An Ordinance Amending The Pasco County Comprehensive Plan; Providing For A Comprehensive Plan Amendment To The Future Land Use Map (Map 2- 15 And Sheet 05) From RES-1 (Residential-1 Du/Ga) To PD (Planned Development) On Approximately 188.7 Acres Of Real Property Located East Of U.S. Highway 41, South Of Seven Oak Trail, North Of Alabama Road; And A Text Amendment Creating Subarea Policy FLU 7.1.67 – Seven Diamonds Commerce Park PD; And A Map Amendment To The Future Land Use Map 2- 9 Adding Subarea Map 2-9(67) Seven Diamonds Commerce Park PD; And Providing For Additional Text Amendments As Necessary For Internal Consistency; Providing For A Repealer, Severability, And An Effective Date.
What the county recorded
Staff recommendation
Approve
DispositionAdopted
Approved to adopt by a roll call vote with Commissioner Bradford absent from the vote.
The source document
The county’s agenda for Board of County Commissioners, Nov 14, 2023
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Nov 14, 2023
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDD-24-0054 in full →Heard once. PDD-24-0054 appears on no other agenda in the archive.
- Nov 14, 2023BoardP90▶Adoptedthis item
What was said
Machine transcription of 23m of recording, with speaker names inferred from voice matching. 95% of 99 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Mr. Chairman Mariano Yeah we need to do P ninety before we do 103.
Okay. So we have P P ninety and then simultaneously right behind it we'll do the 103. Okay.
P ninety was published in the Tambay Times on July fifth, twenty twenty-three, and by affidavit of certified mailings and site postings.
Good afternoon, Commissioner We work with the City Plan and Development Department. I'm here to go over the P90. It's an ordinance amending Pasco County Comprehensive Plan. And this is
Uh an ordinance an ordinance amendment pass with County Comprehensive Plan providing for a comprehensive plan amendment to the future land use map two fifteen and sheet zero five from res one residential one D billions per gross acre to PD Plan development on approximately one hundred eighty eight point seven acres of real property located east of US Highway 41 South of Seven Oaks Trail, north of Alabama Road, and a text amendment created in sub-area
policy uh future line U seven point one point or FLU seven point one point six seven seven diamonds Uh Commerce Park P D and a map amendment to the future land use map two-nine adding sub-area map two-nine uh parentheses sixty-seven, seven diamonds commerce park P D and providing for additional text amendments as necessary for internal consistency, providing for uh repillers, uh severability and effective date.
The uh proposal is a comprehensive plan amendment, uh the changing from REST 1 to PD to allow for the development of an industrial park to include a mixture of both heavy and light industrial uses. Approximately 1.88 acres uh located on the east side of US Highway 21. And creating sub-area policies uh use 7.1.67, created sub-area map two-nine,
for instance 67. And there is an accompanying case uh resigned with petition for MPUD accompanying this plan amendment.
Thanks, please.
Uh this is on the uh north of uh Highway 41 and next please in the north market area and a little transition area. Here is the uh aerial of the property. Next.
And the current sunning is R2 low density residential.
Feature that you use uh showing us rest one.
Next.
And the proposed uh future land use is PD, Plan Development.
The sub-area transit plan is uh heavy industrial and light industrial, uh light industrial on the north and south sides. Uh CSX Railway is on the east side of the property, uh Highway A41 is on the west side of the property. Nice.
The comprehensive plan is uh consistency the proposed amendment is consistent with the following comprehensive plan, policy uh three one point two, uh regarding the use and development policy con one point three point six, wetland impact, uh policy con one point three point twelve in comparable uses, policy if you try to use one point eight Economic development. Policy FLU 1.8.10
preservation of capacity for employment generation uses limitation and the conversion of I'm sorry and policy E D one point four four limitation and the conversion of important employment locations. Thanks.
And the recommendation is uh approve the proposal comprehensive plan amendment and adopt the ordinance by Ron Bay.
Any questions on land use?
Um I'll ask two questions and maybe it's gonna be more appropriate in the zoning, but I just t two things. Recently at the MPO we talked about DOT had studied this road to be expanded to four lanes a long time ago. Um in Florida to Detroit, it's the only one that's still a two-lane road. The road looks like they're d gonna now go back to that study, possibly expand it. Uh are we gonna be able to get the land we need if it does get expanded?
Are we going to be able to get the land we need if it does get expanded? Uh as a part of a like a of setback.
Might be on our corridors already.
Okay.
I I don't have a question to that. I can certainly figure that out. Okay. But certainly if they haven't talked about it then
Okay. And I'll throw one other idea too. I I notice when we talked between both it talks about you're adjacent to CSX Railway and there's no buffer to them, which I think is good. I just want to make sure that if anything comes up that they have access to it and vice versa, that it does work for the site. If it becomes a passenger rail line or just even commercial traffic's available to them, I want to make sure they have access to.
Okay. Again I don't have the answer to that, but I'll uh annotate it here and make sure that we get that uh
That answer? Maybe the applicant has Okay.
Wait for me?
Come on.
We're still here. Barbara Willheight, 6327, Grand Boulevard, New Portie, Florida, 34652. Wanna say congratulations to Joe Richards on the record here. I hired him. I'm the one that convinced him to come here from Miami and move his family here. So I'm kind of proud. Well done. But uh the other side of it, twenty-two years he's been here and that means I'm getting really old. So But anyhow, I just wanna put that. I'm just really proud of him and that I came at ten o'clock this morning in order to uh wish him well. So
um seven diamonds. Yes, you've been sworn. I
know she doesn't. Oh she does not? I'm sorry. I have my apologies.
No worries.
Thank you.
We're checking on the we'll get the time the M P D unless there's somebody on staff, you know, maybe a mirror's on somewhere in the sky and can look at the right of way preservation tables. My computer died a little while ago.
Um but we'll get the answer to the right of way preservation tables and what they say. It's pretty wide right away through there. And yes, CSX that's purposely why we put no buffer in the uh varied to no buffer so that we have access over time and this property will be this way for a while. I mean think when you see that how this property will go over time. It's gonna be suited for the m using the materials from the mine across the street. But then eventually it'll evolve onto something else. It'll have a life, um, longer than just one use. And
so its proximity and being adjacent to the the railroad will be a benefit to the property over time. This is another hundreds of acres that are is going for productive job creating use and you and a use that we need. You know, we all use the products and we all My my house has has papers going down right now. Um we all use the products and we have to have a place for the products and you know I always hear the one person complaining about our mine, but we picked our mine location because of where the lime rock is. It's very good high
quality lime rock that goes in the materials that we use to have our houses built and to improve our houses. So uh this is our fourth hearing on this. Um we are available for any questions. I do have a wonderful team with me. I have a great client here which I keep hoping we're gonna have more development, but every time I stand up here this could be the last time I represent you. So um A good friend and a good client and it's been a pleasure and we're here for any questions and we'll try to figure out your right-of-way issue on 41.
Yeah, and and just uh the right-of-way issue is something that came up after we had spoken as we we met before. So it was something that came up in a conversation and uh DOT said, Yeah, let's bring it up at the MPO, so we did so.
I have a condition of approval that requires me to give the right-of-way as required, but I want you to answer of what is required. Yeah. I don't know. I want you to answer, not just for me to tell you how the condition that says I have to comply. Right.
So I'm going to use
the answer.
I have no doubt David put that in a long time ago. So I'm I'm not worried about it. I just want to make pretty much more to make you guys aware of it that that did uh occur.
Okay, so Land Development Code This is a public hearing. Would anyone here like to speak to this item?
I have one person signed up for P ninety, Stephanie Shatzman.
I feel like. Speak 4103. Stephanie Schatzman, [address removed]. Pasco County Commissioners on May 7, 2013, approved Lego Verde Mine, a sand mine that turned they approved it to a limestone mine on that day when it was an enactive foreclosure lawsuit. Pasco had liens against it that would
And they couldn't pay their property taxes. But Pasco went ahead and approved it. Eleven months later it went bankrupt. That plan for that property was eventually It's nineteen one million dollar homes. We were told that Pasco County was gonna work on stopping the proliferation of mines in our area at that meeting. That's misleading BS. Nothing ever happened. And so we got Seven diamonds, doctor James P. Hills Junior and
Lou Friedland's Ah, vain stomin. So now here we are with a concrete plant. This is a rural area. There are many people that just barely survive. And To me you're just taking advantage of 'em. It's plain and simple. This whole area is rural just down the road is Telavera. Then Milo Thomas has got plans and so the development plan um Uh uh plans
for our area was development to go up. We're right on 41. Take the airport. This property is one acre or more. So You could have had business people, you could have had this beautiful thing. CrossFar actually Wellfield abuts this property. And in October they pumped 25.74 million gallons per day. We've lost our lakes. Uh I've lost my ponds. We're at critical lake uh
level on our our lakes. This area needs to be protected. We don't need more wells for a concrete plant that probably is gonna have an overwhelming amount of water being pumped out. So I I'm gonna go into more on the other side, but this area should be protected. Uh in two twenty eleven you said States the future expansion of the limestone mining activity shall be discouraged or prohibited in order to maintain
the vision and character of the area, as well as to protect the ecological form of the area. Now look at us. Two limestone mines. and now a proposed concrete plant. You're completely changed our whole area. This is not for the better betterment of the existing residents. This isn't the better meant for anybody except for money hungry people. Thank you.
Is there anyone else here to speak to P ninety?
Mr. Chairman Mariano WebEx.
Okay. All right. So now we're going to move to P one O three. Is it a zoning amendment? Let's let's hear the zoning amendment to one one one by one.
This is a P D so that if you want to hear the if you want to hear the zoning amendment that's consistent with the comprehensive plan, you'll have to take separate motions, but that's the right-of-way. Oh you
still have to, okay
I'll do the publication again. P one oh three was published in Pam Bay Times on October fourth, twenty twenty three, and by affidavit affidavit of certified mailings and site postings. Thank you.
Good afternoon again. Rupert to Basari Planning in the moment. Pardon me. Uh this is a PDD twenty four seven six forty nine Seven Diamonds Commerce Park MPUD for seven diamonds L L C petition for rezoning from R2 Low Density Residential District to MPUD Master Plan Unit Development District to allow for the development of light industrial and limited heavy industrial uses and approximately 188.71. Acres located on the west side of US Highway
41, approximately 4.5 miles north of State Road 52.
So again the site is uh in the central market area north on Highway 41. Uh next please. Uh this is a picture of the site. Next. Uh current zoning uh district next please. And this is the future land use. Again, granted that we go with P90. This is the master plan uh with uh hip certain
heavy industrial and light industrial on the north and side north and south. Like. Uh there's a variation requested. The applicant is seeking the following variation from the land development code. From the Land Development Code 901.6.11, the street design and dedication requirements, design and construction continuation of existing street pattern and street
access to adjoining property from the land development code. section nine oh one point one h and any other applicable sections of the land development code. Also from Land Development Code 805.6, restrictions on positive development in wetlands and upland buffers within residential lots and non-residential parcels. And from Land Development Code 905.2, landscaping and buffering. Next please. And staff recommend approval with conditions on the requested
zoning uh re signing petition.
That's all. Any questions for staff? Go up again.
Barbara Will Hype again, sixty twenty, Grand Boulevard, New Portie. I do have the answer. Now we know if you're going to be able to do that. I have any sworn. Yes. Thank you. Sworn for everything. Um the answer commissioner is as usual your right-of-way prevent preservation tables, anticipate build-out. That's two hundred and twenty feet of right away for a six-lane build out. And we have to accommodate 110 feet from the uh center line of the right-of-way in our condition number 17. A bunch of your staff
participated in helping. I didn't do that all on my own, so I just want to call out to them. Um The we have a lot of conditions here. We worked on this for two years. To say that nobody cared about these neighbors is not true. David will attest to the fact of how many times he made me rewrite things and had our experts rewrite things. This is probably the most regulated um concrete plants and concrete um batching and those different types of things anywhere in this county. And we
were happy to do it. This Seven Diamonds just does first class operations. And they were happy to put all of these conditions on this project that you see in your packet. And we had we're going down to the wire like just a couple weeks ago, I think even after Planning Commission, working on some more. So we're happy to be here and we have Again our team here if you have any questions.
Okay. Any questions to the applicant? Okay. This was a public hearing. Anyone would like to speak to the item?
Um Stephanie Shatzman.
Is there anyone else in the audience after Stephanie?
Stephanie Schatz [address removed]. Dr. James P. Gavin's. Have you been sworn,
Ms. Schratzman?
Excuse me?
Have you been sworn?
Yes, I have. Thank
you.
Dr. James P. Gills Jr. and Lou Friedland's limestone mine approved and was improved in twenty seventeen. When seven diamonds blast, there are people that made comments such as, It rocked my house. That was a really bad one. Good neighbor. We worked full time and spent a fortune to stop this. that mind. But did anyone listen or care?
The comprehensive the PASCO 2050 Comprehensive Plan Groundwater and Surface Water And protection states to preserve the well fields by eliminating potential adverse impact to groundwater from adjacent land uses. Zoning shall only be allowed upon the condition that no land use that meets the definition of industrial shall be permitted. Permit it. Within such zoning areas. Pasco planning says the wells are far enough away that it
isn't an issue. On average, for the last few months, Crossbar Wellfield has been pumping 20 million gallons of water per day. We've already we are affected by pumping and over pumping. Um In 1994, the lakes went dry from overpumping. I've read concrete plants require a high volume of water. They want wells and septic tanks. You need to consider the aquifer, the water supply, and the private wells.
Functioning private wells are vital for our health, safety, and fire protection. There is gut concrete concrete two miles north. On the old Overstreet paving property that has CSX behind it. There is CMEX and Dexter on Spring Hill Drive off of US 41. Why would you approve heavy industry in close proximity to long-existing residential properties? I read concrete plants have high pollution and it isn't healthy for those in
close proximity. Will you protect the citizens? Will you protect surface water and the aquifer because the mines have massive open pits in the Wiki Watchy Springs shed. There is no air alarm system here. Fire station is eight miles away. Are you going to require water storage in case of a fire? None of planning's answers reassured me that you will protect this community. I am constantly improving my property and you are constantly approving abominations. This
may be business as usual for doctor James P. Gills, Junior and Lou Friedland, But this is not embeddement for our community. We want the same protection and peace they have at their homes and you have at your homes.
Is there anyone else here to speak to item P one hundred three? Anyone on WebLux?
There is no one on WebEx.
Commissioner Oakley about the ground w groundwater in the well fields. He has answered this question of hers three times. This would be the fourth time he got up and on the record and answered it. I'm happy to bring him up. He can go through the wellhead protection zone and explain to us explain the proximity of this property to the well fields. But I can tell you he has answered it um under oath three times now. Um as I mentioned the conditions, unprecedented commission conditions regarding pollution, surface water. We even have
a condition about fertilizing and where and when we can fertilize relative to Um Wiki Watchy even though we're not in the particular area where we need to have that kind of regulation. So we have done Staff has made sure all these comments have come up, have been responded to. We've responded to them in writing. We have wrote conditions regarding them and so we've we've we've got it. We've done it and um I I just don't think she wants us there, clearly. Um but this is a good co location for the
mines are um and we ask for your support.
Yeah. It's to the board.
So we have to have two motions.
Uh yes. First motion will be on P ninety, the lensage. Okay. I'll move on
P ninety. I'll second.
Any further discussion? All in favor say aye.
District one, Commissioner Oakley.
Aye.
District two, Commissioner Weightman. Aye. District three, Commissioner Starkey. Aye. District four, Commissioner Bradford. District five, Chairman Mariano.
Aye. No item P one oh three. Okay, I move approval.
Second and I just under discussion I just want to say you know there's never a good place to cite um things like this but society needs this kind of operation and it'll end one day. Um I believe they've you know the railroad on one side they've they've buffered it. I um I think they've done job of accommodating um their neighbors but this is just something this is just the
fact that we have to have these kind of locations and if we put them far away then you have these kind of trucks driving all over your highways bringing you the materials that our society needs to exist. So um with that my second
and this is The sand mine's been in existence for a long time.