An Ordinance Amending The Pasco County Comprehensive Plan; Providing For A Comprehensive Plan Amendment To The Future Land Use Maps (2-15 And Sheet 10) Changing From RES-1 (Residential-1 DU/GA) To COM (Commercial) On Approximately 3.02 Acres Of Real Property Located At The Northeast Corner Of The Intersection Of Jasmine Blvd And Little Road.
What the county recorded
Staff recommendation
Approve
DispositionAdopted
Approved to adopt excluding the car wash, gas station, and self-storage as a use and that it would have to be zoned C-1 by a roll call vote.
The source document
The county’s agenda for Board of County Commissioners, Dec 10, 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, Dec 10, 2024
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDE-25-0011 in full →PDE-25-0011 was taken up 3 times between Oct 17, 2024 and Dec 10, 2024, continued 1 time — this is appearance 3.
- Oct 17, 2024PlanningAPC14Approved
- Oct 22, 2024BoardP78▶Continued
- Dec 10, 2024BoardP81▶Adoptedthis item
What was said
Machine transcription of 31m of recording, with speaker names inferred from voice matching. 79% of 175 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
District four Commissioner Yeager. District 3, Commissioner Starkey not present. District 5, Acting Chair Mariano. Aye. Motion passes 4-0. Now we'll go to the Item P eighty one. We have proof of publication. In the Tampa Bay Times, September fourth, twenty twenty four, supplemented by an affidavit of certified mailings and site postings, noted that this was uh originally continued from the October
twenty second meeting to today.
Okay.
Thank you. Mr. Chairman Mari 250011. This is an ordinance amending the Pasco County comprehensive plan, providing for a comprehensive plan amendment to the future land use maps 2-15 and Sheet 10. Changing from Res1 residential one dwelling unit per gross acre to CON commercial and approximately 3.02 acres of real property located at the northeast corner of the intersection of Jasmine Boulevard and Little Road, Uh this comes with a recommendation to approve the proposed comprehensive plan and adopt your ordinance by roll call vote. We have a presentation if
so desired.
Uh we want to see a presentation, yes.
Okay, good
Good afternoon, Amy Tull with Planning and Development. Uh so the ordinance has already been into record. Today's amendment is the adoption hearing for a proposed comprehensive plan amendment. The applicant is proposing an amendment from Res One, Residential One Dwelling Unit per Gross Acre, to Calm Commercial on approximately 3.02 acres. It is located at the northeast corner of the intersection of Jasmine Boulevard and Little Road. There is a proposed
companion rezoning. or will be a proposed companion rezoning petition. The applicant has acknowledged that on uh November 18th they would request a rezoning petition uh to C1, which is your neighborhood scaled zoning district.
So here is just a general location of the property being within the embassy district of the West Market area and the urban service area. Here's a contacts map to highlight its location at the intersection of Jasmine Boulevard and Little Road. As you can see, there is a currently existing neighborhood scaled commercial on the west side of Little Road, as well as some high density and low density residential surrounding it. Here's the aerial map
of the proposed site. The existing Res One future land use. The proposed future land use to calm.
There is uh the transportation network of being at the intersection of Jasmine Boulevard and Little Road. Little Road is an arterial roadway, Jasmine Boulevard is an a collector roadway. There's also the Little Road Trail that is uh running alongside Little Road. Excuse me. And then the existing zoning district is currently PO two. As noted, the applicant uh did confirm uh that they would request a rezoning petition to C One, which is your neighborhood scaled zoning or uh commercial. The
following policies are consistent with the proposed comprehensive plan amendment.
And with that, we recommend to approve the proposed comprehensive plan amendment and adopt by roll call vote. I'd be happy to answer any questions you may have.
Um I'll I'll fire a couple of questions. Sure. So in talking with I had met with the applicant, um we had talked about how I didn't think gas stations would be a a good location for that uh use. I talked about no car washes, no self storage, and obviously no live local. Uh I know it's a land use thing, but is that gonna be coming up when we talk? To the others that they've agreed to that.
Yes. So preliminarily the conversations had was the applicant was proposing an amendment to COM. PDE or Planet Development Economic Growth's stance at that point in time was essentially to deny the request unless they were going to kind of restrict the uses to prohibit self-storage gas stations, so on and so forth. At the local planning agency that Was heard last month. Their vote was to recommend just a straight calm without the proposed deed restriction. The
deed restriction will be covered at the zoning stage, so that will be accompanying with their recommend their request of a C1 zoning district rather than a C2 zoning district. But the prohibited uses would not be at that point in time. The only deed restriction. would be for the live local.
Okay.
So I know we get some public opposition. Um was handed out to us earlier, and I see the gentleman, Mr. Rose, is here to speak as well. Um I'd like to hear from the applicant and then I think M my thoughts is and Jeff coached me on this, but My thinking is that we hold back in here the zoning to make sure we get all the conditions in that Uh we're protected.
You can't. Um because they're proposing a straight zoning category so the Comprehensive plan amendment must be effective before they can before you can take up the zoning amendment. Now the zoning amendment can, as you d have done in numerous other occasions, have a deed restriction which travels with it. That restricts uses if that's the board's desire. So we can put those D restrictions now. You can put those deed restrictions in when the C one comes up.
You could actually probably put a sub p sub area policy in. That restricts the uses. David. You
I think staff has put in submarine policies although it's a fairly small piece of property. I don't know if the the work that the staff has done or
Yes, a sub area policy is the way a comprehensive plan, future land use, can be controlled.
So you could you could limit its uses within a sub-area policy for the comprehensive plan amendment if that's the board's desire. Okay. Very good.
And uh just a couple other things. So the PO existing zoning district is still consistent or would be consistent with the proposed com flu? So um there's that to consider. And then also Liam just made note that the self-storage in the gas station would not be a permitted use by right in C One. It would be a special exception. Okay.
Magnus. Right. Ready to hear from the applicant?
Right. Gavel. I
will
pass
the gavel.
And I warned everyone I wasn't gonna make it back at one thirty. No problem. Yeah, thanks.
Good morning, Madam Chairman and members of the County Commission. My name is Cindy Terrapani, Terrapani Planning Strategies, 128 East Tarpon Avenue in Tarpon Springs. I am the authorized representative for the applicant who is also the property owner, Casting LLC. I do have a document for the overhead in a little bit and I'll go ahead and pass it out to you
for the
Do we need to move move move? Make a motion, receive and file. Second.
All
in favor? Aye. I think it's roll call vote on everything.
Oh we
don't need one.
Okay.
Okay. All in favor? Aye. Aye. And um Commissioner Weightman. If you don't want to stay on, I know you're not feeling well. You're Whenever you want to do. I'm here now.
I think I'll take my presentation a little out of order to just address the issue of the deed restriction and the C one, C2, and then I'd like to make some other comments. We did initially start with the C2 zoning district with a laundry list, 15 or 16 items, including Live Local, that would be prohibited through the deed restriction. And we were a little concerned about some use whether some uses were allowed by right in C1. We clarified that with the staff that the things and uses that we We are interested interested in would be allowed by right in C one. And so as uh Ms. Hiler stated, we did
state at the Planning Commission that we would uh when we're ready to submit the rezoning, which we're still a little bit um from that, that we would request C one. Um and I'm stating here today my applicant, my the applicant and my client have agreed that they would do a deed restriction to prohibit gas stations, car washes, and the live local. We hadn't thought about the self-storage, but I I'm I'll double check with them when we take a break, but I'm pretty sure that won't be a problem either. So just to be clear, uh when we do the rezoning application, we would submit C1 should
you all, you know, approve this application. Mm. Um so this is a plan amendment from Res1 to commercial. The PO2 zoning seemed to be the less appropriate zoning district and long-term use for a corner. That's a signalized corner. Um Jasmine Little Road is a urban arterial, six lanes of travel, all turning movements at that intersection, turn lanes for every turning movement. Jasmine, there's an east-west collector with two lanes of travel and then at the intersection it widens for turn lanes for all
directions. Jasmine connects from US 19 on the west all the way over to Hilltrop Drive on the east to the east of the site. A traffic needs assessment was performed by Pasco County for this case, and they found that was done by your staff that Little Road is currently operating well below its capacity, meaning the commercial development, if approved, would not negatively impact the operation of Little Road. And of course, as you all know, uh if this is approved and we apply for the rezoning, we would have to do a more detailed traffic study as part of the rezoning.
We've already got that underway. When my clients Castay and LLC purchased the site, there were three dilapidated homel uh houses on the property occupied by the homeless, in addition to a homeless camp, because the property was fairly overgrown and had really been abandoned by the previous owner. Since their purchase, my clients have demolished those three homes. They've started to clear the site, recognizes there's more clearing to be done. Things got a little slowed down on this site due to the hurricane clearing that is being done so many other places that are really more important. The goal is to make the
tract the site attractive for development and become a property that will contribute positively to the city, to the county's tax base. If you would uh share that map, that would be helpful. Can you turn it So that State Row fifty two is at the top? This is the exhibit that I passed out to you. It's a fairly simple exhibit. Nope. One more. Yeah. Thank you so much. So what I looked at was Little Road from State Road 52 to Ridge Road. It's a little over a two-mile section. We're
about a little more than we're in the top third of that two mile section at this site. Along that tour mile corridor, every single major intersection, as shown by the red stars, has commercial zoning, commercial plan category, or com and or commercial uses. So clearly the pattern of a major intersection with uh the intersection of Little Road with another major road, the pattern is for commercial development at that corner. Those commercial corners are the intersections of the following streets, starting on the north, State Road
52, The second one is Jasmine Boulevard. That's this app the site of this application. Directly opposite the Plan Amendment on the west side of Little Road is a Walgreen store with C1 zoning. F going further south, Grove Drive, Fox Hollow Drive, Embassy Drive, Hilltop Drive, Embassy Drive and Hilltop one side, the west side it's called Embassy. On the east side a little, it's called Hilltop Drive. And then Ridge Road is the southern edge. It should also be noted that at five of these six intersections, commercial development is immediately
adjacent to residential because your code has a variety of provisions to install buffering between those two uses. Your staff is recommending approval of the plan amendment and is found in the commercial plan category is acc is appropriate for the site, stating on page six, and I quote, the COM land use designation is appropriate at this location Pursuant to policy one point six point two. and the subject site meets the location criteria for an amendment to calm flu. Yeah. Cl the c location criteria relates to
com being appropriate and major intersections of major roads. And that's w exactly what you have here today. As I mentioned earlier, we will, when if this is approved, we will pursue the C1 zoning with the deed restrictions that I've just talked about. the gas station, the self storage and the uh uh car wash and of course to live local sites really not big enough for multifamily or any sort of residential development.
I know this commission is well aware that the county has detailed regulations that must be met in order to receive permits and develop the site. These detailed county development regulations will hopefully result in an attractive commercial site with parking, driveways, landscaping, buffering, stormwater management, and it will transform these unoccupiable residential lots. into a commercial site that will provide convenient neighborhood services and return the site to the county's tax role in a positive manner, which it clearly is not today. We believe our commitment
to request the C One district with the deed restrictions that I've stated on the record Will allow commercial neighborhood commercial uses at the intersection while also protecting the residential properties. This site and these property owners should be eligible for the same commercial uses as exist on five other major intersections along this section of Little Road. We respectfully request your approval of the plan amendment, which is consistent with your comp plan And I thank you for your time. I'd be happy to answer any of your questions.
Okay, uh board members. Uh Lisa, did you have questions? I was just wondering can we pull that up like so we can have an aerial view of that? I kinda wanna see what it looks like.
That's why I always bring my iPad.
I know I forgot it on the camera.
People people see me on my iPad and I'm zooming in on uh on Saturday.
Starting at the top where it says State Road fifty two, all four corners of that intersection have commercial.
No, I think she means the satellite screen.
Sorry about that.
While we're that waiting for that, Madam Chair, can I ask a question? So Cindy, are you comfortable as a curry uh county attorney just said if we did a sub-area policy Um Comments in there with no gas station, no car wash, no self storage and no live local. Are you comfortable with that if we do it that way?
We can. I I I I thought I was hearing that you all thought a deed restriction was the better way to do it, but if you feel the need for um you know the the sub-area policy, whatever, whatever gets the job done to confirm what we're committing to, we we will do that. We'd like to move forward today if that's possible more as quickly as possible, because we have already done the rezoning um traffic study, we've done the environmental study, so we're trying to move forward if you all would Agree to this today.
Would the sub area policy hold you up if we had that written in? Or is there a lot to
that? I don't know. I I'd have to I would defer to the county attorney whether that happened today or at a different meeting or
that it would be put into the resolution or the the ordinance that was that's being adopted. I don't see the
delay to make some
modifications to the
ordinance, but it can be approved today if that's the question.
Okay, that's the question.
Thank you.
So do so I understand it you there would be a sub area sub area policy like there are for other areas in the comprehensive plan, the future land use element, and those three uses and the live local would be prohibited uses on the site. Is that what we're talking about?
If the board wants to do this through a sub area policy, yes that's That would be the direction. I mean Could it be done through a deed restriction? And that is that is that the more common way we do it? Yes. But it's really the board's prerogative.
Well what's
I just want to make sure it's done.
Which way is which way would you recommend? The
board is concerned about having those uses Available in the comprehensive plan then the sub area policy would be.
If you want to make sure that those assurances are committed to today, it would have to be a sub area policy. Okay. The deed restriction we we don't know when that's going to come.
Right. Okay. Yeah, I'd I'd rather do it today.
Okay.
Um any other questions while we're waiting for a map? Yeah, I'm trying to pull it up on my phone right now. Commissioner Oakley, any questions? Commissioner Weightman, do you have any questions?
You almost got to speak.
Can we
Discuss this a little a little later if they're down or let's
see.
We could take public comment and then come back to you, Lisa, if that works. Commissioner. Okay.
Yeah, I just I wanted to see like you know, where the residential was located, things like that. So
That may or may not be live there.
You know, why do we we have this problem a lot? I feel like we're not going to be able to do Need to dive in why we get disconnected a lot.
That's a heads up for the Guys.
Is it the wiring? Loose wires.
While we're waiting too, I will tell you the um I I think you're asking where is the residential in relationship to the site. Um it is um to the east. Uh residential development exists to the east and to the southeast. Um to the north it's vacant and there's a plan amendment um pending um hasn't come to you all yet that's for residential and commercial. It's a much bigger lot. Um the one person there were two people who appeared at the Planning Commission. One of them was the resident who lives immediately adjacent to us on the north side of Jasmine. And she said she was okay with commercial
but she didn't want a gas station. Okay. And the other gentleman lives on Hilltop, um, which is a good
Third of a mile to the east and then a little bit south on Hilltop. Hilltop is runs north and south about a third of a mile east of the site. And he had concerns about generally commercial. And he may or may not I mean I'm not trying to speak for them, I'm just telling you what I recall from that hearing, if they they may speak for themselves.
And we still have to hear public comment right now.
Yeah, we'll take public comment now, then we'll they can work on the map. Okay, is anyone signed up to speak beside Mr. Rose?
Do we and do we have any
Alan Rose.
Do you have anyone online? Or or did you?
Good afternoon. Alan Rose, [address removed]. In conjunction to this rezoning. Something that wasn't brought aboard or to the to the planning department is this is part of Golden Acres. This is this is Golden Acres phase one, lot two. We do have Well this this particular lot? They did not mention that this parcel is currently designated as a wildlife sanctuary by our by our covenants.
And you can see it. I provided y'all a copy. It's in there just the last two pages of our covenants. They did not mention this parcel was part of Golden Acres, phase one, lot two. with land covenants. They did not Contact Golden Acres community. I did. They did not contact the abutting property owner and stated, I did. The second, the lady that was at the last meeting, she was two away. I went to the abutting property owner. He is not in favor of this rezoning. I
went to our community members and I've got numerous signatures that we do not want to see this rezoned to commercial. It will adversely affect our community and and everything. that we are we have there. Yes, there is. And that's why you see that. Um They misrepresented a property stating only high density commercial rezoning made sense. This is wrong. We have Driftwood, Village, Timber Oaks, Jasmine Estates, Crane's Roost, and
Golden Acres, all local. And all on Little Road. You have all of these residentials on Little Road right near nearby. So when they're fake making this seem like it's all commercial, no. It's f in this particular area it's all residential. Jasmine from Lakeview Drive West, three miles through Golden Acres Phase One. There are zero high density commercial properties, just one pharmacy. at serving the community. Little
Road from Grove Street north, three miles, to Star Trail, There are zero high density commercial developments. A church, a charter school, and a veterinarian, all to support our community, not high density commercial. And please see the ad attached p petitions I've provided.
of County Commissioners to deny the rezoning required it It backs up to e backs up everything I have said. And the community. Has signed off on this, denying this rezoning request. This is all of our residents and they are in they are located within Golden Acres and we are we are asking that you deny this rezoning request. We're supposed everything's supposed to be on a minimum of one acre. And uh that's what that's short
and simple. If there are any questions, I'd be glad to to provide it to you. But we have numerous signatures of all property owners and and and residents within Golden Acres. We do not want to see. Commercial.
Mr.
Rose,
I'm I'm looking at your um paper that you gave us. And um nowhere does it say what lot it's referring to.
That's re f phase one. It's all it's an all of phase one. And that is phase one, but two.
It doesn't say that. Nowhere does it say phase one lot two. Okay.
I I Well
we can't really go by this.
Hang on. I have the originals over here.
And I I I don't even know if that's do we follow these or
No, the these are these are deed restrictions on the property. It's the covenants and restrictions. Uh says they were recorded in seventy eight. I don't know whether they're
good for thirty years and then they were reaffirmed every ten years thereafter. And no one has has uh rescinded these So they're still in they're still in uh operation. And then I've also to show you
and that's a civil matter between you and the property owner. All right,
so we would have to sue them when they decided to do this? Yeah. Okay. So that's where we'll if this is a property.
I mean that's the deed restrictions bind the property owners. They don't bind government regulation.
Okay. And then I also this is a list of all the properties. These are all residential properties. from uh on on little road from Grove. To Jasmine. From one million dollars to six six hundred thousand. Three hundred thousand. Those are all on Little Road, but in Little Road. coming up to this. Then you have all the long list of properties that's from this property all the way up to Hilltop. And you can see all those properties from a million dollars to four hundred thousand. You know
what you're gonna do to our property values when you put a a commercial, high density commercial on our on in our residential area. This is what I brought to you.
I have a question for s for staff. Can anybody tell me what this area looked like dur during um if it got took on water for flooding in that area?
No, it's high. Our wetlands were all were all high. That's high. Our wetlands were all high. But there was the only place that had severe flood flooding was the uh was Bear Creek going under Osceola. And that's where this will also cause, if it's hardened up, will cause the water flow. It flows from Jasmine to Bear Creek and out Bear Creek. So everything from that side. But that's how that water flow goes. So it will it will increase and this is also uh I had submitted something to you on the uh regarding it's uh it's
in impaired waters and that this type of development is not supposed to be occurring on v on communities with impaired water systems like we have.
Madam Chairman, just for the record, uh we would like for the record to tie the item that you just mentioned that was presented in earlier public comment to this particular on the hearing of this matter at this time.
Okay. Um
Would you like a extra
Yeah we're just doing it of recording?
Is there anyone else who wishes to speak to the board?
There's no one else signed up in it.
Okay. And here's your map. It's on my screen. Is it on your screen? There it is. Okay, so can you is it possible to zoom in? Uh Alan, you're done. Thank you very much. Um
I've not I don't I can't tell which is the corner on this. I think it's Okay, so right across the street is the C V S The Walgreens. Um, I'll d I don't mind going ahead and speaking and I would say I don't agree with you that this is gonna destroy your property values. Um What is it what if it's a daycare? Is a daycare allowed there?
Would a daycare be allowed in this zoning? Not you, Alan. You're done. Thank you. You're finished.
Yes, daycare would be part of.
So I I I would point out to you that we have a daycare right smack in the very middle of Starkey Ranch and the residents find it a great Um great benefit to them. Um and vr uh so I I think we've protected the residents with some of the uses that we've kept out of it. Yes?
I before you go into commissioner comments, let's have the applicant rebut.
Okay. Do you want to rebut? Okay.
Then you can go into discussion.
Okay.
Are you? Just very briefly, um a couple of things. Number one, this is not high density commercial It's your neighborhood commercial district. It's the lowest intensity commercial district that you have. C coupled with those deed restrictions that we've been talking about. Um second of all If we don't have neighborhood commercial in some proximity to residential, people have to drive too far. And that's the problem. Then you have more wear and tear on the roads, you have more impact on roads. You want people to be able to get to neighborhood commercial, go get a sandwich, go get a a a
thing of milk, whatever you might need. You want and you want that close. Um Commercial and residential can clearly coexist next to each other. We see it all over the county. I showed an example of um all places just in the vicinity on Little Road that it does. And then uh finally I would just say that um I I think you know, maybe Mr. Rose is concerned about people uh leaving this site and going east on Jasmine and then going into the neighborhood. Honestly there's no reason for them to do that. Um
because there anyone that's gonna want to go north or south is gonna get back on Jasmine, go to the light and turn north or south on a little road. So I think th you know the impact on the neighborhood is extremely minimal. Um again with your buffers and all of your development requirements that are are in place, we think it can be a good addition um to the neighborhood. Thank you and I'm again happy to answer any questions.
Uh another comment?
One of the things in our conversation you talking about there was actually a even a homeless population that was in that property. There
was, yes,
sir.
Yes, sir.
Uh-huh. Uh if you if anyone's got questions, we'll go for go back to the board.
Yeah, but I'm not sure.
They were living in the houses, they were living in the in the on the lots because it's a pretty good size, the three-acre property. It was fairly heavily vegetated, so it was a serious problem. My my clients own the property, they're not under contract to purchase it. They've actually owned the property and pursuing the redevelopment of the site and and they've already done that work to clean it out. Yes, sir.
Thank you. For
Yes.
Just as a follow-up on Commissioner Yeager's question, uh the property is is extremely dry. Following the uh October eleventh overflight.
Yeah, my client n uh said that he didn't they did not have any water any flooding on the site. Yeah, that's pretty
high there I think.
Just one point of clarification, which is that We can do the sub area policy for the gas station, the mini storage and the Uh what was the third one I forgot? Car washes But Lib Local is gonna still have to be a deed restriction for legal reasons because we're preempted. So just wanted to make sure that was clear.
Okay.
Okay, so whoever makes the motion.
All right, so I'm gonna go let me just have a little more conversation with it. Uh very familiar with the The neighborhood is a great neighborhood. It is a commercial corridor. I think Taken out the gas station, car wash self storage. It provides for a good opportunity for something good to go in there to actually help the neighborhood. It's also gonna help the major traffic going up and down Little Road. CVS is right across the street. Uh Making this a less dense uh commercial I think is is a is a good move for the area. I don't think it's gonna hurt the area.
Agreed.
Okay. Well does some someone want to make a motion?
I'm over.
Do I have a second?
I'll second with the further discussion.
Well, um can you clarify with your motion that it includes the D Drist Live Local D D restriction?
No. So it would be it Live Local D live local deed restriction is going to have to come back Oh. But it excludes the car wash car wash as a as a uh use. Car
wash, gas station and And Amy was
Okay. So with the with the gas station car wash and self storage in the sub area policy I'm Well then
if we could also if we're doing sub area policies the model might as well also say that it's C one has will have to be zone C one as well.
Let's go with
motion
right-center your motion. Yeah.
I'll go with a second or
Okay. Um roll call?
District uh District One Commissioner Oakley. Aye. District two, Commissioner Weightman. Hi. District three uh four, Commissioner Yeager. District five, Commissioner Mariano. Aye. District three, Chairman Starkey. Aye.
Okay. Um so are we on to eighty two? I don't know what you guys do, so