PC6 Kitty Campus University rezoning continuance

1:02:04let's go to P six to get that one out of the way.

1:02:06Okay.

1:02:11P6. P6 is PDD 217516 in the name of Kitty Campus University. It was for a change in zoning from an AR1 agricultural residential district to a C2 General Commercial District.

1:02:26Agenda memo to the Planning Commission members and also copy the clerk's office that the applicant has requested a continuance to a date uncertain on that item. I do have several emails to read into record, but um Perhaps and there was some emails also to receive and file that were sent to the clerk. And there may be some folks at the public comment kiosk as well. And I believe we do also have one person on WebEx on

1:02:56this item.

1:02:58Okay, do they want to speak now or do they want to save it in case we continue it?

1:03:06I the item wasn't advertised as a continuum, so I believe that we should allow folks to speak. Um but I

1:03:15Mm.

1:03:18Well, the general rule, Mr. Chair, is that if they speak now they would not speak That's a hearing where it's continued. Um but given the fact that it's being continued to a date on certain you know, I think you should hear from hear from them because it wasn't This was not noticed in any way as a continuance. It didn't appear on the agenda as a continuum, so I think you should hear from the public on this item.

1:03:43Okay. We just want to make sure we cleared that up before we did it.

1:03:49Okay.

1:03:50Should we start would should we start with the kiosks? Because I suspect that there may be some folks that are at the kiosk who have also asked for items to be read into record and that should probably take into their That should take we should take into consideration that three minutes that they're allowed.

1:04:05Sounds good.

1:04:07There's no one at the kiosk? Okay. All right, great. So that takes that out of the equation.

1:04:20So I will allow the applicant to explain why the applicant is requesting a continuance to a date uncertain. I do want to say that the uh comprehensive plan uh was denied by the Board of County Commissioners on Tuesday.

1:04:39Okay. So

1:04:39should we allow the applicant to answer that question or

1:04:42if the applicant's present, let's uh let's hear from the applicant.

1:04:48Sure, this is Far Well Height. We're asking for a continuance of the rezoning to a date certain um so that we can ask the board to reconsider the comp plan action. They kinda left things in limbo by just denying the com um and not making any suggestions. The property's currently res three and it's not appropriate to remain res three, so Um it really didn't by denying it, it doesn't really give the opportunity of any direction on how to proceed. They may have wanted a different use or a different

1:05:18zoning, um, but we so we're doing to see if we can get a little more direction and that's the reason why we're um Continuing. asking for this ke question is continuum.

1:05:29Okay. Any questions, Sarah Barbara? Yeah. Okay.

1:05:37So it's at the pleasure of the Planning Commission. Do you want me to read the items into record first or should we have Mr. Douglas Grant who's been granted a total of six minutes time who is on WebEx? Uh

1:05:50let's read the items in the record first.

1:05:52Okay. Thank you. The first item, and if you would please time me, three minutes. The first item is from Lisa Sloan at [address removed]. I'm opposed to any rezoning of the parcel at the corner of Meadowbrook and 54 that would change the land use from residential to heavy commercial. I stand in unity with my neighbors of Meadowbrook and Sierra Pines in opposing this rezoning for safety and quality of life reasons. I'm opposed to this change because of the safety concern from traffic changes. And the introduction of commercial traffic into this

1:06:22quiet residential neighborhood, which does not have sidewalks or street lights. throughout. I am opposed to the increase in noise, light, and chemical pollution this change would bring. I am opposed because unlike the newer neighborhoods across fifty-four, Bexley Ballantray and those on the parcel to the east of our neighborhood, all of which have major gas stations or will, there is no availability for a suit suitable physical land barrier buffer. There is no reasonable and prudent way to incorporate a gas station or other similar heavy heavy commercial building into the existing neighborhood. Such

1:06:52land uses need to be planned in advance in order to respect and protect the surrounding community. I respect I respect the difficulty. Decisions Pasco County Commissioners face when planning when plans are not made in advance. I urge you to respectfully consider the needs and wishes of your residents. If our county wishes to continue to promote itself as having open places viral P Open places, vibrant places, then we need to preserve some of the few remaining open spaces. Respectfully, Lisa Sloan.

1:07:22Okay.

1:07:30I did, I provided the address. She is at [address removed].

1:07:34Okay, thank you.

1:07:38The following person is Teresa Muzio, [address removed], Meadowbrook Estates. To whom it may concern regarding the proposed commercial development of the two parcels at the north entrance of Meadowbrook Estates, I'm opposed to this development. In addition to the negative impacts this development will have on the community with increased traffic, loud noise, contamination of groundwater because of spilled Gas. Everyone in the community relies on wells for our water, pollution, intersection flooding, etc. It will

1:08:08cause also cause safety issues for all of the community. Meadowbrook Estates only has one main road on and off Highway 54, which is Meadowbrook Drive. In the event of a medical emergency, medical personnel, as well as individuals in the community, need to be able to enter and exit the community quickly and easily having a direct path to the cloud. Hospital emergency, which is to the left. Allowing more traffic to enter and exit on Meadowbrook Drive intersection will cause a backup of traffic and make it impossible to quickly enter or exit onto Highway 54. I live in Meadowbrook

1:08:38Estates with my handicapped husband and an elderly mother. This safety issue is a risk I do not want to experience.

1:08:47If Pasco County approves this development, how will the safety issues going to be addressed. The community must be protected. Safety cannot be overlooked. Please make sure this issue is documented and addressed to the community satisfaction. Sincerely Teresa Muzio, [address removed].

1:09:07The following item is uh from Mr. Rick Morrissey, who is at [address removed]. This is a response to the Planning Commission meeting regarding Agenda 8, Kitty Campus University, change in zoning to C2. I request that a Pasco County representative read this letter to the Commission during that meeting. My name is Rick Morrissey and I live at [address removed], being approximately a quarter mile from the two lots under discussion. I strongly oppose the change in zoning to general commercial. I understand Kitty Campus purchased

1:09:37the property with the intent to convert to commercial. And ultimately will flip the property to a developer that builds gas stations. I understand that a business has a right to make a profit, but should this right to earn a profit come at the expense of the neighborhood homeowners? The change in zoning will have an adverse effect on our property values, the ability to access our homes at the entrance to our neighborhood, the water quality in our wells, and ultimately the quality of life in Meadowbrook. My question is: do we need a another gas station. We already have two in operation within a quarter mile of State Road 54

1:10:07in Meadowbrook. And the third being built in the new Cyprus development next door. The proposed would be a fourth. An additional question that needs to be addressed is where will the commercial intrusion into our neighborhood stop? If you are inclined to pass this zoning change, you have set a precedent in our neighborhood. What will be next? The lot next door or across the street or farther farther into our neighborhood? Will that stop another business from purchasing another lot? Reaching out to the Zoning Commission, Planning Commission to take similar steps. Unfortunately, us as homeowners and property taxpayers do not have

1:10:37the resources to hire attorneys to fight what is right. We rely on you, our county government, to do what is right for its citizens and homeowners. Where do you draw the line? I think we need to draw the line right here and vote against the intrusion of general commercial into our neighborhood. At last, in a previous meeting with our county commissioners, I heard the mention of Sierra Pines as an alternative access to our neighborhood. Government cannot mitigate the increased traffic that a gas station would bring by instructing Meadowbrook residents to use Sierra Pines Road as an alternative. Sierra Pines is located in Hillsborough County and is

1:11:07not maintained. This is unacceptable and not a viable alternative. Thank you for your time and consideration. The future of our homes and neighborhood are at stake at stake here.

1:11:18Apparently.

1:11:19Following item probably we'll not get to three minutes because it's very long. Uh Terry Grant, [address removed], but I will do my best. Um, dear commissioners, I believe this this that misinformation has been used to support Kitty Campus' application. My purpose is to address contradictory or imprecise statements expressed during the board's March 23rd meeting. The BCC says they must consider Kitty Campus's. Property rights, but that's invalid. The parcels were zoned AR1 when Kitty Campus purchased them. Kitty Campus seeks the

1:11:49land use changes for their economic advantage. Florida courts have held that the property owner creates its own hardship when they knew the zoning when buying the property. And then they call out Elwyn versus City of Miami, 113, Southern 2nd, 849, Florida District Court. O of approvals nineteen fifty-nine of appeal, sorry. We know that Kitty Campus entered a contract to sell the property to a fuel station developer. Pasco staff say that the county is supposed to apply the principle of highest use when the applicant fails to specify a land use, as is the case with

1:12:20Kitty Campus and that a gasoline station is the highest use at their lots. Therefore the BCC and Planning Commission should assume that a gas station will be constructed at the two lots. Of the two lots is not at the intersection, so cannot benefit by being classified as located at the signalized intersection of a highway and collector road. Kitty Campus has not provided results of any studies that match the it circumstances of a fuel station built at a narrow local road within an already established neighborhood whose homeowners depend on groundwater. No matter it's obvious

1:12:50that traffic will increase substantially and nearby home values will decrease. When a fuel station is built on vacant lots next to residences. Few people seek to live next to a significant source of pollution when a home is served by well water. The board only acknowledges two homes next to the lots, but there are six homes next door. A board member showed aerials that purportedly illustrated situations like the applicant's proposal, but they were dissimilar. One aerial was said to be an operating operating gas station, but it is abandoned. There are no signalized intersections on State Route 54 with

1:13:20a fuel station and homes immediately adjoining the fuel station. But even if the applicant can demonstrate that a fuel station, a pollution source, was constructed in an established neighborhood that depends on groundwater, then a prior injustice doesn't justify another. The board did not acknowledge the critical groundwater quality issue. And when the board summarized our complaints, they categorize them as perceived, not reality, insinuating that our Concerns are not legitimate. But in a profound contradiction, the board member relied on their own false perception, declaring that Meadowbrook Estates has very wide streets. We

1:13:50assure that the streets in Meadowbrook Estates and Sierra Pines that are not are they are narrow. narrower than any nearby neighborhood. The board and applicant rely on the board The country place development in McDonald's as a precedent, but it's completely different. Country place is further from 54 and their entrance road is much wider. Commercial precedent that that development preceded the McDonald's. At a gas station typically draws greater traffic volume and a McDonald's doesn't cost groundwater pollution. The applicant falsely asserted

1:14:20that there are no other commercial uses at the signalized intersection. in a t in an attempt to justify their own proposed commercial use. The northeast corner is occupied by commercial offices. We hope that the BCC supports the entire Meadowbrook Estates community, just one business. That was the entire letter.

1:14:37Yeah.

1:14:39Okay. Is that the last one?

1:14:42The next one and last one is Lynn Morrissey, [address removed] Rain it's [address removed], but it seems like there's a typo there, uh [address removed]. This is in response to the Planning Commission meeting regarding the agenda item eight, Kitty Campus University Inc. Change in zoning from AR1 to C2 General Commercial. I request that a Pasco County representative read this letter into the Planning Commission during the meeting. My name is Lynn Morrissey. I reside at [address removed] [address removed], being approximately twelve hundred feet from the from the two

1:15:13lots under discussion. I strongly oppose the change in zoning to C two. Meadowbrook Estates is a residence. Residential neighborhood with the only entrance and exit off of Meadowbrook Drive. Until a few years ago, it was only two lanes. With the widening of State Road 54, a traffic traffic light was added with a small turn lane squeezed in. Any commercial enterprise on the two lots discussed would have to exit onto Meadowbrook Drive. Our residential road does not have the ability to handle the high traffic that C2 zoning will bring. Again, this is the only entrance and exit to our Neighborhood. In addition, we

1:15:43do not have the buffers or setbacks as other neighborhoods in the area, Ballantry or Bexley, to name a few. These newer neighborhoods were designed with commercial in mind, having a four-lane entrance with medians as well as buffers of lakes, ponds between the commercial properties and the residential homes. Meadowbrook is a beautiful older neighborhood with the without those buffers. The suggestion that a six-foot fence would be sufficient to buffer the 24-hour gas. From the homes next door or across the street is not believable. A gas station operates twenty-four hours a day, seven days a week, three hundred and sixty-five days a year. The

1:16:13traffic, the noise, the light pollution would be intolerable to our homes in close proximity. It is my understanding that these lots will ultimately be used for a gas station. Please recognize that we have two other gas stations within a half mile of our neighborhood, and I see another sign advertising another to be built. Why do we need a saturated?

1:16:32I also understand the owners of Meadowbrook are on well water with no access to public water. I fear that any C2 commercial development would jeopardize our water quality. That must be taken into consideration. My well is within twelve hundred feet of these lots, and I do not want to see our water quality at risk. I am not against progress and for a business to make a profit. Why C2 zoning? Why not zoning that conforms to the neighborhood? Office condos, professional office, commercial. Commercial that does not operate twenty four hours a day, seven days a week. Commercial that does not involve high traffic, in ground gas tanks, chem chemical

1:17:02solvents, et cetera. Again, I strongly oppose to the change in zoning. Your decision today has a lasting effect on our homes. Thank you for thank you for your time. And that was the last letter to be read into record.

1:17:13All right. Thank you very much.

1:17:16We do have Mr. Grant on WebEx.

1:17:22Yes, I'm here. Uh this is Douglas Grant of [address removed]. In [address removed]. Thank you for the opportunity to speak. But Frankly, I was told by Pasco's staff That it's unnecessary because the Board of County Commissioners did not approve the Kitty Campus request. To amend the com plan. I I certainly understand Kitty Campus certainly has the right to seek clarification for their rejection. But it was clear to those Opposing

1:17:53the kitty campus request and attending the meeting. That the BCC rejected the request based on the numerous objections from the Meadowbrook Estate citizens. Including because the kitty campus land is two lots, not one as it would represent to be. Southern of the two lots protrudes into the community. Because it concerns groundwater impacts and many, many other reasons that you Apparently heard. Just now. for because the

1:18:23BCC did not approve the kitty campus request Many of us who were prepared to give a presentation today were told it was unnecessary. So unfortunately I don't have my presentation Presentation. Uh So I I I could still uh Speak, continue to speak, but we were told that the BCC rejected the Kitty Campus request and it was no longer necessary to present today.

1:18:54All right.

1:19:01continues to seek an opportunity to Uh uh for a comp plan amendment and rezoning, then I would certainly request that I have an opportunity to Address and oppose their request in the future.

1:19:16Yeah, I think we've already established that you'd have a chance to speak again if it came up again.

1:19:21Thank you very much. I appreciate it.

1:19:23Okay. Thank you very much for coming.

1:19:29All right. Mr.

1:19:29Chair, I'm just gonna check to see if uh we do had two other folks signed up for this item. Just wanna make sure that whether or not they're on here. Uh Fidnyel Gillarte, uh who may be on as Mark Guillarte, and Lisa Stone.

1:19:48And I'm being told they're not on WebEx. So that was that's what we have for this item in terms of reading into record and public comment.

1:19:57Okay.

1:19:59So um we have a re request for continuance. Um I guess the staff has no objection.

1:20:07We have no objection to the request for continuance to a date uncertain.

1:20:11Okay.

1:20:13What whatever may happen in the future, the applicant will have to repost, renotice, go through that process again.

1:20:20Okay. Um All right. So do we have a motion to approve the uh staff recommendation for Continuance.

1:20:32Jamie Girardi, so moved.

1:20:37Chris

1:20:37Poole, second. Okay, so we have a motion and a second. Any further discussion of the motion? All in favor, signify by saying aye. Opposed, nay. Aye. Okay. Motion carries.