PC10 Standard Bend CPA 2311 five-acre lots

54:59Mr Chair, now we'll present item PC ten, which will be presented by Ed Zodiac.

55:06Okay. Ed?

55:11Mr. Chairman, members of the Planning Commission, for this matter you're sitting as the LPA. The matter before you is CPA twenty-three eleven. It's a comprehensive plan amendment for standard bend LLC. Yeah. Excuse me, I'm sorry I should say the uh the proposal is to change the existing flu, which is AG agricultural, to AR agricultural rural on a tract of land that's 92.6

55:42acres, uh it is to help uh to develop eighteen five-acre lots. Well be single family, maybe five acres. The uh these lots will be served by Well inseptic

55:57The density works out to 0.2 units per gross acre, which complies with the AG excuse me, AGR flow. And this track is situated in the rural transition area, and that is consistent with the rural transition area as well. It's at the northwest corner, as you can see, of Johnson Road and Bellamy Rose. Boulevard, a rezoning and subdivision petition will follow this amendment.

56:29This is the aerial location for your education.

56:36The context map, as you can see, is a bit devoid of items because this is endemic with this area. There's not much there. In fact, the closest trail is two and a half miles to the south. And I've asked MPO and there are no plans for a trail in this area.

56:55A trail you said?

56:56Trail, okay. Yes, I apologize. This is the existing future land use map of your application.

57:04the proposed future land use.

57:09The zoning, uh currently as I said, they will ask for a rezoning petition after the amendment.

57:18It is consistent with the North Market Area. It does recognize the rural transition area and is consistent with the Comprehensive Plan Amendments. Your staff suggest uh recommends that the local planning agency find the proposed amendment consistent with the comprehensive plan and recommend approving to the uh Board of County Commissioners and I'll be delighted to answer any questions.

57:42All right. Do we have any questions from up here?

57:45Oh one other I I'm sorry. There were no objections from any of the internal uh reviews from our departments.

57:54Okay. Well let me I'll just state that I for the record that I did receive a call from a resident. Uh does have concern some concerns and questions. And uh so Um I'll register that with the Well Denise.

58:11Okay. I'll be delighted to respond to

58:13if they

58:13have any questions.

58:15All right. Thank you.

58:22Good afternoon, Mr. Chairman and members of the Planning Commission. I'm Cindy Terrapani. My address is [address removed] in Tarpon Springs, and I'm the authorized representative for the applicant who also is the property owner, Sander Ben LLC. And Ben Wilson is the owner of that Sander of that LLC. He owns it in Hole. Mr. Wilson is part of a longtime Pasco family. This is a family property. He actually renovated the original homestead on the property and there's a second house that will also be retained as part of this project.

58:53What we're requesting now, the plan categories, the change is solely a change in lot size. I just wanted to describe for you the intent in the plan cat in the comp plan of these two plan categories. The intent is exactly the same in both the AG that we are today, the agricultural and the agricultural role. And the intent is to maintain the agricultural character. and minimize infrastructure needs. We clearly totally intend to maintain the agricultural character of the property. Agricultural uses will

59:23continue to be allowed on the property. And we are minimizing any impacts on this public services. In fact there will be no extension of water and sewer. The county has made that very clear and we are perfectly happy with that to provide public private wells and private septic systems. There are no natural resources that will be impacting. We have like 0.3 acres of a wetlands. It's a very small wetland. It is a class 3. And with regard to the other public services, as your staff report reports, there is no impact on those

59:53services. There will be minimal impact on Bellamy Brothers because the change is really a change from a maximum of nine residential lots to eighteen lots. So it's a de minimis impact on Bellamy Brothers. Your staff report reports that Bellamy Brothers is operating at an acceptable capacity today, and there are no improvements planned for that road in the long-range transportation planning. Most importantly, we did have a pre-app meeting with Jeff Jenkins, the head of long-range planning, and one of his planners, Chris Lamache, in July

1:00:23of last year. And they saw this as consistent with the rural transition area in which we're located, as a trend that rural transition area is really serving as a transition between that State Road 52 very urban corridor that you're very familiar with and all those large lot mixed-use projects. Along 52 between 41 and Bellamy Brothers and actually extending to the interstate. And the rural area, which is to the east of this site, is to the east side of Bellamy Brothers. So they really saw that

1:00:53as consistent with the rural transition area. It's not suburban in any way, shape, or form with the size of the lots, with the uses that would be allowed on the property, and the lack of public water. and sewer to the site. So again, all private well and private septic.

1:01:13I think I've covered all of my points. Um I just say the other thing that of note is that from Bellamy Brothers Boulevard and the concept plan that we have, not finalized yet, of course, but the concept plan that we have uh we are um moving forward with at this point, there'd only be two lots on Bellamy Brothers Boulevard. So the view to the public from this would be very minimal. Um the applicant has already uh built a new road a new driveway to get from Bellamy Brothers to access the two lots better than he had previously. But

1:01:43again from Bellamy Brothers Boulevard the public will generally see those two lots, which is pretty consistent with there's an entire variety of lot sizes in the immediate area and in the surrounding area in this rural transition area. And again, our uses are continue to be agricultural and rural in nature. even with the plan category change, it simply is a change in the lot size. And um we certainly are available to answer any questions. My client is here as well should you have any questions for him. And I'll stop now and uh then uh hold

1:02:13my time for rebuttal if I could, Mr Chairman Mariano. Unless you have any questions for me of course.

1:02:18Okay, any questions for Cindy?

1:02:21That was gonna be my old question, was I saw an aerial that road was being constructed, so you just explained that.

1:02:26Yes, it runs basically through the middle of the property, it goes due west from Bellamy Brothers Boulevard. The new the new dri our new driveway. Because I and I should mention too, it's a little unclear in some of the maps, but Johnston Road only extends as a road and a right of way east of Bellamy Brothers Boulevard. It does not extend west along the ed south edge of my client's property.

1:02:49So there'll only be two residents on Bellamy Brothers.

1:02:52There will only be two lots at front on Bellamy Brothers. Well there'll be one on each side of the road and then going as you go in there will be more lots that use that that new driveway to serve as their access.

1:03:04Okay. Uh all right. Let's uh who do we have to speak on on or have questions about it?

1:03:11Uh we have Mr. Randolph Barthel.

1:03:25Good afternoon. Uh I'm Randolph Bartle. Um we're property owners owners directly.

1:03:32Oh uh [address removed]. Okay. We are property owners directly west of this and south of this. Uh I I believe

1:03:46in private property rights, but uh also kind of anti development. Pasco County has has put out a program I can't remember if I can get the the way it was placed way it was stated, but it the mint the uh idea was that in Pasco County you have Uh urban amenities and rural character. The problem is the rural character is shrinking really fast. Um

1:04:13And and uh just as a short list, in the last several years, we've lost large ranches, large pieces of property have been uh developed. Cannon Ranch, two rivers is being done uh developed, Starkey's is almost gone, McKendry and Croft property is just about gone, K Bar Ranch is almost gone, Kirkland Ranch is down to just maybe forty acres. There's not You know, development just seems to always be approved. No matter the size or the result or where

1:04:43it is, it just seems to be re approved. The one thing I would try to talk about is the the traffic. Um there's been a big meeting in Derby just recently about the problems with traffic on 581 because it's become a major corridor for people coming from Hernando County, Brooksville, straight through to Tampa to go down and hit the interstate and go to Tampa. Um and the time from uh 2017 until twenty two there were uh five

1:05:13fatalities on the road between the Hernando County Line and Highway fifty two. And I don't know what it is this year, but in twenty-three there were five fatalities on that same road in the last year. People do not worry about passing going uphill. Around curves. Oh it intersections. This entrance road looks really nice. Some of you don't understand. Okay, I'll hurry. The road

1:05:44that goes up is placed between two curves and if you look at it when you're entering there, and on the inside of the curve there's pine trees to the south and on the inside of the curve to the north there's an oak hammock. So when you come out to that main new entrance if people come flying around that curve and they do in a hurry, you can get caught just trying to get out on the road. Uh I guess, you know, I the other thing is that uh mister Wilson approached us

1:06:14about buying some more land. He wanted to get up to a hundred acres so he could get ten ten parcels of uh ten acres each, uh and we did not really want to sell him a piece of land just to add less he could add one more house. But we didn't know that he would have been trying to add two more because he stepped with the he stuck with the same ninety-two acres, which already has two houses on it, and a tree house that looks like the Swiss family Robinson built it, because it's really nice. But But uh I

1:06:44guess I I'm just opposed to the change in putting that many houses in right there. That's

1:06:50Okay. W what are you what would you propose?

1:06:53Well, it's already approved ten uh you know, ten acres to a house. That's that's already his situation. Mm-hmm. He's asking you to change it. Some of the people that lived in the area thought, oh that's really nice. He's gonna change from one acre to five acres. And we had to tell him no, he's trying to change from ten acres to five acres. And that kind of surprised a lot of people. They didn't quite understand what was going on.

1:07:16Okay. And

1:07:17that's questions

1:07:19for Mr. Barlow? Yeah.

1:07:22Okay.

1:07:23Okay, thank you.

1:07:25Anybody else? Yeah, if you want to come forward please, state your name and address.

1:07:32Mm-hmm.

1:07:39Good afternoon. My name is Daniel Radderman. Uh [address removed]. Uh I own the property directly across from the proposed site. Um I forgive me, I was not aware of the protocol. I did not get sworn in prior to Okay, we can swear

1:07:54you in right now.

1:07:55Do you swear affirm the testimony you're about to give is the truth I'll be back?

1:07:59Yes. So um I echo a lot of my neighbor uh Mr. Barthel's comments. But before I make any additional comments, I just wanted to add one thing. Uh uh Terra Pani planning strategies, they represent the applicant, is that correct?

1:08:15Yes. Yes.

1:08:17Yes. Okay. So uh I appreciate your all notice um because otherwise I wouldn't be here right now uh that this was taking place today. But I do question the tone of the notice that we received on this letter. On the second page it says if you are in opposition to the above stated application you will need competent, substantial evidence presented to support your opposition. To me, I it just blows my mind that the you know the applicant with that

1:08:47tone uh seems to suggest it puts the onus on us uh and the burden is on us to be prepared on how to present these meetings. Maybe this is typical language uh for an applicant because that is okay so

1:08:59it's it's legal language though.

1:09:02And and that's fine, but um to me They're asking for the exception from us. The language

1:09:07is provided to them by the county.

1:09:10Okay. All right. Well, so just to then um add to Mr. Barthel's comments, um there that is a sensitive wetland area directly across from the proposed property that we're talking about doubling the density on. I own that wetland area. It's across Bellamy Brothers. There was a diesel spill that took place back in, I think it was January of 23, maybe February of 23. I spent well north of five figures

1:09:40in environmental attorney's fees at my own expense to ensure that that was cleaned up properly. Just because in working with the county and the EP I didn't have a lot of confidence that my interests were being protected. And, you know, after certain developments, like Snow Cat Ridge, which my neighbors and I affectionately refer to as Wally World, how

1:10:11that ever got approved is beyond me and beyond The knowledge of my neighbors, just because that's completely out of character with a lifestyle that we think that we are here to preserve. Development's going to take place, we get that, but there is a plan in place that allows for the density, and that's what's been approved. If every investor or developer thinks that they can just, you know, appeal for an exception and double the density. intensity and change

1:10:41what's already been approved, we're just opening up the floodgates for more and more developments like this. Thank you.

1:10:48Okay, thank you for coming. Anyone else?

1:11:04Nancy Hayeswood, [address removed].

1:11:09And you've been torn.

1:11:10Yes, sir. I swore. Um so this is the transition area and um I would hope that they would keep and it sounds like they are density in back and low density in front, so that seems pretty good. I'm not sure about them increasing. and the size of the amount. I I've been on Bellamy Brothers

1:11:41quite often lately and you're taking your life in your own hands getting out there contrary to what they were saying. That road it needs something right now. You It's very dangerous and I'm hearing complaints all over the place from that section of Northeast Pasco. Uh so even putting any kind of extra on there and again that is um part of the Northeast Rural area plan

1:12:13I don't know. Um did y'all put the wrong district on your uh Agenda?

1:12:20Redistrict one.

1:12:22Should be district one, yeah. What's it say?

1:12:27Does it all say one?

1:12:30It it incorrectly states Commission District Five. We will make a correction and um make sure that when it gets to the Board of County Commissioners it has the correct

1:12:39about people that might have been here if they knew it was District One. But anyways, uh I like a lot of what she's saying and I like the little land use but

1:12:53This is what's going in there and it could be lower. It could be maybe five less or something just to keep it rural. And it's nice that she's gonna try to keep it AG two. That's you know, it's getting close to where we want to go with all this. Thank y'all.

1:13:13Thank you.

1:13:16Anyone else?

1:13:30Jen Kerouac, [address removed], um in the Pasco section. Um I just wanna reiterate and

1:13:42sworn.

1:13:45Thank you.

1:13:46She's sneaky, you gotta watch her.

1:13:51Um, you know, I just want to reiterate, you know, with regards to the um the district being inaccurate and would request as a result that you would um send this back for correction as a result of you know folks they look at this and to be honest I wasn't gonna come today and then I noticed that that was on there and I was like wait a minute I don't think that's my district I'm in district five

1:14:22um And so I noticed that and so I would just ask that you would take into consideration and ask for it to be sent back um and rescheduled as a result of it being um published inaccurately to the county and the residents of District One. Thank you.

1:14:38All right, thank you.

1:14:43Okay, same thing. Is that it? Anyone else?

1:14:47Okay. Mr. Chairman Mariano. Denise, um can you just confirm the number of units they could do at present?

1:14:56So the property I believe is ninety two acres, so at present they can do a total have a total of nine units at present with one dwelling per ten acres. Thank you. You're welcome.

1:15:12Thank you, Mr. Chairman. Again, Cindy Terrapani for the applicant, Sander Benn, and my client would like to make a few comments. I just want to respond to a couple things. The commissioner was correct. We used the exact language, notice language that's required by the county. Didn't alter that in any way, shape, or form except to add my name, phone number, and address. Secondly, as you all well know, the agenda publishing an incorrect commission district is not uh incorrect notice. The last two speakers were not even in the notice list and I went slightly over a thousand feet for that, so

1:15:42I don't think that that's really an issue. Or of course defer to your attorney about that, but it doesn't seem that that would be an issue. The real issue of this is that people still want that agricultural rural lifestyle. The 10 acres is just becoming a little too much for some people. Some folks like 40, 50, 60 acres or some more if they're in you know in the agricultural business per se. But many people just want a five-acre rural lifestyle, and that's what we're proposing to do. And as Mr. Williams pointed out, we can do nine units.

1:16:13today there's two units on the property today so we're only talking about a difference of between from nine to eighteen there's really already two so that's the difference we're talking about is um seven additional units The wetlands just one of the one of the speakers spoke about the wetlands. We had an evaluation done by qualified environmentalists. That the map is as you guys know the maps tend to be a little sometimes are a little off or not directly aligned. The wetland that's showing there is not on our property,

1:16:44so we would not have any impact on on that property. And then finally I've become aware recently that in this year's state budget. The intersection at Ayers, Ayers Heyman, whichever you want to call it, Ayers Heyman and Bellamy Brothers, it's less than a mile or so north of this site. Is being put in the budget for a roundabout at that intersection. Right now it just has a stop sign and a flashing light. I travel that all the time, going from Ayers to our property, which is further east on Heyman Road. So

1:17:14I think the roundabout. will definitely improve that. And finally I would say There was some comment about the curve in front of the property. We're not talking about a super elevated curve or a blind curve or any elevation change in that curve. Is there a small curve in front of the property? Yes, but I don't think it presents any sort of a real um traffic hazard, you know, for these homes or other homes within the property. Um I'd just like to let uh my client, Mr. Wilson, speak very quickly if I could. Good. Thank you.

1:17:43Okay.

1:17:51Ben Wilson, [address removed]. I also spent quite a bit of time at uh 17001 Bellamy Brothers Boulevard, which is this property. Um I redid the homestead there, um, which was a house when I bought it that was fallen down, but it was all hard of pine, so I restored it. Um the couple couple of points. I'm I bought this uh uh this property and uh and I'm preparing it. Is a family property. My

1:18:22son, who is 10 years old, is part of that plan. Obviously, I don't know that my son will have the same abilities or knowledge that I have, and it's part of the reason I'm going through this process today. A couple of clarifications. I've never met Mr. Barthel. I have met his brother. I have two neighbors that I can see from my property. One is Larry Barthel who's on the on my north side and the other is Philip Reinhardt who's on my other side. But I can literally

1:18:54Sort of see their houses the the property is uh basically about a quarter of a mile wide. Um and by the way that that road that curve you see that slight curve that's over a quarter of a mile. So I'm in the middle of that which uh the the driveway I built was where the you know the county told me to put the driveway. Um so that's why I put it there. Um but I wanted to make some And clear, he had made the comment that I tried to buy the property, and he implied that I was trying to buy that property for the purposes

1:19:24of exp extending this. At the time I was trying to buy that property, we were talking about trying to call this property the Hundred Acre Woods because my son is in love with uh Winnie the Pooh. And so I was trying to get an additional eight acres, so it qualified as a hundred acres. So it wasn't ad I didn't have any ulterior I'm just wanna make that clear. I had no ulterior motive for trying to do that and I didn't even talk to Mr Randy Barfell 'cause I didn't know I don't even know who he is. I do know he owns

1:19:54the property to my west and or I didn't know it was him, actually. Um I I guess it's one of his brothers or maybe or son Mark. One of their one of uh

1:20:11had approached us about working out with them to fix the fence lines uh that were in bad shape. The property was in really bad shape when I bought it. It was all overgrown, which obviously we worked really hard at. But uh I did it uh we worked together with them. Uh they Supplied the material and I paid for the labor to redo all the fences. So I I like I said I've never I've never met Mr. Barthol till till this Randy Barthol

1:20:41to this day. But my intention is not to create something that's not in line with the area. Five acres is a really nice place to be able to go and have uh you know have a course you can ha do what we do you can ride mini bikes um you can have a tree house my god what a what a novel concept you can have a treehouse on a piece of property um so that's just my reason for the what we're doing and hopefully you will consider this appropriately. Thank you.

1:21:11Any questions for uh Mr. Wilson? Yeah.

1:21:17Okay.

1:21:19Um I do have one question, Mr. Wilson. Is it is there any flexibility in terms of your eighteen units?

1:21:27Um I th the property if you saw the driveway works out that there's six five-acre lots on the on the right, six five acre, so there literally be six lots coming along the back, I think it would border his property. And then there are six lots on the other side, so roads kind of goes in the center. Those those uh two of those lots are already occupied by the existing homebrew and by one of the other houses. So I'm really only if you look at it, I'm only

1:21:57really adding sixteen lots. Two are already there. Um I don't think you know, I think that's fair, to be honest with you. I think it's a fair use of the property. It's consistent. I've met with several people in the community and they all f thought it was consistent. So I'm gonna say no for right now.

1:22:19Okay.

1:22:29Yeah, so yeah.

1:22:30Um

1:22:32This is a plan amendment and so yes we are asking for the five acre lots. It's entirely possible um once the mo s the lots are being marketed people could buy there might be some people that are interested in two five acre lots. We can't guarantee that but I just want to say that that you know we're we're asking for and we can lay it out with eighteen five acre lots that may not be the ultimate um you know, amount of development again, the difference is only nine blocks. We can do nine today. We're asking for nine more. That's

1:23:02the only difference. And and again, it's still agricultural. It's not going to a residential plan category. It's still agricultural. And all those agricultural uses will still be allowed. Our folks I know a lot of people are concerned, I've heard concerns previously, people are concerned about development. The new development's going to complain about the agricultural uses near them. That's not going to be an issue here because they're it's all it's agricultural uses on our site and on adjacent countries. Thank you, Mr. Chairman Mariano.

1:23:28Thank you.

1:23:29I don't think much time for

1:23:30D's

1:23:31sorry. Yes, go ahead.

1:23:34Oh okay.

1:23:38Uh no, not unless you're called up. Yeah, you just get one shot. Yeah. Otherwise we're gonna be going back and forth.

1:23:44I I just had a question about the zoning. Um would the lots be large enough for ad uses under the LDC with the sizes? Okay. Yes, they would be. Yes. Okay. And then does somebody have an actual copy of the notice that ran in the paper because I can't see what district is actually in the paper.

1:24:01Well that the the macro that we zoom in. The district is not shown in the notice, but I do have it here. Do you have the ad? Because it has a picture of the map. Oh the ad? Uh yeah the actual ad.

1:24:14Yeah, I'd like to know whether you're not going to be able to do that.

1:24:24Here's the notice from the And what was on the letters that you sent. If it was the correct address and parcel ID, those kind of things would matter.

1:24:32This is a pull just from the agenda to make

1:24:35the visual

1:24:36hands. See I can't see this, it's too small. This is the same problem having when I drill it up. Does anyone have the actual ad?

1:24:47But when you zoom in to try and see the uh the the district number and that's the map you can't read it.

1:24:57Which one is the one? Okay, did you get the answer?

1:25:02No, I just no one seems to be able to

1:25:04Patty is bringing it up for you. Just you know, unfortunately we have a very the computer is really slow as as was previously stated.

1:25:13Because I I have the agenda packet open, but once you're gonna read it, you can't read it. Okay.

1:25:18Ready to share it.

1:25:24This is the map that was included in that.

1:25:26Okay. Then that's that's correct then. Because that is the math that was printed in the paper. Correct. All right, I'm satisfied.

1:25:34So that's five or one. It's one. It it's one.

1:25:38It was printed as one. So just the memo is what was the air. And the agenda has the wrong number because it's taken from the memo. Right.

1:25:49Okay.

1:25:51Thank you.

1:25:54All right, so it's a pleasure.

1:26:02I wouldn't make a com is it Mr Radterman? Was that so just talking going back to what you were saying about providing competent evidence or you know that the that language you used, the reason we have to do that is this is a it's a quasi judicial hearing, so we can't deny someone's application just based on I don't think that this should be approved or I don't that's why we have to use that word is because we have to honor the rights of both sides of people, you know, both the landowner and the and the people obviously that that uh you know

1:26:32the la the people that own property.

1:26:34Okay then.

1:26:37So but I just wanted to clarify that that's the reason why that we ha we have to have a legal reason for denying an application or for modifying conditions of approval on the application. And that's that's why it's written that way.

1:26:50Well this is

1:26:51actually a legislative hearing.

1:26:55So um

1:26:59I'm a little betwixt in between on the thing.

1:27:02Well, I am too. I mean uh go ahead.

1:27:08Personally I'd like one of those five acre tracks.

1:27:12And I'm with Ms. Terra Panny. I can't afford the ten acre tract, but I could probably afford the five acre tract.

1:27:21That being said, when I look and I'm I'm hoping maybe maybe you can help me. Firm up Mike. My thoughts on the staff, can we see a zoomed out land use map? On this. I saw some AGR near the property, but everything that surrounds it is AG and this sorta creates an island into itself. But I wanted to see what is the likelihood that that

1:27:51fills in over time or

1:27:57Singapore Plains.

1:28:01Mr. Chairman Mariano. It's been terrible.

1:28:08But you want to see more of the county, right, Johns?

1:28:10I'm

1:28:10sorry. You want to see more of the county. You just don't want to be able to do that.

1:28:15You know, we see a thousand feet around the property, I want to see

1:28:28We need your pointer.

1:28:29Oh. Yeah.

1:28:31Here's one up here. There's

1:28:32a microphone.

1:28:35Synthesis. Synthes.

1:28:39Obviously I'm technically challenged. So if it's all right, is it all right with you if I stand here and speak this? Okay. So this is a um it has my scribbles on it, so I apologize for that. But just to c give you in context, here is um this is the site. Um this is the preserve um Uh conservation. This is a uh PD and an MPD project. Um uh and and it's at uh it was at one to five, it's I mean it wasn't one to ten, now it's also one to five, I believe, in the PD. This

1:29:09is uh one to five, this green color, all of this in here, including the site we're in, now is one to ten. So in the larger and then another Um t two sections or about two miles down you get to the State Road fifty two corridor and as you know those large projects along the fifty two corridor extend about some of them as mi much as four miles north from fifty two, just in sections. Um so it's you know, that's what uh I think Mr Jenkins was talking about is a transition between The very urban

1:29:39activity on fifty two, which we're not this rural transition area which is all the area we're in and then uh to the east of Bellamy Brothers Boulevard is the Northeast rural area. So there definitely is the Plan Care Curry we're requesting is in the vicinity of the site. It's not adjacent, that's uh that's true, but it is in the vicinity of the site.

1:30:03Mr. Chairman Mariano McTarnus Pasco's planning and economic growth. Um Pascoal Mapper is gonna be brought up to help answer Mr. Moody's question. Okay. Um So just a minute here.

1:30:18So what I'd like to illustrate on the overhead is the relationship of the rural transition area with the future land use categories that are existing within the rural transition area. AGR as a future land use exists within the RTA. That's the um reddish or pink uh flu. So if uh Patty If you can point to the one just to the north. There you go. That's AGR right there. And then if you toggle the flue layer off,

1:30:49you'll notice that it's within the RTA.

1:30:53And there's another uh AGR uh future land use that's also in RTA. Um all the way on the south end, close to 52 I think. Um the point that I'm making though is that the AGR future land use category is consistent with the rural transition area and the rural transition area is consistent with the AGR flow.

1:31:15Okay. Thank you, Terry.

1:31:28Yeah, I mean I f I feel like five five acres is still fitting within it's not like we're looking for development of

1:31:39Character of the area.

1:31:41That's my personal personal feeling about it. I would I would agree with Derek on that for this area. I appreciate the the owner's efforts to try to maintain that rural character up in that area. So I think, you know, five acres is I think that's a good use of this property.

1:31:59I don't I don't disagree with that statement, but I struggle with the fact that it's surrounded by all ten acres. Um Yeah, I've probably s I've been on D R C and Planning Commission probably longer than anybody except maybe John. And it it just opens the door and I I'm not saying in the future it might not be appropriate, but I just struggle with 'Cause the next person comes in and know you did it over there and You know, maybe that's okay,

1:32:29but I'm struggling with having an island of five acre lots in the middle of that.

1:32:42In my heart. Damit.

1:32:48No,

1:32:48I mean that

1:32:49I feel like Five acres. represents a rural transition. But I also feel like there's a lot of controversy right now. about what's going to happen what in the area that we call rural protection. Yeah. I just feel for now I'd be more inclined to hold the line. Until There have been more

1:33:21decisions made on what happens with the northeast rural protection area. I don't wanna start

1:33:29Biting into that, chewing into that. until those decisions are made. And I'm sure there's gonna be a lot of discussion and debate going forward. We've got a new comprehensive plan that needs to be adopted so For the moment I'd be a no on this proposal.

1:33:52Maybe.

1:33:55I don't know. I I it's everybody has different definitions of rural and and I mean we're we're consistent with the rural transition area. Everything I've heard today, I mean th this one per five acre one per five acres is consistent with this rural transition area. There's other areas where that's been established within the same area. We're not again we're not talking about the Northeast protection area. That's on the other side of Bellamy Brothers. Um so I mean they're they're maintaining and I appreciate they're maintaining the agricultural characteristics of the

1:34:25property and Yes, it's smaller than ten acres. Um but i again it it's consistent in my opinion with the comprehensive plan.

1:34:36Yeah. Yeah, I I think um one of the arguments we would always have to have is that it would have to be some have to be, as you said, a competent substantial argument to vote against it. And unfortunately it's in some people's cases it is consistent with the what what the plan is. So to vote against it would almost be voting against the plan and I'm not sure that would hold even hold up. Um

1:35:08my one of my concerns was the fact that I know in that area they have uh A lot of hunting and stuff like that going on. What I hate to see is I hate to see new people moving into an area. Then as soon as somebody shoots a gun off, they want to start complaining to everybody that oh I I moved here because it was supposed to be quiet and peaceful and I somebody's shooting a deer over there, you know, and so I mean I would say that at the

1:35:38very least if this is approved then When when it's approved, any any property that's sold in there, people should be required to be notified. You know, don't start complaining because there's people shooting or doing agricultural work or anything like that. Burning something or because you know, they've been there a long time the Bartle family and uh and uh they've done a lot to contribute to the community too

1:36:08and you know I think we need to respect their concerns. So um

1:36:17And I know I know Mr. Wilson on your background and uh I know you're an honorable man and I know you're you're doing it for the right reason. I actually I didn't even know it was your property. Uh but uh um I could see why um Larry, Bartle and them wouldn't mind being your neighbor. I I wouldn't mind being your neighbor. Um I think if you get to know Randy and his wife, y you'll find they're pretty nice people too. So um

1:36:48they even like me once in a while.

1:36:52I wouldn't

1:36:55I think. Sorry.

1:37:00Um just FYI I've actually given them permission to shoot the hogs on my property. So uh

1:37:09I'm okay with gunfire.

1:37:13Yeah. Um I uh on on the other side of that Larry Barthel, his brother, has his cattle and Brahma's on my property and and uses them for that. So he's asked me I don't hunt on the property because of because he doesn't want me shooting his he He's seen me shoot a BB gun, he knows how bad I am. Anyway, uh So I would I I am f fully c committed that I would a uh you know, I would add that to in you know conditions of

1:37:43the of of any deeds that I sold that the property is rural and and and would ha and

1:37:48Yeah, and always always be that way and don't complain about it, you know. Yeah.

1:37:53I would even

1:37:55I moved here from Ohio and you know and it was quiet and nobody was doing it and all of a sudden somebody shot off a gun.

1:38:02And and I'm I'm when my son gets a little older we're gonna shoot twenty twos out there, so I'm finding out.

1:38:10Do you need a rezoning? Does he need a rezoning? Yeah.

1:38:13There is no rezoning application at this time. So so there is

1:38:15but will he need one?

1:38:17There there would need to be one because right now in zoned A C, which is one per ten.

1:38:21And

1:38:21there's no conditioning of comp

1:38:23plan amendment.

1:38:24No, we're not gonna condition, but I'm just considering that before the rezoning actually occurs he could actually provide a deed restriction like that.

1:38:30Correct. Yeah, it wouldn't be part of this approval. Right.

1:38:36Have you expected myself?

1:38:41All right. I'll make a motion to approve uh PC 10.

1:38:48I will second it. Motion to second. Further discussion?

1:38:54All in favor? Signify by saying aye. Aye. Aye. Opposed? I guess we need a roll call.

1:39:03Mr. Jamie Girardi? Mr. Derek Pontletz? Aye. Mr. John Woody?

1:39:08No.

1:39:09Mr. Christopher Wolf? Mr. Chris Williams? No. And Chairman Charles Gray.

1:39:15All

1:39:15right.

1:39:17That is four eyes, two nays. Motion carries.

1:39:26Did you want your paper back?

1:39:30Even with this too.

1:39:33Thank you.

1:39:37Now if we can just get Ben to bring more of that NBR stuff or five acre lots, we'll be in good shape. I mean that's right.