An Ordinance by The Pasco County Board Of County Commissioners Amending The Pasco County Land Development Code, Section 905.2.E, Landscaping And Buffering; Landscape Acceptance, Maintenance, And Prohibitions; Appendix A Definitions; And Other Sections, As Necessary For Internal Consistency, Providing For Applicability; Repealer; Providing For Severability; Inclusion Into The Land Development Code, And An Effective Date.
What the county recorded
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
The county’s agenda for Board of County Commissioners, Aug 21, 2024
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Aug 21, 2024
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
DRD-24-0209 in full →DRD-24-0209 was taken up 3 times between Aug 8, 2024 and Sep 3, 2024 — this is appearance 2.
- Aug 8, 2024PlanningPC17▶Approved
- Aug 21, 2024BoardP65▶No disposition in the minutesthis item
- Sep 3, 2024BoardP53▶Adopted
What was said
Machine transcription of 23m of recording, with speaker names inferred from voice matching. 57% of 107 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Item 65, we have proof of publication in the July 24, 2024 edition of the Tampa Bay Times. Okay.
Uh item P sixty five is DRD 240209. Uh this is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code Section 9052E. Landscaping and buffering, landscape acceptance, maintenance and prohibitions, appendix A definitions and other sections is necessary for internal consistency, providing for applicability, repealer, providing for severability, inclusion of the land development code, and an effective date. Uh this is the first hearing and Mr. Brad Tippen is here for a presentation.
Okay.
Good afternoon everyone. Brad Tippen, uh Planning Development and Economic Growth. Uh we have the basic presentation on this. Uh just to give a little history on this item, uh we we did have a much larger uh kind of plan in place to deal with invasive species. Uh but after we got into it we realized that that was going to be something that we were gonna need to work on much longer. So uh we decided to dial that back and we worked with the Planning Commission uh in the County Office
and came up with some language to make what we currently have in the code now a little bit more usable. It creates a little bit more balance where it helps our code compliance folks to be able to work with people that want to voluntarily fix some situations that may be happening on their property that they didn't really have the ability to do well before. And it also clarifies a few.
So that's basically the the history I just kind of talked about. We did discuss this with the various stakeholder groups.
And we did withdraw the the prior one, which was what you heard earlier today.
So this is a really related to a comprehensive plan element to to use native species and to avoid introducing invasive species into what we're doing as we're developing here in the county. The language that was previously in our code did not really address how you would dispose of these invasive species. And we have a few different ones, Cocengrass in particular. uh that really needs to be disposed of in some very specific
ways or else they can create problems for neighboring abutting roadways, county lands and and their neighbors in general. Uh so that's what the the language was changed for.
That's too small for me to read, so I'm gonna have to read off of this one.
Same.
Yeah.
Got it? So essentially what we did was we had two separate pieces that we we changed. We added some language to section 905.2e, which is a code language that exists today that allows uh requires people to remove invasive species from their property, whether they're developing or whether they're an existing landowner. Uh we put some language in there to clarify what that means and how That occurs. And then we also updated the definition, actually, we provided a new
definition because the definition of invasive species wasn't clear before. So those are the items that we actually changed and you have the red lines of that in your packet. I did we did not put that in a slide here.
Okay.
And again, no action is required today. This is just the the first discussion on this item, first reading. If anybody has any questions or anything they would like to discuss related to it, I can answer some questions.
Okay, well my agenda says it to approve, but uh
yes, yeah, the agenda was mistakenly said to approve. This is the first reading, however. Uh it will be uh scheduled on the nine three hearing for action.
Does there anyone have any questions?
Well I'll I'll reserve my comments until after some of the public speaks here. Mr.
Chairman Mariano. So I'm glad we're adding Cogan grass and and dealing with that that's a s specialized thing and I'm glad we're addressing that. I think that's where this all started. But I've gotta tell you, we the county own lots of property that have lots of let's say Brazilian peppers, Australian pines, et cetera. Right. There's some on right aways or road that actually holding vegetation in. Uh, that's not a bad thing. I just had a guy in Hudson actually tear some Australian pines down and he's actually getting fined. Which uh we'll address it and fix that, but I'm not sure. It's it's hard to do all these
things. And right now I've got a development Highlands. Where we took down some trees this past year that were on our property hanging over people's property that might have damaged fences uh before the storms came in. We took care of that. But right now there's actually Brazilian peppers parallel to that on the same type of plot of land and we're saying, well we're not responsible to remove that. So I think any time you pass a law to exempt yourself from it is a bad thing. And until we're ready to go remove every single one that we've got as well. Uh we really gotta take note
of that.
D are we exempt
from
this?
So I don't know that we have exempted the county from this, and I believe our public works team actually has their own policy that they've done that's that's in line with with what DOT does related to these things. I don't know if they're here to speak to that or not.
Well I I I guess I am gonna have some questions and and um I'm gonna ask Keith Wiley who heads up or natural lands to what they do with the property they buy. Because I can tell you. Um just bought Gulf Harbors with them. The com come on up keep the community um the you know, the old um golf course and we are working with natural lands to Uh jointly take out the invasives and the Brazilian pepper. So I've never asked
what you do on other properties, but I think you guys have a management plan for invasives on county properties.
Keith's got an answer for you right now. I have an answer. Keith Wiley, Director of Parks Recreation, Natural Resources Department. So it's it's mixed. So in our parks we have BMPs, integrated pest management plans that we put in place. Same thing with the environmental. And a Lands property that we purchased, same thing. Not an easy task, not something you can do quickly. Uh it's very costly. So, yeah, we I think in, and I know Public Works is not here, but they also have an SOP that Brad mentioned that they're attempting to do what they need to do in the right way. I don't think
that the focus of this change is saying that this is an easy assignment. It's just giving the staff and the team the ability to address. It if I if I'm correct, Brad, during the development application process. It's not necessarily to target single-family homeowners, necessarily. It's how you would do this through the development application process. And there's a lot of other programs countywide that in terms of education and just that single family resident that I think are also in place that that assist. This is just one
one piece of of a very large um overall program. Mr. Chairman Mariano. Yes.
So don't we already have these provisions in place to not allow invasive species on new development?
So yeah, so that that kind of evolves through this whole process. I don't know if Brad wants to speak to that, but um but I as my participation in this is that the section that I think we're talking about amending right now, it it lacked the clarity to necessarily it it provided m the ability but lacked the clarity for us to pursue it. So the the proposed changes in front of the board today is to just add a little bit of clarity to that. Uh Is that pretty much correct?
Yeah. Uh you're exactly right, Commissioner. There was language that that was in there previously. Unfortunately it was it was more if you think of the the carrot and the stick, it was kind of the stick type of language. Um and what we've done is we've changed it to allow a little bit more the carrot. So this allows for if something does come up and and and code compliance needs to actually have a discussion with somebody, uh there are some ways to to better do some voluntary fixes uh that don't turn it into a formal procedure and proceeding.
Uh that wasn't in the language previously. Uh this does also exempt the residential single family lot owner.
So is this whole thing all about development? It's not about existing properties?
Yeah, let's let's try to share let's try to share this because I think that would be helpful.
You can put that on the L M L.
And you all have this in your packet as attachment A?
Commissioner Mariano, yes, that's correct. It's it's not intended to to to create a large overreaching program, it's to be very specific to the developmental application process.
Um and you know. We we didn't have anything that anyone anyone was looking out for and I I got a call Well, you know I've been talking about the spread of coconut for a while and that let's try and get it before it gets so bad like some other counties are eaten up with it. Um I got a call from a landowner in from Dade City and and developer that said, Hey You've got someone on fifty-two that is selling Cogan grass as sod. And you guys need to get out there and
stop them right away. And you know what? We couldn't do it. We didn't have any rules to stop them. And so I don't know where that those rolls of Cogan grass went, but they went to some development. And um And uh and now someone's gonna have a big headache and it and it's really g not gonna be fair to the citizens in that district, in that if it's a C D D or whatever, they're gonna have to clean it up because the state law does tell you You have to do something with it. You can't just turn your eye to invasive species. So Um So
we want to try and, you know, raise awareness and let and let people know if you have something, especially something as invasive as cognass, you can't go spreading it around and um and certainly can't sell sod as grass that is infested with Kogan grass. So um I think it's a baby step Um I think we'll talk about more things later and we'll see what other counties do. Cause I had um one of our engineers that works in the county told me that He got um they have property
in Hernando County and they got red tagged for Brazilian pepper. So Hernando County doesn't allow you to have Brazilian pepper on your property. So Um and I'd be very interested. We have two former Swift Mud members and I was Swift Mud member. Swift Mud doesn't allow it on uh invasives in their properties, right?
Nope.
Nope. And neither does D O T. So Um You know, at least we're doing something, getting a little more proactive I think. But it's not an overkill by any means.
And yes, we are coming in line with with those state agencies as well. There's uh Department of Agriculture uh and also DEP, Swift MUD and F DOT all have regulations that are are similar to what we've we've put in here.
Yeah.
Yeah, Mr. Chairman Mariano. Um You know, Cogan grass, I I know we need to address it. I'm glad we are. I think it's important. The other things you get into, I mean Brazilian peppers I think we need to add I'm okay addressing that too. But keep in mind we do have a lot of it
We do.
Some of the other trees that are on there. Um Was it Camford Tree was on there? I mean just
They're not great trees, but the trees that are growing to ha to removing everything. And I will tell you, I don't know about you guys, but I'm getting a ton of calls all on Little Road with all the development just got cleared out. Oh. We could have left a lot of stuff there. Um some of those could have been camper trees, other trees, but as we look at that I'm I'll look at this over the next two uh next two weeks, but um I'm gonna be I'm gonna be conscious to go forward.
Yeah.
I I do think we already have something in place does that doesn't allow The pl the planting of camphor trees. That is not on our approved list for developments, right? Correct. Yes. I mean we don't allow them to plant Australian pine, Brazilian pepper, camphor trees. They're they're not allowed to plant those.
Yes, we have a a specific list of of the natives and certain exotics that are allowed to be planted with new development. Uh and then everything falls under those categories of federal and state uh related to the invasives that you cannot plant. So we don't necessarily call those out today. Um that's what's part of the pieces that's missing from from what we have in our code right now.
Yeah, and remember that with Kogan Grass. Um It's gonna it's gonna take over and it's gonna everything else is is gonna be gone because No trees are gonna grow in it, no other grass is gonna survive in it, nothing else will grow in it. Nothing eats it. It cuts you up when you walk in it. It's not a good thing to keep spreading in the county. Mr. Chairman Mariano.
Has the Tampa Bay Build Association looked at Center and and put a comment to it?
Yes, the Tampa Bay Builders Association was involved in some discussions. We had these uh talks, they've seen this, and we didn't have any negative feedback directly from them.
I'd like to get something from them before the next meeting to see if they approve or disapprove.
Yeah, and I had lunch with them last week and they were fine with this.
Yeah.
Yeah I believe I they they verbally did say that they would be reaching out to the commissioners, but I I didn't didn't receive anything. Okay. But I could get something from them.
All right, so this is the first reading
comment
then. So I received an email last night. Is this item fifty fifty nine? Remember the right one? Yeah, sixty five.
Yeah, they
may have put it on the
I can read this out loud if you would like to hear it. Good morning. On behalf of the Tampa Bay Builders Association, we would like to express our support for Item 59, which pertains to invasive species ordinance on today's agenda for first reading. TBBA has been working closely with the staff over the past few months on this issue, and we appreciate the balanced approach that the staff has presented. The approach focuses on the main issues with invasive species, especially as it relates to Cogan grass. TBBA is committed to doing all we can with our builders and staff to eradicate this invasive. We kindly request you continue to move on to move this
on to the second reading. We are more than happy to answer any questions. Sinceriously, uh sincerely, Edward Briggs, uh Vice President of Government and Relations.
Well she's
Yeah.
Okay. Uh is anyone signed up to speak to this item?
Yes, sir. We have two uh folks signed up, uh Laura Starkey.
Well this is a first. I think.
Oh they can speak the next time?
This is the land development code. They get two two bites of the apple in on these. Well good.
Laura Starkey, my I have a residence at [address removed]. Okay. Um Yeah, I I'm Laura Starkey. I'm owner of Hartwood Preserve Conservation Cemetery in Trinity and the former Director of Conservation Lands at my family Starkey Ranch back when it was still a ranch. In both of these roles, extending over the past 20 years, I have been responsible for managing invasive species on our lands. I'm really happy to see this ordinance being brought up.
It's long overdue. Management of invasives is crucial to caring for any la natural lands, as any land manager knows, whether if they're from a public or a pr public agency or from a private landowner's perspective, which is my experience. Our developments line up to these natural areas that land managers are managing. So we don't want to ignore the problem thinking it's just an issue for Swift Mud or uh fish and wildlife or parks and wrecks and natural resources. That only e exacerbates
the problem. Protecting these border areas, what we call the wildland urban interface, are like protecting your borders from invaders. So even though we do have the agencies, we have you know Keith Wiley and we have Swift Mud doing a lot of work to manage invasives, it's really important that we manage them in the in these uh development areas. Just taking from a personal ex example and personal experience. also as a resident and business owner in in Pasco County.
The Starkey Ranch Development, which has done such a beautiful job with landscaping using Florida native plants. It's just beautiful there. Their parks, their lakes, their walking and biking paths. They're enjoyed by so many people, myself included. But when I walk past the wetlands, which were very dutifully protected as they were supposed to be, they're just choked with Caesarweed, Peruvian primrose, Cogan grass, other other invasive species. So So it's
happening and we've got more development coming. I want to commend Commissioner Starkey for her work and and bringing this up and I'm seeing other support for it as well on the Kogan grass. But I would just say It's great to c target Kogan grass, but let's I would really recommend you don't stop there because while it's currently number one on the top ten and s list of invasive species worldwide, um it's not the only one. So I wouldn't urge the the the um language
to reference not just a definition of invasives, but to also reference uh the Florida invasive species. Species Council, which maintains a science-based list of what's up to current, you know, up to date at the time, which right now is Cogan grass and a number of others. But that's going to change over time. Hopefully, we'll get you know globally a better handle on Cogan grass, but you know, 10 years from now it may be something else that we don't, we're not even looking at right now. Um, so that change that list is going to change. Change and
growth. So I would just encourage that uh the language use um You know, a reference that's science based. What was the name of that, Laura? The Florida Invasive Species Council. It was formerly called the exotic Florida exotic something, but they ch they've updated their name. for it. So
Thank you. Thank you for your comments.
Jennifer Sini.
Name and address of the clerk.
Jennifer Seney, [address removed].
Hey there, Miss Seney. How are you?
I'm well, thank you. Don't take that off my time.
Um my opinion of this invasive ordinance today. Amendment to section uh uh nine oh five point two. I gotta put my glasses on. It has some flaws that I think we could address. And the flaws, I believe, could lead to some unintended results. In other words, I think this can be strengthened. Number one, although it is good that the best management practices for maintenance shall be included in the development review
manual, there is no indication of when such practices are to be applied. Initially. The action of identifying, listing, and planning for removal should happen in the site planning stage, and I believe we should state it in the ordinance. Number two. If you call out one invasive, then call them all out. And the reason that's important is we have invasives like soda apple, air potato, Brazilian pepper, and others. Or
better yet, as Laura said, specifically reference the Florida Invasive Species Council Category One list. These are the worst of the worst. This would be more focused than the current reference to the IFIS ag list, which is too broad and doesn't rank according to damage done. My friend Eva Bailey. a scientist who is serving on your ELASC committee and who is out on an assessment
today said to me, and I'll quote, The justification for naming the list is that it is based on science and evolves with new data and stays up to date. So the third thing I want to say is, yes, Cogan grass is bad, But as the revision stands right now, only naming Kogan Grass will lead to the permission by omission behavior that some attorneys and developers will not hesitate to
use. And finally, where is the follow-up in this ordinance? Will it be possible to condition the invasive action required? Who's gonna check? When will we check? And for how long will we keep watching? I'm glad you're attempting to address Pasco's invasive plant species. I think this is a good start, but I do believe we could tweak this and do a little better. Thank you. Thanks a lot,
Jennifer.
Anyone else signed up or
no one else signed up and no one online?
Okay. Anybody in the audience wish to speak to this item?
Uh No action requires any discussion we'll have before we move on.
Can I um can I suggest though that you take into heart some of the suggestions that were given and then um let's talk about them at our second reading and um you know see if we need to make these changes. Because they they make sense to me.
I I agree. I agree too.
Mr. Chairman Mariano. Yes. You know, we were briefed on the other item that was gonna come that got pulled to be replaced with this, so I think we shall be get briefed before this comes back to us as well. With the changes.
Do that.
All right. Thank you.
So this is the first of two public hearing. The second hearing will be held on September third, twenty twenty four, at one thirty PM in Dade City. Yep.
And as you're driving, look at all the Cogan grass. It's popping up. Okay.