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P49 J Mar Palms MPUD townhomes

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Published agenda

The county’s agenda for Board of County Commissioners, Mar 26, 2024

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Approved minutes

The county’s minutes for Board of County Commissioners, Mar 26, 2024

The published PDF, as served by the county. This item is one entry in it.

What was said

Transcript

Machine transcription of 31m of recording, with speaker names inferred from voice matching. 92% of 144 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

Read it in the meeting →
Kathryn Starkey

We have proof of publication again in the February 7, 2024 edition Tampe Times, supplemented by affidavit of certified mailings and site postings.

Planning and Development staff

Good afternoon, William Vermillion, Planning and Economic Growth. This is item P49, PEG 247734, the J. Mar Palms M Pud.

Here is its location map in the northwestern portion of the county along US nineteen, just south of County Line Road.

This rezoning is from MPD to MPUD. The previous MPUD is expired. It was to allow 499 RV spaces at the time. This new MPUD will be allowing for 250 platted townhomes on approximately 42.8 acres. And we'll have two access points on uh US nineteen and an emergency access there on Chrysler Lane to the north.

Here's that location map.

the existing zoning reflecting M PewD.

The existing future land use of Residential twenty four,

Here is a contextual map to show some other projects in the vicinity. You'll see the Heritage Pines, MPD, and DRI. Uh there to the north as well as U U S nineteen and County Line Road. Um Air Pika Heights and PewDiePie. and the Sun West Harbor town in PewDiePie. And to give you uh commissioners some context on the development within those MPUDs, the Heritage Pine, DRI was approved for uh 969 dwelling units and 45,000

square feet of non residential

Uh Heights M PD was approved for 235 single family detached and the Sunwest Harbor Town DRI. was approved for three hundred and fifty single family detached. 2150 multifamily dwelling units, 250,000 square feet of comm, 50,000 square feet of office, 250 hotel rooms, eighteen whole golf course and fifty slips uh on a marina.

Here's this project's master plan. As you can see here, those two accesses on US 19, as well as the emergency access there to the north on Chrysler. Uh the applicant is also going to be connecting Their internal sidewalks to those commercial outparcels that you see there with the numbers 21, 22, and 23 on them, as well as sidewalk connections to the existing sidewalk on US 19 that takes you north to County Line Road and to the 12-foot multi-use path that runs along County Line Road.

Here is the uh non binding conceptual plan and the applicant informed me that after meetings with conditioner cu commissioners they made changes to this um to allow for more parking within with within this MPUD for the townhomes and this is reflected here on this plan.

The applicant is requesting one variation from 9016011 that is to not provide interconnects to the east and east and the south, and that is due to the existing uh platted residential homes.

There was uh one additional change that happened to Planning Commission from the original proposal. We changed the language uh on the buffering for this MPD to reflect an opaque fence to uh to ensure the residents that this uh this fence would not be able to see through the applicant is also Giving an increased buffer a Uh above and beyond the LDC requirements to mitigate some of those concerns on the south and east from those residential lots. And with that that comes to you guys with the recommendation of approval with conditions

from Planning and Economic Growth as well as the Planning Commission. I'm available for any questions. Okay. Any

Jack Mariano

questions

Planning and Development staff

for staff?

Kathryn Starkey

I just have um one one comment I think. Um

It used to be that everyone did brick or masonry walls and now I know we're getting to these vinyl walls. Um My only issue with those is is that if you don't clean it or keep it maintained, they stop falling apart. And so I would want a condition in there that that it has to be Kept clean and Um I don't know what the right word is, but Doesn't do anyone any good when a wall is fallen

apart and has mold all over it 'cause I I see those around the county.

Okay. Because otherwise, I'm going to start going back to requiring masonry or brick walls.

Jack Mariano

In the condition.

Unidentified speakerVoice A

Mm-hmm.

Jack Mariano

We

Planning and Development staff

can put these in the conditions of approval. That's absolutely and uh the applicant is here and and can speak to the their consent on adding that condition. Okay.

Jack Mariano

Any other questions? Uh no that's it. Okay. All right. The applicant?

Cammy Corbett

Good afternoon, Cammy Corbett with the law firm of Hill Warden Henderson, 101 East Kennedy Boulevard, suite 3700, Tampa, Florida, and I have Ben Sorn. We do have a very brief presentation. William did a great job, so I don't want to be repetitive to his slides. The applicant is Meritage Homes. They're one of the fifth largest home builders in the United States. Their target market is really that first-time home buyer and first-time move up, so they're important in the market for our working families. And they are an industry leader in energy efficiency. They also have reviewed

many awards for customer service and they are ranked highly against, especially the Stampa Division, against national home builders in the area. Again, this is the subject property. You can see the future land uses in the surrounding area. This property is unusual. It is uh it has a future land use of res twenty-four and it is surrounded by res six, res six, res twelve, and res nine. And again, the project details are it's forty-two point eight acres, and we're asking for two hundred and fifty likely townhomes, but we

are asking for an option for villas as well.

And on the left is the existing site plan for the 499 RV units that were approved for this location. And on the right is our proposed plan, which takes the density down to about half of that. And we are offering fee simple single family ownership opportunities. This was our original plan that we filed and that we shared at our community meeting. We only showed a 20-foot offset buffer and no fencing whatsoever there. We had our dog park

located towards the north of the site, and then we had our neighborhood park in the central, and then at that time we only had uh 81 visitor parking spaces and a total of 105. After input both from the residents and commissioner meetings, we have made changes. We have increased that buffer to a 35-foot buffer and agreed to shade trees every 60 linear feet with shrubs and an outside fence. And the fence is a six-foot fence visual screen. We would be amenable

to conditions that require us to keep them clean. I think we already have a condition that the HOA has to maintain that, but if there's additional language that the commission would like to add, we certainly would be willing to entertain that. And then again, we've upped those parking visitor parking spaces to 125. And we are offering a total of 149 parking spaces now. These are elevations of the townhomes. We do have all of the conditions from your PM 26 memorandum, even though we were under review uh prior to the adoption

of that. We did agree to all of those conditions that implement PM 26. We do want to uh understand your vision and have heard your concerns loudly and clearly about things looking like barracks and not wanting that to condition to exist in your community. And again, comparing the prior approved to the proposed, we're going down from 499 RV spaces, and we're doing 250 single-family attached units. And again, going from 24 units the acre to just under 60 units the acre. And then we're

increasing the buffering and fencing requirements. And so overall, uh the feedback that we received at the community meeting, we did have people that were concerned, but we did receive a lot of feedback from people who are happy that we were not no longer having the R V spaces, that we were providing a more permanent living opportunity here on this site. Uh the neighborhood commercial to directing a budding us was very happy about the opportunity to have a thriving community located uh right by a behind them to help uh their businesses survive. And

in the end, uh we've been found consistent and compatible by uh your staff. Uh we we believe that we enhance the area and complement the existing residential development pattern in the surrounding area, full compliance with PM 26, and then we're providing those two access points onto US 19, and we have no wetlands onset. Right. Um and then we have the conditions that we have reviewed in our agreement with, and we are here to answer any questions you might have. We have our civil engineer, our environmental scientist, and our

planner, and our traffic engineer. So do you have any questions?

Jack Mariano

Okay. I want to say I do appreciate the meetings we had. You helped move that parking number up because as we've talked before about so many times you get these town home projects that just don't have enough and try to squeeze everybody in. So I appreciate that and um Any any questions from the community?

Kathryn Starkey

Well I just gonna say as everyone knows I wish they were rear loaded because I just don't think townhomes work well front loaded. Um can you go back to those pictures?

The elevations. So what are we doing as far as trees? And then when I look I s I see there's a magnolia there. Are we what kind of trees are we putting in in the front of the townhomes?

Cammy Corbett

I'm gonna ask Betsy Jolly, who's the pointer. Okay. For Meritage to answer that.

Unidentified speakerVoice B

Hi, I'm Betsy Jolly, Certified Planner, Ford Planning Manager for Meritage Homes Applicant. We're adopting all the standards of PM twenty six, including the tree requirements for townhomes. I think it's a shade tree in the front.

Kathryn Starkey

Okay, and the shade tree is not a crate myrtle.

Unidentified speakerVoice B

No, I think we took out the substitution language that was previously available and we're meeting the current uh staff approved condition.

Kathryn Starkey

And a a palm tree isn't a shade tree either. So what what are

C I'm just curious what we're putting in because I've been driving by And granted I may not have seen come to any of the new ones with the new restrictions yet. I'd like to see some so some someone will tell me where some of the new ones are. I'll show you a picture of one I went through at Oakley Groves the other day, but um It's under construction.

That's that site looks pretty heavily wooded and so Um I'm sure if you're taking out more trees than I was. You're putting back in your paying into the tree mitigation trust fund, which is kind of our typical deal.

Sorry.

Joe

Not the landscape architect, but the engineer. I will do my best. Yes, we'll be playing we'll be paying the five hundred dollars a unit for the tree mitigation fee on this one for sure.

Kathryn Starkey

Yeah. But um I really hope that in the spaces where you have um say in between the buildings or in any open spaces, and I'm guessing now that we're adding more parking spaces in, that's taken out some of the places where you could have put some trees back, but Mm-hmm. I for one It's it's hard to watch the all the trees go down. So I'm just gonna start asking For Putting in. you know, nice trees wherever you can back onto the property. Not crepe myrtles, not palm

trees, some some of our oak trees or magnolias or something that makes a tree canopy. Um would be great.

Joe

Fair enough, that makes sense. And also just to point out, we do have a lot of extra parking spaces on the site. Typically, we count the parking spaces in our park credits or in our park required park acreage. In this case, because that gets a little messy during the review, we actually took all the parking spaces out of the park acreage, which means we've preserved open green actual park space, and we're not trying to double dip and get sidewalks.

So we actually have a little bit more green space than you normally have for this many units, which will be places to plant trees.

Kathryn Starkey

And are you doing um single car driveways for single car garages?

Joe

Yeah. We'll be back to you in just a second.

Unidentified speakerVoice B

We are yes. 'Cause

Kathryn Starkey

I just have a thing against double car driveways for a single car garage. Yeah, yeah. Okay, great.

Kathryn Starkey

Excuse me, sir. Could you go ahead and just put your name on the record?

Joe

Yes. Uh Joe Simeno, W R A Engineering One Two Three Six Three, Hampton Park Drive, or Sorry, Hampton Park Boulevard, Tampa, Florida, three three six two four. Thank you.

Kathryn Starkey

And and it's good to see that these are not stucco top and bottom. They've got some Exterior.

Um Additions, enhancements, whatever.

Cammy Corbett

Commissioner Starkey if I could, condition fourteen deals with the shade trees. It doesn't specify which type of trees, but if you would like to exclude certain types of trees as additional language in this condition, we'd be happy to Yeah,

Kathryn Starkey

I I think we just really need to clarify that a crepe myrtle is not a shade tree.

Okay. Well I I see 'em all over. So um Yeah. All right.

Cammy Corbett

We're here to answer any other questions. Okay, thanks.

Jack Mariano

All right. Any other questions? Okay. This is a public hearing. Anyone else? Was any anyone from the public hearing to speak to P item P forty nine?

Kathryn Starkey

Doctor Marchiato is the first one signed up.

Kathryn Starkey

He sent us something.

Markiad

Good afternoon. Uh my name is Dr. Markiad. I am the retired Director of the Pasco County Health Department. and have always appreciated the county's support of public health. in Pasco County. But I'm here on a different matter. Uh I w I would like to say that uh we also spoke, and I represent the committee uh for the Highlands, so maybe I get my full five minutes, but

uh I I would say that uh we all sp several of us spoke at the zoning meeting. And uh you should also have on file our letter of objection. And also uh A uh concise copy of what I'm going to talk about at the moment, which shouldn't take too long. Uh We we basically feel uh and we do appreciate

that JMOR the owner by the way is Miller, not J.M.OR yet. I guess that's all in negotiation. But we we do appreciate the fact that the uh uh that JMAR has tried to accommodate some of these issues that we raised. Uh and we appreciated the zoning committee for taking our uh letter and uh applying some of those conditions that we requested. Uh but you gotta look at the big picture uh picture here. This is uh 250

units, multi-story, uh tearing down an entire forest uh where that will be gone when this uh uh project, if it is approved, we we still feel very strongly about denying this project. uh because the big picture is what it does to the character of our community. It just doesn't fit there. Okay. So we still feel the zoning should be denied. However, we

do appreciate uh that conditions, a number of conditions we recommended were addressed. So we're pleased with that and we fully support those conditions if it is in fact approved. Uh uh we're suggesting uh that if it is approved you might consider uh continuing it to be sure that the conditions that are requested, including some that I'll add uh or if you agree with

those additional conditions are fully met. Uh so you may want to consider continuing uh this request uh for the permit. Uh we appreciate the the the buffer zone, that was very important, and frankly the original designs had this community uh fence right up against the back of our property. So we really appreciate the zoning committee making that recommendation. Uh we we really feel uh

that With this buffer uh i there will be uh uh significant reduced impact on our community. But we are looking at shade trees at every sixty feet seems to be a little sparse. We would like to see it more heavily uh more heavily uh planted uh behind that fence. And we're looking at at least every 20 feet and get some decent shade and hide that fence.

But that's something you'll have to think about. The fence, in our opinion, and and I appreciate what Commissioner Starkey said. Plastic fences don't hold up and require a lot of maintenance. They also don't do anything for noise abatement. We recommended uh to the zoning board and we recommend again that that perimeter fence, except for the exits. be constructed in cinder block with stucker o overlay and should be eight feet high. To me that

would again uh work to minimizing the impact of this community uh on the highlands and on the highland properties abutting it. All right. So PVC, I give that a lot of thought. That really is not going to be uh a very adequate fencing. Now Chrysler War Road, which is their emergency exit.

Jack Mariano

We need to wrap it up? I'm sorry? I think we're past the three minutes.

Markiad

That That is unpaved and uh Commissioner Mariano knows what condition that road can get into. So if they're going to use that as an emergency exit, uh I I think fire and and rescue should take a hard look at that road to make sure it's in a condition that they can get in and out. Uh we recommend traffic studies during peak traffic hours. uh because when Murdin is the Pretty much the soul

to our community. And when we want to go south on nineteen, we have to go north on nineteen first, go over three lanes, make a U turn to go south on nineteen. And anybody that's familiar with that community understands that. Now uh that traffic can be very nasty and that crossover can be hazardous. You're adding a thousand family uh uh you're adding 250 f families with a potential of a thousand residents

that are again going to be accessing nineteen and adding to that traffic uh on nineteen and we know what nineteen is. Uh Wellwaters Wellwater serves Highland residents. It is important to fully understand the impact of this project on the aquifer, particularly their irrigation. Uh of great concern to community residents is the effect of this project on the rural character of our community. That concern cannot be emphasized enough. And that's really all I have to say. Is there any questions

for my comments? We

don't

further.

Jack Mariano

We don't do question and answer.

Markiad

I'm sorry?

Jack Mariano

We don't do question and answer on public comment. We don't do public Uh do question answer on public comment.

Markiad

So I'm done.

Jack Mariano

You're done.

Kathryn Starkey

Linda Bell.

Linda Bell

Hello, my name is Linda Bell. I'm a retired Pasco County school teacher. Um and thank you, Ms. Starkey. I heard about the fence. That was one of my my concerns. Your

Jack Mariano

your address, ma'am?

Linda Bell

Pardon? Your

Jack Mariano

address? Your your home

Linda Bell

address. Well I'm sorry. [address removed].

Kathryn Starkey

And you whether it's

Linda Bell

[address removed]

Unidentified speakerVoice A

Sword.

Linda Bell

Pardon?

Unidentified speakerVoice A

And whether or not you've been sworn. Have you been Do you

Kathryn Starkey

acknowledge that you were

Unidentified speakerVoice A

sworn?

Linda Bell

Oh yes. Thank you. Okay. Um One of my biggest concerns is of course the water. We're all on private wells, and I happen to see this article in the Wall Street Journal about this lagoon with 37 million gallons of water in Pasco County, the largest in the United States. And I just have a concern where the water is going to come from the new subdivision in back of us. We just had to

put in another well, $8,500. And I also talked to the one gentleman over there and he assured me the last time they were not gonna clear cut the trees. Well, I'd like to see that in writing. And Miss Starkey, thank you again for bringing up the tree situation. And as far as defense, yes, we also are worried about that, that there will be access to emergency bills and back. We've lived in that place, our five acres, for 50 years. And

we've had people that set fires in the back and we've had to have the fire trucks come back there. So we're very concerned that there's going to be access to emergency field vehicles in the back. So that's pretty much my concern, of course. And there's a family of foxes living back there. There's all kinds of animal life. We have a camera set up in the back, a kind of a sporting, and we saw see all the animals at night that walk

around back there, and that's our concern too. And one gentleman mentioned about property rights when we were here before. And I can agree with property rights. If you have agricultural land, why don't you have the right to keep it agricultural? You don't have to constantly make every single agricultural into residential. We really need some green on the ground and some blue in the sky. Oh I have one minute?

Jack Mariano

Yes.

Linda Bell

Okay, well that's about all. I I don't know that what we can do at this point. Of course we'd like to keep it Whoops. We'd like to keep it pristine like it is now, but we would appreciate any help you could give us as far as the water situation. I did not hear where the water is coming from. Where are they gonna get all that? Where did thirty-seven million gallons of water come for this uh this lagoon thing, fourteen acres? So Water

is my concern, sewage is my concern, and the animals and the trees are my concern. So thank you very much. Thank you.

Jack Mariano

Anyone else here to speak to this item?

Kathryn Starkey

Mr. Chairman Mari I've just been I believe there was an ex parte communication that needed to be made uh re accepted to the record uh from Dr. Yacht to staff. Is that correct?

Exactly.

Jack Mariano

Okay. Anyone else from the public want to speak to this item? Anyone WebEx?

Kathryn Starkey

Uh no sir, none no one on

Jack Mariano

Waterback. So we'll close public comment back to the applicant if you could address some of the concerns were brought up.

Cammy Corbett

Yes, sir. Cammy Corbett again for the record. I'd like to have Steve Henry come up and address the condition of Chrysler Road and its suitability as emergency access in its current condition.

Kathryn Starkey

And can you answer the water question real fast? I think I heard you're hooking up to the county. Yes. Yeah, so so it's not well w there won't be wells.

Jack Mariano

So w to be clear, water and sewer will be set up with Pasco County Attorney. Okay.

Henry

Good afternoon. Steve Henry Linkson Associates, 5023 West Laurel, Tampa, 33607, and I have been sworn. As far as the emergency access to Chrysler Road. So that is one is it's an emergency, so it'll be gated, so it uh other than emergency services. But the reality is, from a code standpoint, we don't need it. We have two accesses to US nineteen. So for this number of units, we'd only be required to have one access and one emergency access. We actually have two full accesses to your directional median openings to US nineteen. So the reality is if the

board decides that we don't need that access or don't or that because of the residents, we're happy taking that off. That was really a a request from staff to put that access on there as an emergency access. But again, it would be gated and used solely for emergency services. Thank you.

Cammy Corbett

I also heard some concerns about species and wildlife. Of course, we already have conditions in our PD that require us to do the requisite studies prior to any kind of construction development and to follow all state, uh, federal and local laws regarding that. There's a concern about two-story residences. Our maximum height here is 35 feet, just like the adjacent residential. They can build 35, two-story, 35 feet on their side as well. Um I did hear the request to move the trees to twenty feet apart instead

of the sixty feet apart. According to our civil engineer, that is too close, but if the board would like to consider having them 30 feet apart instead of 60 feet apart, that's something the applicant is willing to agree to. That'd be nice. Okay. And the condition 11 is the condition, open space and buffering condition that talks about having to have the fence maintained by an HOA or a CDD. And if there's anything else you'd like us to address, anyone on our team can do so. But otherwise, we just respectfully reiterate

that we are a significant reduction in density that's much more compatible with the area than what's already approved, and we would respectfully request. Mm.

Unidentified speakerVoice A

Mr. Chairman Mariano. County Attorney. Um so while that condition eleven references open space, it has no reference to the fence itself.

Cammy Corbett

It can be included.

Unidentified speakerVoice A

So yeah, so I was I was gonna recommend that it be added to Maybe we mu we modify both the linear feed in ten and add Uh developers' conditions, covenants. And restrictions shall provide for maintenance, repair, and replacement of the opaque fence, since the opaque fence is referenced in that condition.

Cammy Corbett

That would be more than acceptable to us.

Unidentified speakerVoice A

Okay.

Jack Mariano

To the board.

Kathryn Starkey

Um for me I I think the um emergency Gate is good. Um one day. The county will come in and fix Chrysler? Um so so that'll that'll take care of that because we're changing the way we main maintain the roads. Um And it is a significant reduction. Um I just wanna make sure that fence is maintained and that the trees as much as possible are put back in. So with that Um you know, this gentleman this property cannot stay ag, uh

coming from an ag family. Um you know, we tried it with our blueberry farm, but It's not profitable and you can't ask a person to do something that costs them money and And and this just does not

We do buy land.

Unidentified speakerVoice A

The zoning is actually M PUD. It just doesn't have a site plan approval.

Kathryn Starkey

Yeah, so I mean there so they were asking why can't it be AG?

Unidentified speakerVoice A

And it's Res twenty four as your

Kathryn Starkey

control. This is a da this is an improvement over what could have been there. That mobile home park had been there, there would have been no trees. Um But just making the comment on ag that 'cause we we hear it a lot. Um And whenever we can in the county we're buying the people's land who are willing to put a conservation easement or just sell it to the county. And just before this we did buy I think it was 381 acres, 341 acres. So um we do that with

our e-lamp money and thank you very much. That's from our Penny for Pasco. And um we'll buy up all we can. Um But uh This land is gonna get developed. And I I think this is a good plan. I just wish it was rear loaded. Um But for me uh I I will vote yes with the changes.

Jack Mariano

And I'm I'm happy to see that they're gonna move the trees to thirty feet. Actually that was the number I wrote down because I th thought would be too tight. Uh I'm happy to see that. Um This density, again, Res twenty four could have been a lot stronger, a lot worse. It is a big step down instead of twenty four units per acre, they're at six. That's a that's a pretty good step. And you're right on US nineteen, they're right on US nineteen. So I think between that and the buffer, it's it's probably the best situation you'd say you coming out here for development. Yeah.

Seth Weightman

Yeah, so I'll I'll second Commissioner Starkey's motion with since we're hooking the county water and sewer sewer, moving trees every thirty feet, and that the HOA or C D D is going to regularly maintain the fence.

Jack Mariano

Okay. So I have a motion of second. All in favor say aye. Aye. Aye.

Kathryn Starkey

It's not does not have to be roll call. No. Okay. Aye.

Jack Mariano

Okay. All right, motion pass three oh.

Kathryn Starkey

I do uh have some concerns about the property to the north of Chrysler. Um I'm always up here looking around on my iPad uh when when I'm looking at rezoning Um I'm not sure those businesses up there are legal and if these people are on wells and they're storing all these trucks up there Um I just want our staff to take a look and make sure that the properties And the businesses to the north of Chrysler have the proper zoning and approvals to be there.

Kathryn Starkey

Okay.

Kathryn Starkey

Don't want anyone with contaminated wells.