and you'll see how that captures that particular use. Alright, so then this is the new defin this is a definition that used to be called group home, but we expanded it to be called group living arrangement. Um so basically this it's so this tells you this is like It's it's in it's it includes but it's not limited to boarding homes, uh fraternities, monasteries, convent convents, um
abu uh homes for abused children, one of runaway shelters, uh dormitories, things like that. And um it clearly states that it doesn't include a residential treatment and care facility, and it also doesn't include independent living facilities because we all know that independent living facilities is just basically apartments, you know.
Oh madam Chairman M. And I might need Mr. Steinsteiner to chime in on this as well. I remember we had um it was probably a year and a half ago or we had the one public hearing Um out remember out at Coil Hollow? This is
as a result of that.
Oh yeah. What was that considered again? They considered
remember that part where we say no phones? Yeah. Thank you. Put 'em all inside. Well we had considered it's like a video game. Residential treatment and care facility under our code. But the the attorney for the applicant basically stated that because our definition of family was so broad based and it didn't limit the number of people. We needed to make changes to our code. So we actually worked with that attorney, Mr. Goldstein, and myself. We worked through these definitions and these code changes that are coming
up um in front of you now.
Right, trial by error, right? Of over time. Something that was written a long time ago. Right. Yeah. Okay. Thank you.
All right, and then um residential treatment and care facility was modified as well to basically state that these are these are basically more like skilled nursing nursing facilities and similar facilities that employ the services of skilled and licensed practitioners. That's what makes it different. And um they don't include independent living facilities. So basically these are the the next set is uh going over the changes um specifically to residential treatment and care facility. And I just wanna point out that this I'm
gonna I'm gonna go over what what hasn't been changed and what is being changed just to show that The continuity, yes.
And can you go back to that last slide because Does this mean you cannot have
one more than these?
We need the definition of family, I think, for
So moving forward if you have a single family home and if you have a foster home that has a foster family and they take in seven kids Is this saying you're they're limited to the number amount of kids that they're allowed to have in their home?
It's li it's it's this what this state is states is that it doesn't constitute Um, okay, so please correct me. Foster family when you foster a family, is that something that happens by law?
But seven seven foster kids in one house, that's a that's gotta be under one of these things. That's a group home.
If there's a sibling family of five and someone's willing to take them, but you already have a sibling family of three, they try to keep the families together. Yeah, well
like 'Cause the first definition uh the fur A does talk about that it could be re they could be related by law, blood, marriage or adoption. So I'm just wondering if fostering does that cover the law part of it. Probably. Are they related by law if they're a foster family?
As long as it's covered by Law because then they're foster brother and sisters and I'm okay with moving forward. Since
this is the um the initial hearing, why don't we look into that definition and you bring it back to us at the next slide?
Okay.
Okay, so moving forward, um residential treatment and care facility, it's a permitted use, no change in the LDC, C1, C2, C3, I1, and I2. It's a conditional use, no change in the LDC in AR, AR1, R1, MH, R2MH, R1, R2, R3, and R4 R4. It's a conditional use, it was previously a permitted use in AC. Now it's new conditional use in AC1, AR5, AR5MH, ER and ER2. So we added the
locations where it's conditional use in. Um group living arrangements, this is new, change, because the the concept has changed as well. Permitted uses in MF1, MF2, MF3. Conditional uses in AC, AC1, AR, AR1, AR5, AR5, MH, ER, ER2, R1, MH, R2, MH, R1, R2, R3, and R4. Um the point is if you're seeing like some Similarities is because we have to treat residential treatment and
care facilities and group living arrangements similarly. So the next item is Chapter 500 and this affects 512 R1 MH, 513 R R2 MH, 514, R1, 515, R2, 516, R3, 517, R4. Five eighteen MF one, five nineteen MF two, five twenty MF3. And it adds that neighborhood parks that are required at in as by section 905.1 are accessory uses in that district. So staff was kind of like asking the
question, hey, do I have to apply for special exception use in a in a park? I'm like, in in a in these districts? I'm like, well is it required by the code? And they're like, Yeah, I'm like, Well it shouldn't be a special exception, it's a it's an accessory use. So that we changed that. This next section um 517.3 R4 High Density Residential District. What we did on this one is we we modified the lot coverage so it's combined both principal and accessory. Currently the code says 45% principal and then an additional 20% accessory.
We decided to combine them. I'm thinking that this may reduce some of the numbers of master plans that come through because that's one of the variances that folks have been have asked for in the past. The next section is a correction in 5202.3 Q M PUD conditional uses. We just the section is wrong, it should be 402, not 401. And then the term is not short term rental, it's vacation rental. So we just fix that. Next
section is C1. We're adding animal hospitals and veterinary clinics as permitted principal uses. Used to be a special exception use, now we're adding it as a permitted use. The background of that is that we added veterinary clinics that don't have overnight stays in P01, and really C1 builds on P01. The next section is 800 Natural and Cultural Resource Protection 802.3. This is what's called the Loophole Provision for Agricultural Properties. So it clarifies the exemption qualification
for bona fide agricultural land use and exemption expiration. It remains renames the section to accept exemptions. And this item was presented at Horizontal Roundtable early in the process. on June 15th, and then there had have been many communications with the stakeholders in both September and October. The next section is 805 Wetlands. It basically adds FDEP as a reviewing and or permitting issuance agency. It also clarifies that public roadways are not subject to
reasonable use test determination and provides that the reasonable use test determination applies to non-public roadways and linear public or private utilities. It removes a non-mitigated roadway open to the public travel in public roadways sections. In there. The next section is stricken in its entirety and it's reserved. 901.5 Transportation Impact Study. We haven't had that for many, many years. Next section is minimum number of shade trees that a lot that is 6,000 square feet or less has. The table
is changed from one shade tree to two shade trees and it adds that a shade tree may be placed in the right-of-way fronting the lot. Um And then also it clarifies that buffer landscaping shall be located between the fence or wall and the street roadway, not internal to the property. And it codifies that memo that um Terry put together um regarding shade trees and regarding uh fence and wall street roadway. So this next section um deserves
a little bit of attention because there was a good good deal of conversation about it, which is 1003.1 gates, fences, and walls. So the board provided direction to prohibit chain link fences on um uh uh or or similar fences and gates visible from the collector or arterial roadways. as shown in the highway vision plan and functional classification map. So when this first was brought forward Um it said chain link aluminum or similar
fen similar fences and gates. Planning Commission basically said, hey, there's some aluminum fences out there that look really, really nice. And Commissioner Starkey did show us some that are metal or aluminum and do look quite attractive. So basically um we did remove the word aluminum and put welded wire which is a type of a chain link fence but it's kinda like I do have some photographs to show you. It's more like a um Chainling fence have more of a hexagonal pattern. Uh the welded wire fence
looks more like a hog wire. Say it again? Hog wire? Yeah, it's like a hog wire type of a thing. Um it does it is used in a lot of agricultural uses, but I could see how folks can use that type of wire in some commercial applications. Um Then another thing that the Planning Commission said is that hey, you know Chain link fences um they could be used for security because um if there's an an issue at the business the Um the
Sheriff's Office can come in and just do a spot check, you know, shine the light and see what's going on. So I did um and they and the Planning Commission said reach out to the sheriff. So I reached out to the sheriff that same afternoon and the sheriff said, Yeah, you know, they have a they have a point. The Planning Commission has a point. It could be used um for um secure and and I'm paraphrasing, not quoting the sheriff's office. Um they could be used um for security uh purposes. Uh but it it's this is a policy decision by the Board of County Commissioners.
I also reached out to the sheriff and he had no problem with these other fences. Um, right. And are you gonna show them? I
so if yeah. I know know there's two photographs that you may have sent and box, but or maybe three.
And then you'll I'm sure these board members have seen it because I'm sure Uh in most places, in most counties too, in cities, when they put a fence, they put one of these. And in Hillsborough County they that's what they do at their schools. not the chain link fence with the bob wire look. Um if you ever drive in South Tampa and look at the schools. Um and we did re we did restrict we did
say legitimate ag uses can that's it's that has been in the code. There's an exemption section. So that exemption section will certainly pick that up. Are you saying this one's okay? That's a welded wire. Yeah, that's
like McDill Air Force Base.
Yeah. But where's the one sh you'll see when it's Yeah, it'll it'll come up in a second.
There. Yeah. That's what that's fine. So this could be made of aluminum, so that's why we removed the aluminum uh you know, because the the Planning Commission was basically use the style as opposed to the material. Exactly. And we did Yeah, we did take care of it. Yeah. 'Cause
we don't want to prohibit these.
Okay, so we're gonna move on. Um the next section is Just uh you know a an unintended consequence from when we did the sign code, we should have put that section into the non-conforming sign section, not Not kept it in restorations. So we're just moving the statement to the nonconforming sign section.
Mm.
So concurrency and impact fees, this is like removing a good deal of legacy information because we have not had transportation concurrency for years and years and years. So it's just removing all the legacy terminology in the section. And then the last item is, I apologize. The next item is defining the term site development placard. Well. All right. So as I stated, there is no action required. If
you would please accept public comment. It's the first reading of the ordinance and um the adoption is scheduled for twelve sixth. twenty twenty two at one thirty in Newport Ritchie. And I thank you for Your attention and patience 'cause I know it was a lot of amendments. And I'm here for any questions.
Well that that is a lot for That much of what I was given in my book, which that's why there's no way I could read all that. I'm and it's not, you know, it's not
that's the so that's the clean if you got the red line version? No.
This is doesn't mean no good because I don't have the red line version. So
Okay, the red line version is literally this. Yeah, the
red line
I only printed the red line version.
You got both the red line and the clean there.
And this is is it's two it's two sided and I was running out of paper so I'm like, Oh my god, I hope I have twenty two sheets. So it's twenty so it's eleven sheets. Double sided. Okay or twenty two sheets single. I have to to
help my staff because I didn't need to kill this tree right here. Um stay file.
Um I do have a question and is Desire right into that question? This is a
whole
force.
I s I just sent an email just very shortly ago of I s found a photo online and this is something that I do want to prevent because does anyone know is Massachusetts an arterial or a collector? Massachusetts Avenue.
Right above me. Arterial, maybe? Which is the smaller one?
Public collector, yeah. Okay.
Okay, so the my question is driving down Massachusetts and we have this on the main road and then also something that also bothered me about this storage facility is not only there's no access from the main road, they're actually going into someone else's Community to get into their storage center. And all of this landscaping I thought is supposed to be on the outside of the community. Yeah, I I I don't understand the landscaping. And
this was in question when I first got into office because I questioned it as it was being built because the road was being destroyed as the trucks were coming into someone else's community.
Well
that shifts. Brad Tippen might be able to answer that question, but I believe, and if I'm not mistaken, this is what the prior um the prior self-storage facility section of the land development code allowed chain link fences to be used. Um when we adopted eleven oh five um then that became prohibited. So I don't know do you know the the date when this was done? Last year. Last year,
okay.
Yeah, so I I know that self-storage facilities, the chain link fences now under today's code are prohibited, and then they're further prohibited by what we're hopefully will be adopting on December 6th. Regarding the landscaping, I'm not familiar with the project. I don't know if anyone on the team is familiar with the project, if there was an alternative standard or if there was anything else approved allowing land you know uh with an allowance of the landscaping.
And in addition, you're seeing this from Massachusetts.
Yeah, but I I I mean, I think it's fixed now. No. But we To put the landscaping on the inside. I don't understand how we It's
code useless.
It's it's it's
Yeah.
I I I can't tell you how frustrated I am that someone was okay with that. And and makes no sense.
And I have to drive by that every day.
I know, I there's a bunch of these. There's a bunch of these that got through and but we We don't wanna see one more of these come in like that. I I mean we're letting the boats have the make sure that they don't have to see the cars driving by.
Yeah. Yeah, in my district we had a gentleman who had a chain link fence, put a opaque covering around it, wanted to put the landscaping outside, but they said the code wouldn't allow it, it had to go put it inside. He didn't want to put it inside. Wow.
Are you
kidding me? That was probably a year ago.
So that's so he just wasted money on landscaping for the right-of-way.
I think our planning staff's in the back and they can tell us that they're this we will never see this again. Right, guys?
Delighted to see it. Thank
you. Yeah. I don't it's but is there I almost feel like we need to come in with our money and put something across the floor. Madam C thank you. Yes, I was gonna ask
there
is
a grant or something to hide
it from Mass.
to their landscaping on the other side of the lands, sadly.
you.
All right, thanks.
All right, let's keep going because we got a lot.
Right,
that's That was my presentation. I'm not sure if there's anyone signed up to speak on that.
I uh this is a public hearing. Um does anyone wish to make any comments on this?
I have no one signed up in person. I do have one person on Webex.
Okay, fine. Hold on just a moment going to
We'll promote you in one second.
Okay.
Jake Cremer.
Wait, we cannot hear you. I see you you talking, but we can't hear you. Hold on to the right-of-way. Yeah.
So you're good on our end. Just check your microphone on your end and go ahead and proceed with your name and address.
Hey, can you hear me?
Yes, we can hear you. Thank you.
I I apologize for the delay, I know you're busy. My name is Jake Kramer. I'm a land use attorney at Stearns Weaver Miller, four oh n east Jackson Street, number twenty one hundred in Tampa. I'm appearing on behalf of my call several of my colleagues and planner Cynthia Spidel. Have two comments on the LDC amendments. We appreciate Denise and staff, County Attorney's Office uh working with a number of us on some concerns. And we were able to work through most of those except for two. Uh w one of those is that the the new fencing we uh
requirement, we believe that's important. We have a concern about the word visible though. And I think we all know what visible means, but the it's not a discrete standard that's that's measurable. So what would happen if a fence becomes visible if another landowner say cut some timber or it became visible? And and so one suggestion would be to have a distance from those roadways. So that it could be a measurable standard. Uh the
other concern that we have is on the is we believe that the exemption provision for bona fide agriculture uh tree removal needs a bit more work. I spoke to Florida Farm Bureau in Gainesville this morning and they have some concerns. I understand they've reached out to staff but because of the hurricane they may not have had conversations yet. We think it can work, but the way it's written in now doesn't allow for agricultural practices that are protected under the Right to
Farm Act to receive their full protection. So again, we a concern there is the reach back provision for bona fide agriculture. We're not looking for exemptions for development. We're just looking to protect agricultural properties uh in that interim so that farmers can keep their land uh while development applications are being reviewed, which as you all know sometimes can take quite some time. Rather than the land becoming fallow for that one to two year period. Uh so I think we
can work through that. Uh in the Basket Forum Bureau they've addressed this in Saint Johns County. And they're gonna be reaching out to the county attorney's office. So thank you for your time and uh appreciate your help.
Hang on. Um Dave. Well I just wanted uh to mention and and Mr. Creamer knows that we've been Communicating with Mr. Kramer back and forth. I think our last email with Mr. Kramer was on October 31st, and we're certainly Happy to work through this item um and get if if the need is to modify the language, we're happy to do so prior to it comes to the board for adoption.
Yeah, because this county wants to um allow for fencing for ag
I mean I'm an aggressive I wasn't talking about the ag I apologize. I was talking about the eight oh two, the tree removal. What what all of us know at knows at the as the loophole yes for removing trees. We need to fix that. Yeah. We're work we're working I I Mr. Creamer does have some um modifications that he wants to make, my understanding, but I don't know what those are, Mr. Creamer, because I haven't gotten an email from the Farm Bureau. Um so I'm not sure what those are. And I think you may have said that they are reaching out to us, which makes it seem as if they haven't yet. Um so we're
happy we're happy to work through that prior to the adoption phase.
Okay. There's time. All right, thank you very much. Is there anyone else that wishes to speak? Okay. Uh we have one more behind you, Denise. Uh Ms. Hernandez. I'm
Julia Bartunik, um [address removed]. I just wanted to speak that even though technically the foster family issue is covered by the law because the children are removed legally and placed legally, I think it's really important um because people when they're in a foster family, they refer to it as foster mom, foster dad. And because we're in an epidemic. Of removal of children and very, you know, they're struggling to find placement. I think it's
really important to include the words foster family in that definition or else they'll be revisited again and again and again. Thank you.
We're gonna fix that before the next point. I just I just want to add on that.
So anybody's right-of-way. Harvey, I am a guardian adem, have been for seven years. [address removed]. Excuse me. Um I just wanna add to that, that's very important to put into the language. Um it is by law, um, and I just wanna reiterate everything this woman said, um, but I do think it should Have the language to include foster family and I thank you for bringing that up.