Small-Scale Comprehensive Plan Amendment (Consent) - CPAS23(07) Curley Road and SR 54 - Providing for A Small-Scale Comprehensive Plan Amendment To The Future Land Use Map (Map 2-15 And Sheet 22) Changing From RES-6 (Residential-6 Du/Ga) To COM (Commercial) On Approximately 8.31 Acres Of Real Property Located North Of SR 54 Approximately 400 Feet From The Curley Road And SR 54 Intersection.

1:44:22Okay, the next item is PC four and that will be presented by Robert Irving.

1:44:38Good afternoon, Robert Irving, Planning and Development.

1:44:45So this is item C Pass twenty-three zero seven, Curley Road and State Road fifty-four, um which is in the name of PDD twenty-three zero three seven four. This is a small scale comprehensive plan amendment. The proposal is to amend the future land use map 2-15 and sheet 22 from res 6 to change the flu from res 6 to Calm to allow for commercial uses on approximately 8.31 acres. The site is located approximately 400 feet north of the intersection of

1:45:16State Road 54 and Curley Road.

1:45:22The property is located in the South Market area within the urban concentration area. You can see it right there, just east of I-75.

1:45:32This is the subject site right here. There's approximately five parcels included in this. There's no wetlands, archaeological sites on this site. Here's a context map showing some of the other approved MPUDs within the surrounding area. Directly north is the Pine Ridge 50, formerly known as the 54 Fork MPUD, and directly to the east is the Chapel Crossing MPUD.

1:46:04The existing future land use to the north is res six, to the east is res six, and to the south is res six and also com and to the east the existing future land use is com as well. Proposed future land use is com.

1:46:20And here's the zoning which currently AC, or AR, my apologies, agricultural residential. And the abutting zoning to the north is the MPV Pine Ridge 54, which I mentioned earlier. To the east it's AR and AC. To the south it's C2, and to the west it's AR.

1:46:42The proposed amendment is consistent with the following comprehensive plan policies, policy flu one point six point two, location of commercial developments, policy flu one point six point three, transitional land uses, policy flu eight point one point two, south market area establishment.

1:47:01And this comes with a recommendation of the Planning Development Department that you fund the proposed amendment consistent with the Comprehensive Plan and recommend approval to the Board of County Commissioners.

1:47:14Yes. Um I realize Robert you're not Miss Stevens but did did you take this over from Miss Stevens?

1:47:22She's on uh online and so is Amy as well to help answer any questions. I can

1:47:27Oh okay. I just saw her name in the agenda.

1:47:30Yeah, no, I know other it's just

1:47:32Okay if you if you're just the standing in physically for her but she's still handling the application then I don't have a question. That was just my question. Thank you. Yeah.

1:47:44Any other questions for Robert? No. No? Okay, you're on the hook. For the money.

1:47:53Mr. Chair, on this item the um applicant has been granted twenty minutes, uh fifty minutes for presentation and five minutes for a rebuttal.

1:48:01All right. Good afternoon for the record, Kevin Riale, four hundred one East Jackson Street with Sterns Bieber Miller. Um not planning on using the twenty minutes here, uh the application being pulled from consent. Just wanna hit a couple of high points and then in here whatever the questions are or comments are and then we'll we'll deal with those in rebuttal. Uh we have our our team here. I'm gonna skip all the way ahead to um The proposed future land use map. And so with the residential development in the surrounding area that staff

1:48:31showed, um basically the the market is is requesting and demanding this be commercial. It's it not uh as sought after for residential purposes in the intersection between Curley Road and fifty-four. And so um the the applicant here originally came in with um the piece that's furthest to the the northeast there and staff uh seeing the the land use pattern here asked that we get the neighbors to join we engage with the neighbors and the neighbors join the application

1:49:01to um to create a Basically a support node uh which will s you know be even uh more impactful with as trappel crossings develops. Um staff already went over the the future land use policies, so I'll just stop here with the uh uh adequate public facilities, uh wastewater, reclaim water, poll water are all adequate, and then transportation, the needs assessments was approved by staff and um showed the area should operate within acceptable level of service. And of course, as you're all aware,

1:49:32those studies typically assume, not typically, they do assume the most conservative scenario. and I would offer to the commission that um W you know, given the location with curly road here, has potential to to prevent trips going down onto fifty-four for uh the developments of the north grabbing those services before they um they go to fifty-four. But with that I'll I'll stop unless there are any questions from the commission and and wait for comments and respond with our

1:49:59own. So I just wanna make sure you're aware that I guess it's more of a comment than a question. The curly road is eventually gonna be realigned to go it won't necessarily follow this alignment permanently and I just want to make sure your client is aware of that because the traffic flow that exists there today the Mesa War commercial may not be there ten years from now, isn't it?

1:50:28Sure are you aware of that? The well I mean w what we were aware of was more how the node was shifting to the to the east with with um Chapel Crossings and I think that that construction's already started. Um as far as realignment curly road, I I haven't been aware of that. Uh Cynthia might

1:50:44be. The new curly will go through Chapel Crossings. I'm not saying this site that can't support commercial. Right. I just want to make sure your client Yeah, I was aware that The traffic flow that exists today may not exist ten years from now and curly goes ultimately goes through travel crossings.

1:51:03Yeah, yes, we're aware, 'cause it's gonna shift east essentially. Yes. Yeah. And the the idea being that some trips will be captured coming down because by the existing development that's there now. But um but uh there's also gonna be pass by capture for you know, it's fifty four's large road.

1:51:17And I guess my qu I do have I guess a corollary question in the staff, once Curly gets realigned, will this section of Curly still be considered a collector? I'm assuming. Answer is yes. Does somebody know that?

1:51:31If memory serves me on the map I was reviewing yesterday it still showed that, but I I can't say I'm certain.

1:51:39Is anybody on your team that knows the answer to that?

1:51:44Is

1:51:45is the dotted

1:51:45line

1:51:45there?

1:51:48Is the dotted line there that proposed realignment?

1:51:51No, the realignment Steve Henry could probably answer my question. He knows the realignment I'm talking about.

1:51:59Yeah. Okay. Steve, I can't even tell you're

1:52:04talking. Here must be a Manchillaquist.

1:52:06Go ahead, Amir, what's the answer?

1:52:09Yeah, the answer is yes, uh we remain as a major role and political road.

1:52:14Okay.

1:52:17Thank you, Amir. Good job, Steve. And for

1:52:21and for the record, that's Amir Jamali on staff.

1:52:25Any other questions from the commission? All right, we'll stand by for public comment. Thank you. All right, thank you.

1:52:37All right. Is there anybody from the public that uh has questions?

1:52:40We do. We have Jennifer Asaro signed up to speak on this item.

1:52:43Okay.

1:52:46And to remind the Planning Commission you're sitting as the L PA on this item. Just want to make sure that you're aware of that.

1:52:52Jennifer, you can state your name and address please.

1:52:55Uh Jennifer Acero. My address is [address removed]. So um my house You've been

1:53:02to Warren, right, Jennifer.

1:53:03I'm sorry?

1:53:04You've been to Warren.

1:53:05Yes, I have. Um so my house would be directly across from the um proposed development. Um I'm the third house in closest to the lake. So my concern is the county's doing a great job on 54 expanding that. It has relieved some traffic. But curly road is not in any way, shape, or form It it's backed up every day. I cannot get out of my neighborhood to turn left.

1:53:35So everything has to turn right. The proposed plans that um the concept plans that Solid Rock Property Group did. um had an entrance going in from fifty fork and an exit going out Curly Road that was across from my entrance to my neighborhood. There's there's no way anybody will be able to safely, I should say, turn right or left out of that complex because There was just supposedly a storage originally, which

1:54:06that's still there in the plans. That's fine. But then there's a grocery store. that is in that plan that they the concept plan. That they had developed. So you know, my other concern is that we already had a commercial development on the other side of our neighborhood, which was a Lowe's, which will be put in. So our neighborhood will now be sandwiched between Lowe's and this current development. So my concern is

1:54:36for traffic. And so um also concerning our schools, because I work at the school for thousands of nine years, our school buses, I know it's partially because of um, you know, school bus short shortage, but the they are complaining that they're tied up in traffic. So in that West the Chapel complex, which has the elementary middle high school, they're getting hung up in that traffic on Van Dyne if they try to take an alternate. route or on curly. to on to Wells Road. They can't

1:55:06get there on time. So kids were as much as an hour late to school. Whoop. So

1:55:11you have a

1:55:11minute left. Oh I still have it.

1:55:15So unless some something was done with Curly to expand that at that location, I don't see how I could hold a grocery store. Storage maybe. But grocery store? I'm not so sure about that. Also we flood. So we have a pond there. Which is great, but when we get a really heavy rain, that area it tends to flood anyway. And I know that there's a storm things set up in

1:55:45their plans. But I don't even see the plan that was advertised in the paper. But

1:55:50I'm just trying to what road are you live on?

1:55:52I live um on um Lakefront Drive. So you look and you turn into that main entrance, the double drive. And make your first right. So literally my house is on the back side of Curly Road. So my concern also is that am I gonna have lights flashing in my house all night long? That's the other piece. There's no sidewalks at all on that road.

1:56:20There's no edge, there's no s it's literally grass. Okay. Like so that part of it Nobody could ever get to it without using a car. There's no tran there's no way to walk there or bike there. Yeah. So those are my concerns that I have for that area and and projection.

1:56:39And j and just to clarify, so this is an amendment to the future land use to be able to be allowed to be commercial. Um if there's a commercial project it's then developed later on, if it's uh rezoned to that and it's developed. as a commercial project, they'll be required to

1:56:55be held to all the requirements for setbacks and for landscaping and uh traffic studies and so forth for the for the development or whatever projects being developed. So just nearly

1:57:06yeah and I also know too that developers can change their mind. So given the current circumstances of our new laws that we have in our legislator, they could easily change that. I'm not saying they will, but they could turn it into an apartment apartment complex, another one. So that also needs to probably be taken into consideration that we do not need another apartment complex. in the area.

1:57:29Can I I'm related to that issue 'cause I know our board's gonna ask that same question. Staff, is there a companion rezoning going with this?

1:57:41If there is one I don't see the record as of yet. There is a pre application meeting that's scheduled for August eighth. It has not been held yet. So perhaps they're wanting to speak um on the rezoning at

1:57:56that stage.

1:58:02wants some assurance from the applicant that they're gonna deed restricted to not put in Senate Bill 102 affordable housing if we're changing it to commercial. Normally we do that in the context of the companion rezoning. I'm a little more concerned if there isn't a companion rezoning. So

1:58:23I don't see an application other than a pre-application meeting to discuss um the commercial development of this property. Um it's scheduled for August eighth and what is being proposed according to the pre-application meeting is a convenience store with gas pumps and a grocery store. Looks like a fairly small one.

1:58:44Well it's if we could just get the applicant well, I'll wait till the rebuttal and I can ask them the question about what they want to do.

1:58:52Once again, like I said, I know my time's up once again. Storage facilities, okay. You know, there's not that much traffic in and out. But if you're talking about in that kind of a residential area like that, there's no expansion on Curly yet and no turn lanes. I have one turn lane to turn into my neighborhood and that's it. There's no turn out lane either. So if you're speaking about grocery stores and now you're talking about gas stations It curly road will m you mean all you do is drive down it. You you during a busy time. So many

1:59:23school buses. Just so you know and I was trying to read this point earlier, but I think the county has recognized that that existing curly road is is a problem, which is why the county has planned for a new even though it's called Chapel Crossings Boulevard. That would effectively be the new Curley Road when it connects. Chapel Crossings Boulevard will eventually connect to Curley Road, which should divert a lot of traffic off of your section of Curly Road. It it I

1:59:53could

1:59:53appreciate that I was told that on the

1:59:55Oak Open too. That lines up with I believe

2:00:00Is it Meadow Point Boulevard? So it's likely that more people will travel on Chapel Crossings Boulevard versus existing currently once that route connects.

2:00:13That would be good ex except for the large amount of apartments are already on that corner. And the other development that's already there. So they're gonna be utilizing that. So like I and I appreciate the expansion is trying to happen as quickly as possible, but it we're building faster than we're expanding our roads. And so in the community we're told, Oh, they've opened overpass. Okay. it's gonna help to relieve some. It hasn't relieved any. Okay, then we're told, you know, and as far as like the school situation

2:00:44is concerned, our buses come from Zephyrhills. So yeah, they could cut through water grass or they could cut but there's only two roads to get to those chapel complexes. So we already have kids who are walking on the side of Curley very unsafely, I might add. But that's a whole nother committee. I know it's not you guys. My concern is adding more automobile traffic. is a concern, a safety concern that I have.

2:01:13So that may be better addressed at the zoning meeting where we have more detail as to what exact project is gonna go there. Because if if we update the future land use and then um they want to rezon a commercial with the idea of putting a storage unit, then that'll be a moot you know, moot point. So that might be a better time uh at that meeting to to address that. Is

2:01:35that the one on the eighth?

2:01:37Uh

2:01:38Well it sounds like they haven't even submitted an application yet. They have a pre application maybe. But we'll ask the applicant what their intention is for zoning once they come back up.

2:01:48Okay.

2:01:49Yeah,

2:01:49you'll be notified.

2:01:51Thank

2:01:51you very much.

2:01:52And and to clarify, I did find another pre application meeting. Uh this one was held on six twenty-one of twenty twenty three, just on a different parcel, um, where they discussed potentially rezoning to M P U D or rezoning to commercial. They were told to rezon to commercial. We don't have a a a zoning application into commercial and this was for a Self storage facility.

2:02:14On this side or a different thing.

2:02:17So these are several parcels. So there's an idea for one parcel and then an idea for another parcel. So the other parcel is the one that's pre-apped for eight eight of twenty twenty three.

2:02:29I'm sure the applicant will clarify this when they come back up.

2:02:31Um do we have somebody else from the public that wants to speak? If not, the applicant can write up.

2:02:40And maybe address those concerns? Yes sir. Uh Kevin Raleigh, again for the record. The reason that the rezoning applications are not going at the same time is because when we first met with staff to discuss this node, they they wanted more property to come in to make it a proper node and not make it piecemeal or strip. And so there's different owners and different um different uh contracts. So once this application went forward we understand the neighbors to the the Uh West, who

2:03:11are part of this application, which is the small grocer and uh comedian store gas that was that was mentioned. they put that property on the market. Uh so Because those parties aren't working together, it the rezoning isn't aligned that way. The applicant that that I'm here with for the the portion that was shown for the meeting that we had earlier in June is for cell storage. The discussion there is whether or not to go MPD or Euclidean and use a D-restriction. Um and those are being

2:03:41discussed and you know essentially as soon as uh we get the application moving forward we will follow up with the rezoning probably with two applications.

2:03:51I guess my question for you is Whether it's U Clinton or MPD, are you willing to restrict the site so it doesn't become Senate Bill One O

2:04:00Two affordable housing? So I can't speak to the the applicants to the to the west because I only have the the contract register here with me for the the property that's can be considered for cell storage, which is the n again the northeast portion. Um the the restriction doesn't doesn't matter to them. The the manner of it You know, we prefer to not have a deed restriction. We'd like to find a better way to do it and that's why we're c considering MPUD, because then the use would be clear on that and we could restrict it based on the conditions. Um but but yes, we're gonna cooperate with County

2:04:30with that, we just haven't gotten there.

2:04:34Okay.

2:04:37I mean i if I may, with with Senate Bill one oh two or Live Local Act now that it's now past July, the That that is obviously tied to the zoning as you're as you're aware. And so given with the two different parties we we're just we're trying to deal with this at the zoning stage so that each party can can deal with their own real property.

2:05:00Well I guess what we're saying is that you're likely to get a motion that would include the restriction. And so we want to

2:05:05Well we to be clear, we we can't impose this restriction. They have to voluntarily restrict it themselves. So we can't really do it at the Compoint stage, because the only tool we have at the Complone stage is the suburb policies, which would be us doing it. They could whether it's an MPUD or Euclidean zoning. they could restrict it themselves in the MPD or Euclidean zoning. We just don't have that that application in yet. Um sounds like this applicant is willing to restrict

2:05:36themselves for their parcel. We just don't know what the answer would be on the other

2:05:43Which one

2:05:44parcel? The the northeast parcel. Uh the the larger one from the northeast of the five. So the four can can uh Congruent pieces and then the one that's on the northeast is the one we're discussing.

2:05:57I guess is it normal for us to get an application? 'Cause this is not county initiated, right? This is applicant initiated?

2:06:03This is applicant initiated. Um the the county asked us to complete the node and so w uh the the contract purchaser went out and and contacted the the neighbors and asked that they'd be interested in joining the application. So they have joined the application. I just can't confer with them real time on on on that.

2:06:24the contract purchaser for the property to the northeast is here, not the contract purchaser for the four lots.

2:06:33It makes

2:06:33it sort of tough for us to I mean

2:06:35Well but we there's there's not really a mechanism to to limit at the compliance stage anyway, to your point. And so I I I understand to some extent it's kicking the can down the road, but it's still gonna come back before you. And the the whether that's an MPUD condition or a D restriction Um I I know that

2:06:51Well to Play Devil's advocate though what happens because you're committing that you would agree to that restriction, what happens if they come in and say, I won't commit to that. I want it to be commercial and I want it to be Lib Local Act Affordable Housing?

2:07:06then that you wouldn't be able they wouldn't be able to develop because it's already calm at

2:07:11that point. I don't know. I mean I'm the Harbor Time denying their commercial rezoning If it's already calm.

2:07:17There's also no no mechanism to do it at this stage though. I so I don't have to approve their commercial though.

2:07:26The The intent right- both both properties are under contract with commercial developers right now. So I d I don't I don't think that there's any risk at this stage and you all will hold the control when we come back for the rezoning. Um and it it's just a matter we we're trying to work with staff here to have a bigger note. And and I don't mean that critically of staff. We think it makes sense from planning purposes. We thought it made the application better. It's just speaking for them today is not saying.

2:07:55I'm not forlaming you in any way. But just I'm a little I guess annoyed that they're part of this application and not here. I mean if they're if they're part of the application Usually we'd be able to ask a question to the applicant. and get an answer. It feels like half the application is in here.

2:08:15Right.

2:08:17They signed the affidavit and gave us the limited approval to to seek the the comm change.

2:08:22There's normally an expectation when you have something on the Planning Commission agenda Because the applicant team is here to answer questions. I feel like half the team is in here. So I'm not blaming you, I'm just saying where's the other half of the team?

2:08:39I the yeah. So the But the questions you're asking are so specific and House Bill or Senate Bill 102 was said zoning in it that they we worked with staff and they said you we'll deal with this at the zoning stage. I I I don't the the other thing too is I don't what what even a commitment here would wouldn't change but there's no way to to codify the commitment other than the record here, right? There's there's no mechanism to put a condition on the right-of-way.

2:09:07But if they're verbally if the property owner is verbally committing that they will restrict it at the time of zoning, I think it carries some weight. I mean it'd be hard for them to then say when the zoning comes. say I'm not gonna agree to that. When they've committed to the Planning Commissioner Board that they will agree to it.

2:09:23Yeah, yeah. I mean I I would just say that then you did don't approve the zoning. I completely understand

2:09:28your Thought, David, but I'm thinking if somebody wants to do affordable or workforce housing on this project, it's already red six. They are already res six. They don't need to do a comp plan amendment. I can't see why anybody's a good idea.

2:09:42There's a big difference though.

2:09:58And I actually find the discussion somewhat amusing and that we're worried about that this might become high density workforce or affordable housing and what we're being told is probably gonna be self storage. I can't imagine the board's gonna be wild about that either.

2:10:14They may or may not, but but Um but that'll be addressed when that zoning comes in. I I'm I'm I'm only previous I'm I'm trying to help you here. Right. Because the board's gonna ask the same question. And they 'cause I 'cause the every commercial and industrial plan amendments that has come since Live Local was adopted, they asked this exact question. And Normally the answer we get from the applicant is no problem, I'm happy to de-restrict it or condition it

2:10:44in the MPD so that I'm not doing affordable housing.

2:10:50Your answer you've answered the question as it relates to your property, the property you control. It would just be nice to get the an answer. You're gonna get the question, so my recommendation to you would be that you get the other half of this team to show up to the hearing. Okay. So they can commit to the board. I d I don't know if the Planning Commission wants to move for that's up to the Planning Commission. But my point is that I guarantee you the Board of County Commissioners is going to ask you this question and it's not going to fly if you only don't know the answer for the other half of the application.

2:11:21Right. Well the the other part that I would say is that you know the the fear of Live Local I and I understand Pasco's concern being more rich in housing than in job creating land uses. But right now it's a residential land use. Yeah. And so I and and of course the distinction being the density for sure, right? Live local is is a it's a very sweeping preemption. But the the the effort to go through our application came in before all the STEAM started with Senate Bill 102. Um the their the contracts

2:11:51are for all the land are set for commercial uses. I mean I I I can do everything other than speak for the owners. Who have been very hesitant to work with us because we knocked on their door and said, Do you want to do this? And then they started marketing their property and then they started growing that. But there there's no there's no ability to do commercial here now. We're we're asking to add the ability to do commercial, and so I don't I don't know how it hurts the county um to deal with it at the at the zoning stage when even if it was residential, it It's residential

2:12:21now. Now the density is a different issue. But that's certainly something that's in the the control of the board uh at the reserving stage. Which

2:12:29was my point, and this goes directly to the neighbor's concern. Okay. There's a big difference between even if it ends up being residential at res six versus res twenty four, which is potentially allowed under the local, God knows what height. Okay. I don't even know what the maximum height is in this It's unlimited.

2:12:49Yeah, if it's in the urban service area it's unlimited.

2:12:52Right, so apparently no maximum height at thirty two units per acre. That's a big difference between that and res six. So yes, it does affect the county. to to change it to commercial because I don't know that this area was planned for thirty two units an acre at unlimited height.

2:13:09So David, are you saying that if the future land use is changed commercial then we lack the legal ability to um

2:13:17Well technically the zoning has to be changed to commercial for Z evoke blue lack of the

2:13:22same but we lack the legal ability to deny that zoning uh if that need research

2:13:26the problem is is once it's calm it's hard to argue that there's any other zoning

2:13:30conflict a conflict zone.

2:13:31Right, you you're gonna sort of have to change it to commercial if it's com. I mean y what other zoning would be it'd have to be C one or C two, right? There's no other zoning that's that's consistent with com. So by changing it to column it's effectively forcing us to change the zoning. Could change it to C one, which would be very limited. You could change it to C one, that that's true. But but it's probably gonna have to be C one, C two, or M P U D. Right. There's no I don't know any other zoning that would be consistent with COM, right, Denise?

2:14:01That's correct. Maybe C three limited to certain uses that are consistent with COM, but C one, C two, C three.

2:14:07But again, this is normally we've heard a lot of these since Lib Local was adopted, and this is never normally an issue. Because the applicant the entire applicant teams here and they say I'm happy to commit not to make it affordable housing. And I'm not blaming this gentleman because he's can only speak for his client. Right. And his client has is saying exactly what the board would ask them to say. Um it just that we don't know.

2:14:35And this isn't just because of Live Local. It it's a little annoying to get an application Without the applicant here.

2:14:42But remember that was in response to staff. I mean if if the board here, the commission wants to just do it to our parcel, fine with me. Right. That's that's not an issue.

2:14:57And we could be prepared for the PRC.

2:15:04And I guess I'll defer to staff, I wonder if they would still support it if we carve out the piece that where the applicant's not here. And

2:15:13we

2:15:13just

2:15:13have to have a separate. I can't find it keep mirroring for the other parsing.

2:15:28to to uh David's point here, just to the east of that property line there, there is an extremely large apartment complex already there that I would say is at least a minimum of four stories high. It's a very large complex. Uh

2:15:47in this area already. And uh

2:15:50So I I guess I need staff to weigh in on whether they would still support this change to com if we excluded What I'll call the four lots that are Or the applicant's not here.

2:16:03Uh McTarous Petals for Planning Development. So just a question for you, David. Would that re would that then mean that those four lots start the process over under separate applications if they wanted to follow through with Khan? And say they came back in a later hearing to also volunteer deed restrictions? Or can they come back later? I it's just a clarification

2:16:31process. They theory in theory they could m marry back up again at the board level, but but those four would have to come back to the Planning Commission. I'm not sure they have to start over, but they d they would need a separate recommendation for those four parcels from the Planning Commission. If if they got a recommendation of approval in theory they could marry back up again at the board level to being one right application. My question would be though well let's just say that they

2:17:01show up and say Hell yeah, we want to do live local affordable housing. That's why we're doing this, okay? And let's just say the Planning Commission says, Well then we're not recommending approval of your chain.

2:17:14Would staff still support this change to com if it was only the eastern partial is my question.

2:17:20I think we would support the eastern parson.

2:17:23You would?

2:17:24Yeah. By itself. Yeah. I'm sorry.

2:17:28Let me ask Seth one more question. Did the applicant the the Western four parcels did they know about this hearing? And they just elected not to show up.

2:17:39Do they think you were gonna represent them? I'm not sure what their thought process was.

2:17:49After talking with staff and saying we would readdress this at the zoning level because the application the property was gonna run separate. We didn't get the specific authority for this. I just don't want to speak for them. But I do I do have an idea. So I'm happy to go on the record and say that the restriction will happen and we will confer with the owner to the West and if they say no, we'll ask for a remand at BOCC. Is If we took a break, can you call the owner? I d I don't think so because it's it's it's a family and we have to go through their council. It it's not Is

2:18:19it one one owner of all four parcels?

2:18:21What's that? Is it one owner of all four parcels?

2:18:23There there are multiple owners and they're working through one one council, right, John? Yeah, one represent there's one representative, but there's multiple owners. It's a family.

2:18:32Can we recommend approval to the board if they agree to that Condition or deed restriction.

2:18:38And if we have an issue with that, I'll ask for a remand at that hearing. Well one problem we have to be careful of You can't

2:18:46do

2:18:46it.

2:18:49Well which is normally why we ask the applicant are you volunteering to do it or not? Right. Exactly. Well I mean look as we twist our as we

2:18:56twist her. We're not taking issue with RPs, but it's very voluntary for us.

2:19:02And in the applicant's defense, they did not adopt the Live Local Act. They didn't call in they're right, they probably applied before they even knew this was an issue. But now it is. Not their fault, but now it is. Um So I mean it's something This is basically an unintended consequence of the Little Local Act, probably that now local governments are reluctant to change property to commercial because of the legislative preemption. Um The

2:19:31question for you, David, you talked about remarrying the two at the board level. meaning that

2:19:43they would have one single hearing not if we were to break this property out. What I'm where I'm going with that is is there any difference in time for this applicant if we were to just continue this until they can get the rest of their party here? versus trying to have one vote today, waiting a month till we're here in Dade City again for them to get the other half of the team here to vote on that and then remarry 'em at the board. What's the difference if

2:20:12we just continue? You need to ask applicant and staff that question. I don't know the answer to that.

2:20:17I mean Well can you can you explain your proposed solution again?

2:20:21I mean I I I would prefer to go on the record and say that we will we've already talked about the Northeast parcel, that we will have agreement from the other owners and then if we don't have that agreement, I will request a remand at the BOCC and we can address whether or not we divorce the properties at at that point. Which I mean I think that's gonna be That's gonna be a lengthy process that we'd rather not go through. So I mean I'm confident that all of the the contracts that are in place are for commercial. So I don't anticipate an issue. I just can't hang myself out to dry. Well the

2:20:51figure I will tell you that we had a somebody come up to the last planning commission meeting who said that after Live Ocal There's apartment builders from all over the country that are looking for property in pat in Florida. So they may have it under contract today for commercial but given the price that apartments are willing to pay, that contract may quickly go away. So that's the concern.

2:21:17I personally think there's another issue here

2:21:20and I realize this is at the land use. stage and even at the zoning stage you don't have to permit to commit to a particular use. Well if we do actually made a statement earlier that Pasco is housing rich and I don't want to call us jobs poor but not as rich jobs. Um

2:21:42By a ratio maybe.

2:21:45I just can't see the board getting excited about self storage because they're not gonna see that as creating a bunch of jobs here either.

2:21:52Well the and uh we will have to address that at the zoning stage, but the the discussion there would be the particular piece of this node being up off of of 54. That seems the more appropriate part of the node for that use. And we we expect uh you know a more intense use in in the other portions. But uh again I don't anticipate all everything coming in at the same time with that. Um that's been discussed but but no traction on that. And that again, that's the reason why we're not here with a companion

2:22:22application.

2:22:24Well the board has adopted regulations on cell storage already, I guess maybe to address your concern, would would stealth storage on this site be able to comply with those regulations?

2:22:37Yes.

2:22:38Showing it. I see the applicant nodding yes, can staff say yes or no? Is that a yes from staff too?

2:22:46I'm not sure that staff's not they

2:22:48don't have a claim.

2:22:49Yeah, we don't ha we haven't applied so we we've tested it, but

2:22:53But I think it requires a certain it'd be a certain distance from State Route fifty four. Does it at least meet that distance?

2:23:03That's right. Uh Brad Tippett again, planning in development. Um it is likely that it will meet the distant requirement where a portion of it could. So you know, we just have to get into the site plan to see how it actually lays out. So uh theoretically, yes, there's potentially an engineering solution here. Could they be restricting the number of units or the type of design?

2:23:22Yeah, I just want to be clear. The Board didn't necessarily say that they don't want any self storage in Pasco County. They they adopted a regulation saying that They didn't want them on major employment corridors. It may be that when you set the it's not right on fifty-four, so I don't know that Well, I'll call this old curly, may not be considered a major employment corridor, so maybe it is appropriate for so I don't know that the answer is definitely that the board would say no to self storage in this location.

2:23:53There are there probably are some locations in the county where that the board would say they're appropriate for self storage. This may be one of them. Well no that'll be determined through the zoning process. It's a point well taken, I'm just saying that it it's not like the board has a moratorium on all so on all self-stores. Okay.

2:24:11And I mean I I guess the other thing too is is being controlled by the bar. I i if if the plan is acceptable to you all, I will go on the record and say that and then it'll be my obligation to confer with them because I have to represent the clients properly and then I would have to it would be on me to request the remand if they don't agree. And so if if that's amenable to the commission, I will go on the record and say that yes, some sort of derestriction, whether by MPD condition or by d-restriction, uh will be amenable at the zoning stage. And then if I'm not able to

2:24:41secure that by BCC, I will ask for a remand. I think that sounds like a

2:24:47reasonable solution. I I'm okay with it if the Planning Commission's okay with it.

2:24:54Okay.

2:24:55Um but I would tell you that you need to make sure those owners either you have Clear authority to represent them at the board level or you Have them show up.

2:25:07Right. Yes. Well, I mean I uh we have the affidavit to authorize. I just don't want to speak to something that I haven't discussed with them. I have Okay, I understand. Yeah, yeah.

2:25:18Yeah, I mean that's that's important. I mean normally I would not approve anything that I didn't have the applicant here, part of the representative that could full throatedly speak for them. But I think you come up with a solution. I know you're in a situation where it's you're difficult. I think it's a reasonable suggestion, so um and I I think we've had everybody have a chance to speak. So, uh, without further ado, air

2:25:49emotion emotion.

2:25:57How do we want to work this? I d don't think you have to do any special

2:26:01I I don't think you you you can't condition this anyway.

2:26:03So there's there's nothing you can do.

2:26:10I can suck with that.

2:26:11We have a motion and we have a second and we have the uh recorded testimony of the applicant. As in terms of his willingness to consider.

2:26:24Yes.

2:26:24I believe there are five partials, yes.

2:26:29Okay, any further discussion? If not, all in favor by saying aye. Aye. Opposed, like signed. Okay, motion carries.