Zoning Amendment (Consent) - Chanzep LLC - Chanzep MPUD Master Planned Unit Development - A Rezoning Petition Request From an A-R Agricultural Residential District to an MPUD Master Planned Unit Development District to Allow for the Development of 96 Platted Townhome Units and Associated Infrastructure - Southeast Pasco County - Located South of Chancey Road Approximately 777 Feet East of the Chancey Road and Gall Boulevard Intersection - Containing Approximately 20.42 Acres

55:29Item PC 8 is PDE 267866, a zoning amendment in the name of Chanzep LLC, Chanzep MPD Master Plan Unit Development, for a rezoning request from an AR Agricultural Residential District to an MPD Master Plan Unit Development District to allow for the development of 96 platted townhome units and associated infrastructure in southeast Pasco County, south of Chansey Road, approximately 770.

56:04She's done.

56:10sugar.

56:19You thought you were getting married next weekend? The gods are angry.

56:26Kurt?

56:26Good afternoon, Planning Commission members. Agenda item PDE twenty-six seventy-eight sixty-six is the Chanzep

56:33M Pud. This is a rezoning request from an AR Agricultural Residential District to an MPD Master Planning Unit Development for the maximum development of 96 platted town home units.

56:48Located within the East Market area within Commissioner Oakley's District.

56:56It's immediately abutting south of Chansey Road and east of Crystal Springs Road.

57:04So our zoning currently retains AR agricultural residential. The future land use here is res nine, which permits the SOT density without amendment. This equates to a requested density of four point seven dwelling units per gross acre. It's our context map to visually orient ourselves. This is approximately a mile and a half south of the Zephyrhills Municipal Airport and it meets the criteria of LDC section six oh five. This is within

57:34permissible land uses. A Hold Harmless Agreement has been codified within the conditions of approval. and a self-imposed maximum building height of 35 feet, LDC section 605 permits up to 60 feet.

57:53Here's our MPD master plan. Illustrated are the vehicular access points north, south, and west connecting to Crystal Springs Road. A vehicular connection does not immediately access Chansey Road.

58:06Here's our binding concept plan. Along Chansey, the applicant is developing a 10-foot multi-use path, and in red are portions required of the development. In green are off-site creditable portions of that same 10-foot multi-use path. Further, or likewise, Crystal Springs Road is being developed with a five-foot sidewalk. With creditable and off-site, off-site creditable portions and developer obligation portions of that roadway.

58:37The binding concept plan allows for front and rear-loaded townhome products. The light pink color is where residences are proposed. And townhome units are adequately buffered along both Crystal Springs Road and Chansey by varying landscape buffer types, D1, D3, and B.

59:01The applicant requests a variation from 901.6.

59:07As

59:13the um request here is

59:18The easternmost on-site acreage of the property is home to an extensive Category One wetland system which prevents a vehicular connection. BDE is amenable to the request as it accomplishes the intentability C section 901.6.11. PDE requests approval to the Board of County Commissioners with the conditions provided available should you have any questions.

59:43Got some more questions for you. So uh so Chansey and three of onely a hen is a hundred point point five this is a delay, V C of point nine. And after the project it'll go it's supposed to increase 124.3 in a VC of oh much capacity. Um I believe hundred twenty or one hundred and four seconds is still F um wait. So it looks like you know there's some scheduled improvements for three hundred and T and three other talk about that but it already none of those improvements have been and again the app is not responsible for fixing problems at take time it's not coming there. So our already um You know, will this will this project

1:00:13still satisfy the practice use even if they aren't eventually funded?

1:00:16The V C V C ratio is above will be above the sector. The sector is programmed FDOT, but like you said, it's not a current fit. So I wouldn't again for version extra problem.

1:00:32It was already moving.

1:00:33William Bermillion reluctantly called from the shadows. So, yeah, what Mr. Pontlin said corrected we the LDC doesn't offer staff required mitigation of existing efficiencies of the robot like we see here particularly around around three hundred one. I think another thing to point out is the time for three hundred one is are completed by F DOT and its number one priority on the long-range transportation plan, which uh last time if the Planning Commissioner Oakley and Puty that was heard here tried across the street from

1:01:00When a project is number one on a great list, the county and f thought are very good at getting tigers to be able to secure the funding to implement that design. That's what PD is hoping happens here. Um roughly the project at its PM peak trip except two per two point five percent republic opacity of the network of the app, which is again why we wouldn't require mitigation of a project that's up that kind of capacity there. Interestingly enough, as as far as transportation is concerned, Crystal Springs right now is a uh is a substandard road for the county. Pop zone FUD to the south is improving. Bristol Springs up. Um

1:01:30actually if you go to the map it'd be easier if I if I point this out.

1:01:35Essentially the the cobblestone MPUD they've already begun improvements and construction plans of crystal springs working from south to north as they get to the first access point of Gagney. PDE and the Gagney MPUD to improve crystal springs from where cobblestone is off all the way to Chansey. However, in working with Mr. Couch and uh Miss Will Hide on this project, we have a fail-safe in place a fail-safe in case uh Um something was to go awry, Gagney didn't get funding, they weren't able to construct, they didn't get board approvals. This project

1:02:05acts as a nice fail safe for the county to get improvements to Crystal Springs Road to get residents out to Chansey, which capacity is fine.

1:02:13Did you say you needed a map, uh why you

1:02:16I was hoping to explain it with a map.

1:02:18Yeah, as can we get it up there?

1:02:20I'm throwing I'm throwing a lot of locational

1:02:23criteria out there at everybody. Right, it'd be helpful.

1:02:26Yeah, j just GIS, just mappers fine.

1:02:33Trying to help you out there, William. Yeah.

1:02:37I think I did pretty well without a map.

1:02:40Yeah.

1:02:41So we can see the uh that east west the the east-west bifurcating road which connects Crystal Springs to 301. That's the northernmost terminus of the cobblestone MPUD's obligation to construct Crystal Springs. So Gagney would be constructing north from there to Chansey and in the event Gagney is unable to construct for a multitude of different reasons. Chanzep acts as a nice fail-safe, and

1:03:12a a reason for that is a project of this size per the LDC would only be required to pay a proportional share, usually, which would be in the amount of $350,000. And what the county worked out with Barbara and Mr. Couch is in lieu of the proportional share. payment if Gagney is able to construct that they would do the mill and resurface work instead of the proportional share and county staff felt like that was a better outcome for the residents of the area instead of a proportional share going to the county and waiting on us to be able to get the funding together.

1:03:42Yeah. Yeah, I mean we like to see work actually done as opposed to just money being thrown around. Um Where you finished with that. Yes, sir. So while you're up there, the the multi use path and sidewalk, um, it looks like that multi use and sidewalk's not feasible, then they're just completely off the hook or do they still have to pay Doesn't look like they have to pay any mitig mitigation.

1:04:08Certainly. Uh the reason that we came up with that language is for the typical section for Crystal Springs, the multi-use path is on the west side of the road, and the sidewalk is on the eastern portion. I believe in the conditions, the sidewalk no matter what on their side is always going to be mandatory. But when we were doing the uh the discovery process and learned that it could be difficult for them to be constructive. on the other side of the road, the multi-use path, that that might not be feasible, which is the reason that we wrote the conditions

1:04:38that way, as well as the applicant having to acquire the right-of-way.

1:04:45Okay. So so that's correct. They if it's not feasible then they don't have to pay in to

1:04:52mitigate that or mitigate that in some other way.

1:04:54Uh for that portion, um they would still be required and in in the event that this road is complete, they would still be required to pay their proportional share um to the county, which would help us to then uh reimburse the construction either here or the the mobility zone mobility fee district as a whole.

1:05:12Um okay. It also mentions that um this will be working with the separate uh Chanzep, is that how you pronounce it? Chanzep M P O D that's nearby. To do some of these improvements. So um I mean, uh if that M P O D doesn't happen, are these still going to happen?

1:05:33Sure. Definitely. Yeah, we we have a great uh double fail safe here for the improvements to happen. Best case scenario for everybody is Gagney constructs the road, which includes the multi-use path, sidewalk, and then we get a proportional share from this development to go into fund other projects. Worst case scenario, the county ends up with mill and resurface of the road via this development and sidewalk construction on their side, as well as uh 10-foot multi-use path construction on the north side along Chansey, which

1:06:03takes you to the existing pedestrian uh facilities at Chansey and 301.

1:06:07Okay, so it doesn't hinge on the the other MPUD, which is what I was kind of concerned about. Okay. That's all I have.

1:06:17Anybody else? Yeah. Hey Mark.

1:06:25Barbara Woolhite, I will defer. Let's listen to public comment. Thank you.

1:06:28Okay, thank you, Barbara.

1:06:31The first individual I have signed up to speak is a Miss Laura Daffer. After that we have Miss Michaela Krause.

1:06:39Hello, my name is Laura Daffer and I live at [address removed]. But in actuality, I live in Crystal Springs. And I don't have very much to say today because I spoke last time and No. We felt I feel like my words fell on deaf ears. But I did. Take pictures yesterday. of this area. And so Patty,

1:07:10if you can bring up some of these pictures. This is Old Crystal Springs Road. This is what it looks like. Michael I can say yes already and I wish I had. Better. Tech tech technical skills. Uh huh. I actually took 30 pictures, starting with um the Crystal Springs um

1:07:36um area. The the the the park. Is

1:07:40that the same road there? Is that the same road?

1:07:43Yeah, that's the same that's the same road. That's Old Crystal Springs Road. That's what it looks like right now. Actually, today I couldn't even come on that road because it was closed for improvements. I will tell you the number of houses that are going up on that road It's not going to be enough. That Throat. I don't see how and I believe in miracles, but I just don't see how. The

1:08:13road can keep up with the houses that are already there. Yeah. Right. We've been in a drought. But we also have flooding. The two things can be true at the same time. So I'm asking you not to approve this um

1:08:38This amendment.

1:08:39I'm trying to understand what it what are you trying to show me with. Okay.

1:08:43What I'm trying to show you is how bad it already is right now. Like I say, I I got got them all on my computer. Just I just pictures of that rope.

1:08:55It's a road that's under construction.

1:08:56Yeah.

1:08:59Well then that finished. those houses will be able to come out onto Old Crystal Springs. The the traffic will be able to come out on Old Crystal Springs Road. If it's not really underwater. See how it's underwater right now?

1:09:15Well that's because they're under construction.

1:09:19Yeah, the storm drainage hasn't been completed yet on the

1:09:22They w they won't be able to leave it like that. They have to design I mean, just talking to engineers up here, they have to design roads that don't end up in that situation.

1:09:32I wish I could believe you. I believe I'm trying to believe you.

1:09:38be it once it's completed. I mean they haven't even finished the final green of the

1:09:40five.

1:09:47The road hasn't even been brought up to the gutter that is going to carry that water away when this is finished.

1:09:52But Mr. Mooney, where is the water going to go?

1:09:55It's It's going to go into stormwater. Treatment system. as required by Florida law.

1:10:06Because before they started work they there were big dishes on side that broke. You know, like I say, we're not working since nineteen sixty nine, okay? And two years ago we we had the water came up.

1:10:19I understand that.

1:10:23They have to allow for that and that's why we have engineers that design these developments. And you got a about four of them up here to answer a question. No. They do that work every day.

1:10:35So beach.

1:10:39So so maybe after meeting and explain to me why it looks like this what right now and then it's It's gonna be it's gonna be okay. You're telling me it's gonna be okay.

1:10:52All the pictures that we see here looks like it's under construction. Either being s widened or In this case brand new. The

1:11:00point the point that I was trying to make is it's under construction, but it's already There's already so many houses being built. That the ro it needs to be four language. Keep up with the houses that are already there.

1:11:17Jamie, do you have something to say?

1:11:21All right. Well thank you. Was there anybody else?

1:11:24The last individual for public comment signed up is Ms. Michaela Krauss.

1:11:32Okay, I need you to give your name and address again.

1:11:38Michaela Krause, [address removed]. I have sworn. Good afternoon, Planning Commissioners. I'm a resident here today to strongly urge you to deny this zoning amendment with Chan Zeb LLC. I find that the owner is inconsistent with the Pasco County Comprehensive Plan and Land Development Code. Under Pasco County Land Development Code, Chapter 300, Section 303.1, Factor B, Exhibit

1:12:08B, the conditions of approval. On your agenda packet, I find as a resident that it lacks the required owner's signature on page 15. Second.

1:12:19Hold hold hold hold. Can you slow down? Because I gotta get to this in my

1:12:26Somebody tell me what sheet in our package she's referring to.

1:12:31The acknowledgement. Ex exhibit B the conditions of approved.

1:12:39Why would they be acknowledging the conditions of approval if we haven't approved the conditions of approval yet? Okay? These are proposed conditions of approval. We might suggest that they get changed. The Board of County Commissioners may suggest that they get changed. They'll sign and acknowledge the conditions after they've been agreed upon by the body that approves the project. Okay? So that is not a reason to come up here and deny

1:13:09because you think they should have signed the conditions that are merely draft conditions at this point. You need to understand the process.

1:13:19Yes, sir.

1:13:23Second, severe access management and traffic safety hazards. The proposed access configuration fails to satisfy comprehensive plan chapter seven, objective trial one point two and policy trial one point two point two for access management standards as well as the LDC chapter.

1:13:44And that says what?

1:13:48You're claiming that it doesn't meet that standard. What does the standard say and why does this project not meet it?

1:13:53Yes. Um so it it installs for the county to make sure like the access management points are safe. Um and I do have more I can back that up.

1:14:06So again I'm gonna ask you, you're a registered professional engineer?

1:14:10I'm a concern.

1:14:11You're a traffic engineer? So how would you know whether or not the distance between access points is safe?

1:14:19I'll check down. Some of the maps we also have.

1:14:24that the applicant was dumb enough to come here today without bringing a traffic expert?

1:14:31I read them all. It was a big packet.

1:14:33Yeah. And do you think that expert's here and is gonna d refute everything you say?

1:14:38Well I'd I'd like I'd hope they would I'm just a concerned resident.

1:14:41No, you're what you're claiming is that this does is not consistent with that plan. There's a difference between being a concerned resident and coming up here and alleging that the proposal before us is inconsistent with the comprehensive plan. If you're gonna testify that it's inconsistent, you better have a reason.

1:14:58Yes.

1:14:58So what's the reason?

1:14:59Yes. Um

1:15:03So the speed so I also wanted to back that up with uh Land Development Code Chapter 900 Section 901.3. The proposed speed limit on this corridor is 45 miles per hour, but in actuality traffic flows much faster with vehicles and heavy tractor trailers frequently exceeding 90 miles an hour, adding high density.

1:15:27Do you have any proof of that?

1:15:29Yes, driving is a Paul Butchman, there's I four and then there's three oh one.

1:15:34How do you know they're exceeding ninety miles an hour?

1:15:38Are you gonna present me radar data or some kind of speed camera data that shows they're going ninety miles an hour? Or are you just speculating that?

1:15:49Yes. I am speculating that because

1:15:51I do not

1:15:51have I do not have radar data to

1:15:54speculation is an evidence.

1:15:57Yes. Um And I did Uh so this uh you know adding high density access at this location, it it does create extreme s site distance and collision risk. Um I did formally flag

1:16:12What site distance is required?

1:16:14The sight distance?

1:16:15Yes, the sight distance.

1:16:19You've read the D O T Green Book where the required sight distance is specified, correct?

1:16:25I do not have uh.

1:16:29So then you're speculating that the site distance is not met.

1:16:35Do you understand that one of the things that When they go to get a development approval, is that they have to demonstrate that they have proper site distance at their access point. You understand that that's in our land development code, they're required to prove that. They don't get a permit until they've demonstrated that.

1:16:56Which all happens after this body makes a decision, by the way. Why zone zoning.

1:17:02Well yeah

1:17:03go ahead.

1:17:17So this is just the one step this whole series of steps that people have to take to in order to use the property. So we appreciate your input, but we we're trying to educate you as to what's required.

1:17:30I understand that last time make

1:17:31to make these decisions.

1:17:33I understand that the last time we were in this room I told you and the group you were with that if you want to come here and claim something is inconsistent with the comprehensive plan, you needed to come here and tell me what policies or what land development code sections they're inconsistent with. But you cannot speculate as to whether or not they are consistent or inconsistent. Okay? And you have to understand the context in which those particular policies are written or those land development code regulations are written. Okay?

1:18:04You can't come up here if you're not a qualified expert, you come up here and talk to me about site diseases and stormwater drainage. You can't tell extra concern. Okay? Do you want to come up here and say this is going to cause flooding? Well you better have an analysis at.

1:18:20I know my time's up. This location on the Safe Streets Pasco map, 'cause there have been many fatalities here. Um And then I just wanted to, you know, say under floor statute section 163.3194, development orders must conform to the adopted comprehensive plan.

1:18:40Which is why we're here, determine that it's consistent with the comprehensive plan. Is there anything else?

1:18:49I've I've said this before m many times before this body, but I say it again for the benefit of the audience and and those that are coming up to say. This we are the body that weighs the rights of two different parties, the parties of the public that surround the property and the pro the rights of the property owner. And so it works just like that's why it's called a quasi-judicial hearing. It works just like it would in court. So if someone's on trial for murder and you have evidence to prove that they are guilty of that offense,

1:19:19you have to come up and present that direct evidence. You can't come up and speculate, come up and say, Well, they violated this statute and you say, Well, how did they violate it? And you say, Well, I I th I just think they did. So when when you start making allegations against someone else's rights, uh the right of the property owner, you have to have that qualified, competent evidence to to prove that. Still act as a citizen and and bring those bring the issues up and then we can hash that out. But Yeah. Again, if you're citing statutes, you're signing

1:19:49code, you need to have the better qualified evidence to present.

1:19:57Okay.

1:19:59All right. Was there anybody else on the list? No.

1:20:06Is there anybody here to speak that didn't have an opportunity?

1:20:09Ms. Hazel.

1:20:11No,

1:20:11I was just gonna point that Ms. Hazel when that's

1:20:20Yeah,

1:20:20no, I haven't seen this.

1:20:23She got the planning

1:20:24award.

1:20:24She can't talk today, she's gonna be sworn.

1:20:30Yes, I do. ENC A's with 3411009.

1:20:37So I think we've all noticed in the past that even with our roads being redone and rebuilt, they are still having problems. And this is just an observation from the citizen, But it's too bad this can't be a put on hold till that road is done first and has the amount of traffic that's gonna go on it today checked out because we've had a lot of problems. And then we can take a

1:21:07look at and say, well what needs to be done for this new project. So

1:21:13I don't necessarily disagree with you. But the legislature of this state did away with concurrency. All right, that's what used to happen.

1:21:22Oh well that's that's the other problem.

1:21:25And the elected representatives of the state decided we're not gonna do that

1:21:28anymore.

1:21:29And we're gonna have a pay as you go system. Yeah. Which is what we have.

1:21:33Well that's the other problem. And the problem

1:21:34is we don't collect a payment until the traffic's already on the road.

1:21:38I was kinda kind of asked that we change the way we do

1:21:42Well I I don't disagree with you but That's not something We

1:21:49can

1:21:50this board gets to decide. But You know, that's something to talk to our state senators and state legislators and our counties lobbyists and if

1:22:01you can get an appointment with them,

1:22:03right? I understand that.

1:22:06Okay. But I I I just need my two cents.

1:22:10That's why we have uh an intersection that's already exceeding these thresholds already before this development even comes online. This development has

1:22:18a uh A big misunderstanding about how How and when improvements to roadways get done. And they're all You know, I see all the comments out on Facebook. You know, we need to have all the roads first. Well, there was a system like that. That system doesn't exist. It's not Pasco County's fault that that system's gone. We didn't make it go away. State did.

1:22:44So what we need to do is when our let state representatives come to the legislative meeting we now all need to show up and say, Hey, can you do this and and

1:22:54right and that Yeah and then there's there was arguments against concurrency. Okay. Rancher A, who lives twenty miles from nowhere, Wants to build the next Sun City and he's got a widen Some little cow path state highway from twos to six lanes to accommodate his new son city, and Rancher B who lives next door sits around and laughs at Rancher A after he gets done paying a billion dollars to widen the road. He comes in and oh look. There's plenty of capacity on

1:23:24this road for money. Well then I don't have to pay a thing.

1:23:27The other problem which directly affects you to encourage development in the rural areas because that's where all the capacity was.

1:23:34Yeah.

1:23:35Yeah, that's probably even more important.

1:23:37Yes, and we need more rules and regulations written for the Northeast Royal Area Plan. And uh that was what I was gonna kinda speak about earlier and then I managed to get here later instead of earlier. But yes, I thank you for your indulgence.

1:23:55That's that's the nature of government, right? That's how the code book gets big. One rule requires another.

1:24:02All right, Nancy. Thank you very much.

1:24:06Okay. Harbor.

1:24:10Barbara Will Height, sixty three twenty six bullet imports for the applicants. Notes and you all addressed everything that came up. Um so I don't have anything to add. Jeremy Couch is here, our project engineer Can

1:24:23we just send you the bill for our time or

1:24:26yes. So we have I have our traffic engineer, Steve Henry, and Jeremy Couch, your project engineer, if you have any specific questions. Thank you.

1:24:35Okay. Any questions for Jeremy or you gonna have him off the hook? Yeah, I'll let him I'll let 'em go.

1:24:45Okay. I think we've gone through that one pretty thoroughly. Any uh further questions or concerns? If not, hear motion.

1:24:56Move to recommend approval of item PC eight.

1:24:59Second.

1:25:00Further discussion? Not all in favor, signify by saying aye. Aye. Opposed, like, sign. Okay.