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
DispositionAdopted
Approved to adopt by a roll call vote.
The source document
The county’s agenda for Board of County Commissioners, Dec 6, 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, Dec 6, 2022
The published PDF, as served by the county. This item is one entry in it.
What was said
Machine transcription of 15m of recording, with speaker names inferred from voice matching. 86% of 90 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Aye. Okay, P ninety nine. Do we have proof?
Yes. Uh P ninety nine was published in the Tampa Times on October 5th, 2022.
Thank you, Mr. Chairman. Item P ninety nine is 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 403. Section 403.4, Stormwater Management Plan and Report. Section 403.5 construction plan. Section 403.7 Mass Grading. Section 403.9 Modifications to Development Approvals. Section 403.10.
Section 505 AR Agricultural Residential District. Section 506 AR1. Agricultural residential district. Section 507 AR5 Agricultural Residential District Section 508 AR5MH Agricultural Mobile Home District Section 509 ER Estate Residential District Section 510 ER2 Estate Residential District Section 512 R1 M H Single Family Mobile 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 Districts Section 516 R3 Medium Density Residential Districts Section 517 R4 High Density Residential Districts Section 518 M F1 Multiple Family Medium Density District Section 519 M F2 Multiple Family High Density District Section 520 MF3 Multiple Family High Density District Section 522 MPUD Master Plan Unit Development District, Section 525, Neighborhood Commercial Districts, 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 N O five point two Landscaping and Buffering. Chapter 1000 Miscellaneous Structure Regulations Section 1003 Gates, Fences and Walls, Chapter 1200, Nonconformities, Section 1203.4, Nonconforming Signs, Chapter 1300, Concurrency and Impact Fees, Section
1301, Concurrency, Appendix A Definitions and Other As necessary for internal consistency, providing for applicability, repealer, providing for several, inclusion into the land development code, and an effective date. There was an update to the body of the uh Proposed ordinance in section three under applicability and effect on existing development approvals. The revision has been uh submitted to the clerk and I believe distributed to the to the board.
Um but it's a simple sentence that was added that would say notwithstanding the foregoing, nothing herein shall affect the validity of notice provided prior to the effective date of this ordinance. So there are public hearing that have been scheduled, such as this coming Thursday, um, that have noticed their projects according to the existing notification standards, not according n not necessarily according to what's in the proposed ordinance.
Okay.
You don't have the qu any questions?
Yeah, I had a I had a question. On the new language for fences, is that's that's in here, right? The um Chain link fences that we're getting w so I I I saw in here, I'm kinda looking for it, but I got sucked into the landscaping part. Um Uh somewhere in here it talks about the fences. And it I I thought it okay here. In Chapter 1000, section one zero zero three point one. It's uh it says chain link aluminum or
similar fences and gates visible from collector arterial roads. Um are prohibited. I thought we'd be able to do that. fix that to say you could have decorative aluminum. So I just wanted to make sure that we're not messing up there. And we showed examples of those fences that are with those vertical bars.
So that's
That's my understanding that the f that the fence language was looked at uh post uh LPA discussions and that it was upgraded to reflect the desires of the
Well I thought it was too button. And and I can't click on anything here, I don't know what's going on, but when I read it and I see that it still says. The aluminum. So just wanna is it fixed? I guess that's my big question.
It is the intent to have been fixed. Yes, the system right now is not responding for some reason.
So that's question one and then number two is that if we're going to have some fence rules Uh we need to be sure that we're catching these and ha and have the ability to enforce it. So I believe that we're gonna we need unless Brad, who's in central permitting, um I think that's your department. Current planning. Okay, sorry I'm wrong. I just want to make sure that with someone comes in with a commercial building that ha
if we don't have a fence permit and I'm just talking comment commercial fence permit here. How will they know what the rules are?
Yes, we're gonna look at that. This is one of the things that that we found when we were looking at this. It seems like a very simple concept, but it's actually kind of difficult to put into words with restricting certain things, not others. So it's it's very easy with this. We do have the alternative standards. If you're meeting the intent of the code, we understand what that intent is of the board. Uh so that if someone comes in we can look at that uh and if they do have an aluminum fence that does meet the intent, we can go ahead and approve that. Uh and if they're coming in with something that's aluminum but not meeting the intent of
the code, we can also deny that. So it gives us that flexibility. So that's one of the reasons it's it's written this way.
But what if they don't have to come in? I mean does everyone have to tell you what fence they're putting in?
of any part of their development. Construction.
Well I I was gonna ask why a metal would be prohibited versus a type.
Well yeah.
Um I mean If the idea is to pro prohibit chain link or similar fences. You may w just want to get rid of the term aluminum. Because I'm not sure what it it does for you there, but I was not involved in the discussions.
We we can certainly do that. We can make that change here as part of this, or we can uh pull that piece out and bring that piece back whichever way you prefer to.
And we need to add Bob wire.
Uh let me let me caution as far as picking a a m a a metal, because you could have a painted black aluminum fencing that looks really good compared to a chain link fence, which you may not like. You may like a colored black chain link fence, which
Not Not n not on this kind of these kind of roads. You want those on in other or in the back, but not tracing.
So I I agree with you. All you have to do is say chain link.
Yes. So the if I may, Mr. Chairman Chairman. The in the agenda memo it notes that
you don't want
well
you don't want hog wire.
I just Well I just got a a note from staff member that said that the language was supposed to be chain link welded wire or similar fences,
not aluminum. Exactly. That's
the right one.
Um In terms of uh the LPA discussion that occurred, um the LPA requested that the aluminum material be removed from the prohibition instead and to instead include a style offense as opposed to offense material. So that's the intent. Um and they asked for comments on the matter in terms of security from uh the sheriff's office. Um
But the the Sheriff's Office The decision on whether or not to prohibit them is a policy decision for the BCC.
Right. And I talked to the sheriff and he's fine with the Aluminum. Actually actually that's harder to climb. Those vertical aluminum bars, then chain length. Chain length is one foot and boom you're over. So he l he was fine with it. Yeah.
So that's uh i if the board is adopting this ordinance, that section should read chain link, comma, welded wire, or similar fences and gates visible from collector or arterial roadways. on the highway vision plan and functional classification map shall be prohibited.
Okay, that was that was that
can be part of somebody's m the The motion.
Okay, that's that will be part of my motion, but it's a public hearing.
All right. Any other questions or any more presentation, Terry?
Uh presentation was made at the previous public hearing, so this is the adoption hearing.
Okay. I mean two new commissioners in case they want to see any more? Good? I'm good. Okay. All right, let me call for public comment. Anywhere anyone on the list?
No one signed up on the list and no one is on WebEx. Okay. No one move for approval.
Hang on one second. Anyone in the audience here to comment on this? Okay, seeing no one. Mr
Mr. Chairman, if I can ask Mr. Goldstein, did your did the agricultural language get into the these changes?
Yes, Denise said that she had the agricultural language. Okay.
Wait, uh I'm not sure my question got answered though. Who is in charge of Um making sure I don't want someone to come in, put a chain link fence, and then have code come out and tell them, oh, you're not allowed to do that. I wanna make sure they know ahead of time because that that's just a nightmare for our citizens. So how will If we don't have a fence permit, commercial fence permit requirement. How will people know What's required what's allowed and what's
not allowed.
And do we so d therefore do we need a commercial fence permit process?
Mr. Chairman Mariano to the Commissioner's question is that we don't have currently a commercial fence permitting process and that we would have to take a look at and figure out how to regulate that and implement it.
We need to do that because we don't want people putting it in and then be told dad to take it out.
Yeah. I don't think we do we do we want to pass this ordinance before we do put that in place.
You've already you're already allowing the easy thing. Chen cha uh you're already allowing offenses to go in every day without a permitting process. So I think you Yeah, I think you change your ordinance to what you want it to be and and have the permitting process catch up with it.
Yeah. I mean that's a pretty easy thing.
Well okay, but l what about the effective date? Do you want to make the effective date once you have it set up?
No, because I think there's a lot of things in here that that are important. Um so Um Just bring that back to us as soon as you can. And in the meantime you need to have some kind of internal plan.
Terry, how long do you think it would take to bring it back? I mean not bring it back, but get it in
place. I wouldn't I don't think I'd be able to answer that because it the commercial fence permit would w would be within the building construction services department, if I'm not mistaken. It wouldn't necessarily be in the planning and development department.
Good afternoon, Commissioner Sally Sherman, Assistant County Administrator of Development Services. If the Board desires to go on and implement, incorporate as a part of this ordinance that all commercial permits All commercial projects Well that have fences will be required to obtain a permit. I would say go on and incorporate it and what we can then do is if you would allow us an opportunity to educate, then we can do that and and move forward
and work with our uh commercial developers and and development community to ensure that permits are received. We'll do informational pieces and get it out as quickly as possible. Great.
Maybe and maybe we don't even need a permit for this. Um I think on one of the M Puds I saw that came in It had a comment when comments were fed back once the application was put in. The comments were put in that you're gonna follow our code where you don't put in certain things. It was like this one was v vegetative. But we maybe we just could add comments in Instead of having any more permitting just to say when you do this fence you cannot do a
And but keep in mind you have permits, you have projects that are already existing that they go in and install fences just for security purposes that they don't even have to come in our office to discuss.
I I do think we're gonna need some kind of process. Um But I'd like your suggestion to get it started.
Okay. Okay.
So I would incorporate did you want to say something, Terry? Okay. So I would incorporate that in my motion to approve. But did we take public comment?
Can we re can we restate the motion, please?
Well it's
too
before we go, Terry might want to say one more thing.
Um just to go back to the question as uh to update the language. Uh regarding the defense material that we were having the discussion that we were having, in the pro in the proposed ordinance before you, the language is correct and updated. It reads chain leak, welded wire, or similar fences and gates visible from collector, etc. So that what's in the ordinance, the proposed ordinance is updated. The red line version apparently had the old language in it. Okay. Okay. Right. So we're good then.
Okay, so I don't need to change that.
Right.
But I would add Sally's comments, which I'm not gonna repeat.
So you want to direct us to bring back the Sally's Yeah. Sally's comments though, however, cannot be They don't they don't fit into the ordinance. They they're more along the lines of direction to staff.
Okay. Well staff has that direction and I approve then um I move to ex To pass what number are we on? Adopt. Adopt.
This one. And I'll
say it.
Okay.
Ninety nine. Ninety nine.
Okay. It's a roll call vote?
District One, Commissioner Oakley. Aye. District two, Commissioner Weightman.
Aye.
District three, Commissioner Starkey. Aye. District four, Commissioner Bradford.
Aye.
District five, Commissioner Chairman Mariano.