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PC6No disposition in the minutesPublic hearingPublished agenda

Small-Scale Comprehensive Plan Amendment (Consent) - CPAS23(06) Karli New York Avenue Industrial- Providing for A Small-Scale Comprehensive Plan Amendment To The Future Land Use Map (Map 2-15 And Sheet 03) Changing From ROR (Retail/Office/Residential) To IL (Industrial-Light) On Approximately 10 Acres Of Real Property Located On New York Avenue.

PC Addendum AgendaPDD-23-0321District 5

What the county recorded

Published agenda

Staff recommendation

Approve

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

Published agenda

The county’s agenda for Planning Commission, May 18, 2023

The published PDF, as served by the county. This item is one entry in it.

Approved minutes

The county’s minutes for Planning Commission, May 18, 2023

The published PDF, as served by the county. This item is one entry in it.

This case, across meetings

PDD-23-0321 in full →

PDD-23-0321 was taken up 2 times between May 18, 2023 and Jun 20, 2023, continued 1 time — this is appearance 1.

  1. May 18, 2023PlanningPC6No disposition in the minutesthis item
  2. Jun 20, 2023BoardP47Continued

No appearance of this case has a final disposition in the minutes. It was continued, or the minutes do not dispose of it in writing — which is true for 24% of items.

What was said

Transcript

Machine transcription of 37m of recording, with speaker names inferred from voice matching. 92% of 218 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

Read it in the meeting →
Liam Devine

And we pulled PC six. PC six. Would you like to hear PC six first, Mr. Chairman?

GreyChair

It's going to go into the regular item, so yes. Yes.

Ebro Stevens

Good afternoon. Evro Stevens Long Range Planning. Presenting PDD 230321, a small-scale comprehensive plan amendment in the name of CPASS 2306, Carly, New York Avenue Industrial.

The subject site is located in the West Market area.

The applicant is proposing a future land use amendment to amend future land use map 2-15 in sheet 3 from ROR, Retail Office Residential, to IL, Industrial Light, on approximately 10 acres for light industrial uses. The subject property is located on the south side of New York Avenue. A resolution to the applicant's proposal is to amend future land use map, map two-fifteen

and sheet three from ROR, Retail Office Residential to I L Industrial Light. A rezoning petition will follow the comprehensive plan amendment amending the zoning from MF1 multifamily medium density to I-1 Light Industrial Park.

Aerial.

The existing future land use.

The proposed future land use.

Zoning.

The following policies support the proposed amendment. Policy flu 112, concentration of urban densities. Policy flu 187, Economic Development. Policy FLU 1810, Preservation of Capacity for Employment Generating Uses, and Policy Flu 811, the West Market Area Establishment.

Staff recommend that the local planning agency find the proposed amendment consistent with the comprehensive plan and to recommend approval to the board of county commissioners.

GreyChair

All right. I'll

Ebro Stevens

be happy to answer any questions.

GreyChair

Any questions from up here?

Nothing yet. Thank you.

Amy Heiler

It's

Unidentified speakerVoice A

already.

Barbara Wilhite

Good afternoon. Barbara Willheid, 6327 Grand Boulevard, New Port Richey for the applicant. This property is currently zoned MF1. Could have a multifamily as a matter of right today. This client brought forward an amendment to make his property light industrial. We were the leaders in this. The board then subsequ subsequently directed staff to do an IL initiated amendment in this area, which would include this property, but we were already in. Um so

there will be at some point staff will bring forward more I L in this area because it this is an area where it looks like IL needs to locate and will locate. I imagine we've been pulled, but I did get a call by Mr. Burr on behalf of Hudson Waterworks a day or two ago. My days blend together at this point on a Thursday afternoon. And apparently Hudson Waterworks has a well in the area of this property. I don't know where. It does not show on Pasco Mapper, which means it's not mapped pursuant to the county's wellhead protection

ordinance. I've asked for that information. I think staff maybe asked for the same information. I think if they received it I would have received it.

Liam Devine

So staff did request from our natural resources department if they had any information. They did not know of any wellhead protection for the neighboring site. We did reach out to Swift Mud to know ask them if they had any information if there's wellhead protection here. They did confirm they do have a Web, a water use permit. Um but are unaware or did not respond, did not confirm whether there is wellhead protection on that site.

Barbara Wilhite

Thank you. Thank you. So so my approach to this, I still want to receive their information and take a look at it. We're at the land use stage for light industrial. It does not mean and I know what I say here because I wrote uh helped write the Wellhead Protection Ordinance for the County when I was here. By saying that there's a wellhead in the vicinity of this property does not mean you can't develop it industrial. If there is a wellhead and it flows the right way and all the different science that goes goes along with that, um if that comes to be that there needs to be protection of that well relative

to the development of this property, you it's a zoning issue. The code spells out, if you're in a wellhead protection area, what you can and can't do in an industrial zoned property. So I would Obviously you're gonna take public comment, we'll hear what's said, but I just wanted to kinda tell you that I'm looking for the information and we'll when we get more information we can address it. Liam is handling the zoning part of this side of this, we're at the land use side of it. Um but obviously, you know, wells are important, so we'll get to the bottom of it and we'll

we can address it as zoning. Thank you.

GreyChair

Thank you, Barbara.

All right.

Durwood Horak

Yes, sir. My name is uh Durwood Horak. I'm the utility director with Hudson Waterworks. Uh we just found out about this uh Proposed Changes to the uh To the land there. This land is adjacent to our wells, to three wells. These are major production wells. Um We are mandated by uh the Florida Department of Environmental Protection to have a uh a wellhead protection program, which we submit to them.

Um with regards to submitting that to the county, I'm not sure if we're required to do that. Apparently we're not. Um This wellhead protection program states uh it first of all it's Chapter 62-521 of the Florida Administrative Code. Under FDEP, number seven says Wellhead Protection Area means an area designated by the department consisting of 500 feet radial setback distance from around a

potable water well. Where groundwater is provided, the most stringent protection measure to protect the groundwater. source for a potable water well and includes the surface and subsurface of the surrounding wells. So that means on top the ground and below the ground. This property in question

The entire property is in that 500-foot radius. Okay? Our wells, well number one, well number three, and well number four, are major production wells. We produce one million gallons a month from those wells. They are actually 79.6 feet. from the property line. If you go completely across the property line, we're at four hundred and seventy feet, so it encompasses the whole property. Um With

regards to the reason that we're opposing this is because under your permitted uses, under five twenty-eight point two permitted uses, Light Industrial Park District. you have several things, uh there's thirty six uh thirty six things that can go there. Um for instance number two, building material supplies, storage and manufacturing. Anyone knows that if you store uh pressure treated lumber you got cyanide

that could come off that. and cause us major problems. Arsenic. Arsenic is a bad bad thing for a well. Um I think our one of our other major things is towing service and connected storage of vehicles. And I believe that's what they're really looking at doing here.

That means if a vehicle is in a wreck and it comes there and they store it there, you got all kinds of oils leaking. You got oil, you got transmission fluid, you got brake fluid, you got antifreeze. All this is gonna go in the ground. If these three wells are shut down It puts us out of business. We supply drinking water to the whole city of Hudson. Um We have other wells. We have several other wells, but these are major production wells. My whole point is is we we must oppose this,

and we must oppose it because there's a potential for contaminating these wells, and we will continue to oppose it. Thank you very much. Can I ask you more questions, sir?

GirardiVice Chair

Are you are you the supplier for The water supplier for the uh If this property property were to be developed, would you be the one supplying the water, or would it be

Durwood Horak

That is correct? They are our office building is One uh well There's this property, then there's a piece of property, then our office building. And then on the other side to the west, immediately adjoining this property, is our wells. Uh we have several wells in the area. We have some on our property. However, they're out of that five hundred foot cone of influence and

The property right next to us has a a small yard where they store vehicles, uh wrecked vehicles, if you will, but they are away from our, you know, without that five hundred foot uh radius. This is a major concern of ours because this is gonna be right right there. It's right in there. I mean we would first of all be in violation of the Department of Environmental Protection uh R wellhead protection uh program and

you know we're we're required to have that.

Moody

Does sixty two five Have any specific activity limitations in that five hundred foot radius things that absolutely cannot happen. Like our own ordinance for instance, one of the things is a storm.

Durwood Horak

It it lists several. I don't know if you want me to read them to I'd like to hear them. Okay. Got a minute. Sure. Uh it calls for

It says new solid waste disposal facilities facilities regulated under sixty two seven oh one Florida Administrative Close c uh uh is pr are prohibited. New generators of hazardous waste as regulated by 62730, which includes household hazard waste as defined in uh Schedule forty, Part two six one B, nineteen ninety four. Hearing incorporated and adopted

adopted by reference. Shall comply with the secondary. Um New Hazardous waste treatment, storage, disposal, transfer facilities requiring permits, uh new above ground and it goes on to a whole bunch of stuff. Our biggest concern is oils, greases, fluids. The problem is this person may be absolutely not gonna have none of that stuff, but light industrial, according to your

code, allows that. So six weeks or six years or ten years from now, they could put a a large storage area in there and start leaking that stuff in the ground and um i it it would contaminate them wells. We just can't take the chance. I mean water is very, very difficult.

GirardiVice Chair

The existing land use is ROR. Which I imagine there probably are some retail uses that would be allowed under ROR that would also Potentially leak oil um So I'm curious as to And if they develop that use today, there's not much we could do because it would be allowed as ROR. Is there some reason you can't Address if you're the water supplier for the property Couldn't

you say we're just not gonna provide service to you unless you address Our concerns about the use?

Durwood Horak

Well, I'm not sure of that. I'm not sure we can refuse service, water service, uh, for uh, you know, more or less to make them comply with us. Um I I don't believe we can. We're we supply water because it's our franchise service area and we supply water to anyone that requires water. I mean we can't pick and choose who we who we service. Um there's absolutely no county lines down there, so they couldn't get water from the county. So we would have to You know, um we would have to

provide them with the question.

GirardiVice Chair

is Is an oil change like a car oil change facility allowed in in C T or in R O R Commercial zone.

Liam Devine

But ROR would allow um C2 uses if they went through a zoning amendment and it was approved, that would be a C two permitted use.

Connected City

Durwood does it.

Liam Devine

Property's currently its own multifamily, isn't it?

Connected City

MF1? Oh

Liam Devine

I might have been looking the subject property is sorry, correction.

Connected City

You are

Liam Devine

right-mf1.

Connected City

The AC's uh zone that's your property to the directly to the west, right?

Moody

That is correct. Okay. Does the DEP put the burden of enforcement of the five hundred foot radius around the well head on you? Or is that the department's

Durwood Horak

they they put that in burden on the utility

Moody

So how does the utility have the ability to Decide what or what What can or cannot be developed on a property within that radius.

Durwood Horak

Well, I'm here today to do that. And I would say that they would have to move forward and uh with an injunction. And uh um however, I'm not an attorney, so uh I don't know. But our attorney has advised me that he would move forward with whatever it takes to protect those wells. And again, I'm not an attorney. So you but I'm here to

GirardiVice Chair

You'd be reluctant to deny them service. I mean to follow up on Mr. I mean to follow up on Mr. Moody's point, if it's your duty, I would think that if you have a duty to make sure it doesn't occur there that you could Deny them service.

Moody

I'm believing that's probably more the department's duty or an applicant's duty to make sure that they're protecting the well. I can't imagine that they place the burden on the utility to go try to enforce What's the right-of-way? Development entitlements on an adjacent property. I think what they're saying, and I'd like to see sixty-two five, and I'm sorry because I've been studying sixty-two six for the last two weeks. Uh I guess I should have read the chapter

before. Uh But I'd like to see the language of that to f find out what obligations there are for the owner or applicant of this property to comply with those regulations. See that's what Then I have a question for staff. In our own Well head protection ordinance. What's the radius? From the well and what are the limitations that our ordinance has

Because I know one of them is a stormwater management system and whether this is a towing yard or this is an apartment complex, that's going to be a required feature. So that's gonna be a problem for anybody.

Unidentified speakerVoice B

See we had a school board property that had a well protection area and we had to we were cognizant of that. And so I would think that whatever was coming in there would be some ordinance from us or somewhere that would control what was allowed in that. Well I have protection area.

GirardiVice Chair

Well but I think Barbara's point earlier and staff Probably confirmed that that It these are not wells that the county has recognized in our ordinance is uh what is mapped as wellhead protection.

Moody

You want to

GirardiVice Chair

tell

Moody

the residents of Hudson you're gonna poison their wells?

GirardiVice Chair

Well I'm I'm not suggesting that we want to poison wells. I'm saying that I'm not sure our ordinance would kick in. To cover the situation.

Unidentified speakerVoice C

What is the process when a new well is brought to your attention? Does that well head protection map get revised or updated based on new information?

Saez

Mr. Chairman Mariano. The uh the owner-operator is responsible of a community water system, is responsible to inform the county. and provide the county with the information of the wellhead locations and all of that. at which point the maps then get updated on the county system. And we have two separate boundaries, one one that's immediate to to the actual well itself and then one that's uh related to as uh Ms Will Hyde said uh the flow of the water underneath. There's a five hundred foot uh protection area there. So So uh

it it's essentially up to the uh community water system to bring us the information on their wells so that we can get it into our maps.

Durwood Horak

The only thing I can add to that is uh number one was drilled in nineteen sixty four, number two was seventy three, and number th four was in seventy four.

GreyChair

Well before right there. So

Unidentified speakerVoice C

So if if that if that is the case, if the maps are gonna be updated, then the County's Wellhood Protection Ordinance goes into comes into play, then it doesn't matter what it's zoned 'cause there's gonna be limitations on what can be done. Based on the ordinance.

Moody

Exactly. That's what I'm trying to get to. Right.

GreyChair

Okay. Thank you.

Barbara Wilhite

Yes, I'll acknowledge what Mr. Girardi said. That is that is factually correct and that's why we asked for the information. Um we need to collaborate a little bit. We are neighbors. My my you know if you want to buy the property, you should buy the property. I think by

Durwood Horak

tried to reach on LC or three time.

Barbara Wilhite

I spoke to him. No, no, sir, you're wrong. I spoke to

Durwood Horak

him one time.

Barbara Wilhite

Well I only asked to speak to you one time. But but we're neighbors, right? And so it irritates me some because they should buy property if they want to prohibit uses. But that's not the situation. I'm not asking that you approve this so we can damage public drinking wells. What I'm saying is what Mr. Tippin has said is there's a mapping process, not just like they should coordinate with their neighbor, they need to coordinate with the county. So if they coordinate with the county, get them the maps, we can move forward. We ha are going to address this rezoning. Fortunately we're before you. With a rezoning,

a land use and a rezoning so this could be brought to light, can be taken care of and we can make sure the public water is is the public uh drinking water is is uh protected. So I think we have everything set up. Fortunately we have a well health protection ordinance. This isn't a s a new thing to us of of how you balance these these rights, property rights versus protecting a public drinking source. So I I'd ask if you would support moving forward. We know we're not going to get through rezoning without getting this addressed and hopefully we c we'll start a collaboration

between not only this their property and our property but also the county relative to this utility. Thank you.

GirardiVice Chair

Um

You already have a voluntary deed restriction you're proposing anyway. Would you have any objection to Restricting the uses that would restricting to the uses that would otherwise comply with our Wellhead Production Ordinance? Yeah,

Barbara Wilhite

we first all we need to look at the what I don't have any of this information, but w we intended, New Liam and I intended to once one get the information and then two look at the ordinance and then do something relative to the ordinance, whether it's you know, I assume it'd be a deed restriction. So we yes, but we gotta take our steps of one, I need some kind of information, um just like staff does, to see what we're talking about and verify, you know, all the information, um and then look at the ordinance. And then work on it relative to the rezoning. But that's our intention.

Moody

Barbara, you helped draft the ordinance.

I did. A long time ago.

We help each other here. What? uses are restricted within that wellhead protection area.

Barbara Wilhite

I have no idea anymore. But the ordinance is very clear. You know, it's very it's and it's drafted off of D E P, um so it's

Liam Devine

So I can tell you um that's in the Land Development Code section eight oh eight point seven. Um the reason why we're coordinating is that also prohibits any new Euclidean industrial rezoning. So if there is a wellhead protection area there, um then we wouldn't be able to go you they wouldn't be able to go Euclidean masking, and it does tie into this. Yes. Um it does have several of the uses that he stated from Florida State Statute Chapter listed there as prohibited uses.

Moody

So what are those?

Liam Devine

Solid waste disposal, discharge from commercial and industrial waste treatment plants, um industrial septic systems. It's a pretty extensive list. Wastewater treatment plants cannot be any commercial industrial activities handles, um utilized, generates or um deposits a vehicle and equipment services, repair facilities, dry cleaning, laundry mats oper operations, commercial car wash operations, and maintenance yards for pesticides, fertilizing mixing. So it's a pretty extensive list.

Nathan Miller

Okay.

GirardiVice Chair

But I guess procedurally um

Today it's not a map a county mapped woolhead protection area. Correct. So I guess technically they could proceed with a Euclidean rezoning until that happens.

Liam Devine

I I would say correct.

Barbara Wilhite

If anybody wants us to approve without having this figured out, so but I doubt we'll get an approval without having this figured out, so

GirardiVice Chair

Well I'm just trying to figure out whether you can I mean I guess it doesn't affect your own. Future land use map amendment 'cause that could still be M P if it had to be.

Moody

Correct.

GirardiVice Chair

That's

Moody

my question, David. If our own wellhead protection ordinance is going to prevent the rezoning Then I question whether it's wide chase to move forward with the land use.

Barbara Wilhite

It prohibits certain uses that that rezoning that district would allow.

Moody

I heard Liam say that it prohibits rezoning to

Barbara Wilhite

I L. Excuse me, I1, we definitely use MPUD so that we could list we can have this use and not this use. We can have this use and not that use. So

Liam Devine

it prohibits a Euclidean rezoning. It does not prohibit a master plan unit development district.

Barbara Wilhite

We wrote that so that we could could we could condition it. We we do deed restrictions now to condition that's what David was asking.

GirardiVice Chair

That's That's a permissible zoning district in I.O. So that's why I'm saying it doesn't affect the land use change, but When they come in to rezone if it's now uh mapped well at a production area then They won't build a rezoned uh I one

Barbara Wilhite

Yeah, if it's mapped, then It needs to be M P U D. If it's not mapped, it w I'm sure I would be doing I one with deed restrictions.

Moody

presence here today constitute notice to the county that he has a well? And I know he has one because I actually

Barbara Wilhite

processed it. I think he should provide the information.

Moody

Well I think he should and he will.

GirardiVice Chair

Brad, what is the admin uh how does it work What do we need to do to actually amend our maps?

Saez

So it says the the code element actually says operators and or owners of community water systems shall provide the county with copies of applications to renew water use, water supply permits, and final permits issued by FDEP. and or the Swift Mud. Uh community water system shall provide the county with updates to existing water use or supply permits and additionally water use supply permit applications for new supply wells. uh at the time of application to FDEP and Swift Mod. So they basically give us the maps. And

essentially

GirardiVice Chair

that is subject to our ordinance? Is it Is does it go to the board by resolution? Does it approve by the county ministry? Like who actually Maybe Barbara you remember for this from when you were

Saez

systems shall provide, if necessary, to delineate or revise protection areas within ninety days of a request to the county, a calibrated pump test. Uh to maximize the capacity, community water systems serve the project, ninety-five percent build out, etcetera, et cetera. So essentially They need to to provide us the science and the information on the right-of-way.

GirardiVice Chair

Once that's provided, who actually says it's now a mapped area? Is it the board? Is

So there's some something that goes to the Board of County Commissioners to Amend the map.

Henry

Correct.

GirardiVice Chair

Is that an amendment of the land development code or is it done by resolution? What's the procedural mechanism by which we amend our maps.

Barbara Wilhite

I'm gonna bet resolution 'cause I think when we we've changed maps before by resolution, but I don't have the code in front of me.

Unidentified speakerVoice D

The code section I'm looking at refers to a so-called map amendment.

Mm.

Barbara Wilhite

I think it was done by resolution last time we did it, but

We did one in holiday for the Wall

Connected City

Way.

Barbara Wilhite

It's it's it's bored. It's it's to protect everybody, right? So I guess to get to

GirardiVice Chair

Mr. Mini's point, I don't think the mere fact that he's got up and Steve that he's got this is enough to invoke the ordinance. I think our board has to take

Amend the maps.

Barbara Wilhite

We want to make sure everybody knew. And the board took action on that when we wrote that ordinance? Or has it been a little bit more than that?

GirardiVice Chair

So there is a timing issue because in theory the before the board takes that act, they could in theory rezoning I one.

That's

Moody

gonna be my concern. Well

Barbara Wilhite

if I stick

Moody

to

Barbara Wilhite

I don't know how many more times I can tell you in the record my intent is not to shove this down and try to beat something and and affect the public drinking source. I'm on the record saying that on behalf of this property owner as a representative. So but if you all want to just scrap it and we'll continue it and we'll some other day. I mean and the I just want to move forward.

GirardiVice Chair

This is why I asked the question whether Would you be willing to deed restrict it? Two not allow the if if it if the fact there are wells that would be normally subject to our wellhead protection requirements Would you be willing to need restrict it to those uses allowed by our ordinance?

Barbara Wilhite

Yes.

GirardiVice Chair

Because if that's true then it's not a good thing. I'm not sure you have a problem. Timing wise. Because she's saying I'm even if the ordinance doesn't apply to me, I'm effectively complying with it by deed restriction.

Barbara Wilhite

And that rezoning comes here.

GirardiVice Chair

Yeah, I

Moody

I agree. I just want to make sure that

Barbara Wilhite

we're all clear.

Moody

My last name is to protect the public health, safety, and welfare. So

Connected City

Mm-hmm. That's what

Moody

I think.

Connected City

Yeah. Otherwise we have to continue uh until this map amendment's been updated. Well but

GirardiVice Chair

the zoning is the zoning, yes, but the the feature landing map amendment is not affected by any of that. That's correct.

About the upcoming rezoning, even that could be addressed to comply with our wellhead protection requirements.

Unidentified speakerVoice D

Does it affect future land use Decision that we make.

Mr. Chairman Mariano Terry Pito's planning development. Just to clarify the earlier comment, it's a map from what the research we have f it's a map amendment that is approved by resolution of the BCC. So the resolution that the board would pass Would automatically amend the map in the comprehensive plan.

Moody

How long a process would that take to get a resolution before the board for approval?

Uh

Unidentified speakerVoice D

We need to schedule a map of ninety days after receipt of a request to the county. We have to schedule it within ninety days.

GirardiVice Chair

But I do think there should be a formal written request from the utility. I I'm a little concerned about acting on I agree. I will tell you. The adjacent property,

Barbara Wilhite

I agree.

Moody

Dead. The county is not aware of where Durrwood's wells are, 'cause I can tell you as an engineer who's practiced in this county for a while, I know where his wells are. It's not a big secret. And I know Pasco County has interconnects with his

GreyChair

utility.

Moody

Somebody knows where his stuff is.

Barbara Wilhite

Well sounds like we have a resolution here.

Yeah, let's just uh I think we know how we're gonna proceed. Let's just make the motion. So we can move forward.

Chris Williams

I wrote down nineteen sixty four. Then the last date I wrote down he said that there were three. The last one was in seventy four.

We are here today and it sounded like it was a secret from the county and I heard earlier testimony that you or or others had asked for this information and the gentleman shows up today 'cause you didn't receive it before. I'm just curious, is this a secret or or what? You know. And I heard earlier from somebody to my left over here that we're dealing with water for the city of Hudson. You know, th to me, uh that's a very important issue and I think you had indicated that perhaps

You might want to hold off on this and let so from a study, I'd make

Barbara Wilhite

it

a little bit more than that.

Chris Williams

So

Barbara Wilhite

I told their attorney I take it seriously. I immediately returned his call. I don't know what the confusion is about that, but I immediately returned his call, said I take this seriously, give me your information. We have a mechanism to address this. We've got a rezoning, we've got an ordinance on the books. I know Mr. Bureau, we you know he's been working in this county for a long time for utilities. So I think we should move forward because actually This is all a good thing f for these wells because if I didn't c bring this rezoning forward or this this this land use

amendment, excuse me, and rezoning, I'm not sure if the county initiated if everybody would have got notice by the way, 'cause they're about to initiate in this area. So I brought this forward, he got notice, now he can get with the county, give him his information, he can get his wells mapped, and we all get to move on. So we're actually moving forward with this is actually a positive thing for everybody, in my view.

Moody

The question that I have

And this is something it Had nothing to do with my decision, but it's for you and your client. Is You may pursue this land use change. and then find out because of this wellhead protection area that's going to be imposed that whatever your client's intent for the use of the property may go right out the window. And then he'd be back here trying to change the land use again so that

it could be developed for a use that is allowed within a lot of the

Barbara Wilhite

Believe me I understand that. Um that's why this isn't a final action today because I'm but I think we we could all could benefit from moving forward if you feel comfortable. If you don't I won't push it, but I think we could move forward um with all of this information that's been on the record here.

Connected City

I hate to change the future land use though with the potential that it could be thrown out the window, like you say.

Moody

I have something. I'm confident. That Barbara and her client will

look into the matter and they're gonna figure out what they can and can't do. I'm in somewhat with you. I'm hesitant to change the land use but if they want to take that risk I'm not uncomfortable doing that.

Unidentified speakerVoice C

When is this supposed to go to the board?

Barbara Wilhite

Six twenty.

Unidentified speakerVoice C

I mean so they have a month to work out some of these details before it goes to the board to actually get a little bit more.

Connected City

Adopted or approved. For the for the flu approval.

Unidentified speakerVoice C

Right. So I mean it gives them time still. I think letting 'em move through this process I don't think we're really hurting ourselves or changing anything and we've established that there's gonna be the property's gonna be protected, the maps are gonna be revised. So

GreyChair

Yeah, I think a l with the l with the right language in the motion. There's no reason we can't move forward, I think. And we can Keep this thing.

Moody

Moving forward. I'll make a move to approve. I don't see any need to attach it condition to that, I think. She's c I think the county's gonna have an obligation to deal with that at the next stage of this at the rezoning.

GirardiVice Chair

And I would also remind you this is a complan amendment, there's not really a good way to condition it anyway.

Unidentified speakerVoice C

Yeah.

Connected City

It's just a cop player met it.

Unidentified speakerVoice C

Yeah, I'll second that motion. I mean it's it takes so long to get anything through the county these days. So to hold it up here at this to continue to again, I just think it's a bad move. Let's just keep it moving forward and get it to the board. So that was my second.

GreyChair

Okay. We have a motion and a second. And further discussion on the motion. All in favor signify by saying aye. Aye. Aye. Those like sign?

Chris Williams

No. I I really have a problem with the fact that uh County to know about this from sixty-four to seventy-four and the fact that it we are dealing with drinking water for a a a community, uh Hudson in particular. Just too many questions out there for me. I I just don't feel comfortable with them, I'm sure. Um

That's all I have to say really.

GreyChair

All right. Okay, so uh we have a roll call vote.

Moody

We're past this, but

GreyChair

let's have a roll call vote, please.

Hi.

Unidentified speakerVoice A

Mr. Derek Motlet? Mr. Peter Handel?

GreyChair

No.

Unidentified speakerVoice A

Mr. Drop Diddy?

GirardiVice Chair

Hi.

Unidentified speakerVoice A

Proposal.

GirardiVice Chair

I

I don't think I vote on this one. No, he does not vote on this.

Unidentified speakerVoice A

Chairman Charles Griffith.

GirardiVice Chair

Hi.

All

Moody

right, motion carries. I guess just an aside. to staff, um clearly you're gonna get a legal notice from Hudson Waterworks. But there are other private utilities in this county. might be good to send out a notice that if you've got facilities our ordinance requires that you provide ninety days notice and I'm That way this doesn't happen again. Or hopefully it doesn't happen again.

Saez

So yeah, the code does require that they approach us and provide us with that information.

Connected City

When was this ordinance about the right-of-way?

Moody

All right? And he doesn't s sit around and review our land development code for obligations that might be imposed on him as the utility operator in an existing utility. I think it would be a courteous thing for the county to notify other private utilities that might be affected by this. so that they can come in and that the county can have these things on Pasco Mapper. I'm frankly shocked that that's not on Pasco Mapper and I'm gonna

tell ya You and I are working on a project where I'm right next door to his entire well field. And it's not listed as we checked it out and we knew it, but it's not listed on Pasco Mapper, it's not shown on any of the maps, and I'm literally developing right next to his well field.

Connected City

How long ago was that ordinance passed, the Wildhead Protection Ordinance?

GirardiVice Chair

Oh it's been almost twenty years. So and I that was my point is it's possible that we did in fact Notify the private utilities. in the last when it was when we originally adopted the ordinance.

GreyChair

I mean it can't hurt. Yeah, I think we should do it every twenty years. It's not like they have to

Saez

send out a hundred lifts either, it's four or five. Isn't the county buying most of them up anyway?

Moody

Yeah, for the most part. It's only a few left. But there's some on the east side of the county that still exist and