P10 Land Development Code Amendment 67

2:02:54Okay, so if my colleagues can please bring up the PowerPoint for item P ten.

2:03:00Yeah.

2:03:02All right. So item P10 is, as you've seen me present before, is the package amendments for, in this case, 2023. Believe it or not, it is amendment 67 to the Land Development Code, which means that 67 amendments since we adopted the restated land development code. in uh 2000, well it was adopted in 2011, became effective in 2012. So um amendment 67 and this is

2:03:33PDD 240088. So these proposed amendments were presented to the horizontal round table and interested parties meeting on October eighteenth, twenty twenty-three. I'm gonna try as best as I can to go through each and every one of them. So the first uh modification is Chapter 100 General Provision, Section 108.2. This is adding section G, which is in the enforcement section. Failing to comply with a recorded

2:04:03deed restriction that was utilized to secure a county development approval or county mobility fee exemption, waiver, that should say waiver, not waive, waiver or reduction. Um so that's something that we're adding. Um as you've seen throughout the time you've approved a lot of voluntarily agreed upon deed restrictions. We need to have a a main uh a um uh enforcement mechanism. Next uh section is Chapter 300 Procedure, Sections Section 305, Neighborhood Meeting. It clarifies when the neighborhood meeting should be conducted. It should be conducted after

2:04:33the application is deemed complete for content, not after the application is accepted for a review. So a Sala accepts an application for a review. Someone will I I had the situation this year that someone conducted a neighborhood meeting, what was shown at the neighborhood meeting was completely different than what was accepted after content was complete. So we want to make sure make sure that that's clarified in our LDC. So the next section is Chapter 400

2:05:03permit types and applications, 403.7 B4D, mass grading submittal information. There's a Scrivener's error there, should be 200 feet, not 20 feet.

2:05:12How do we know that's a Scrivener's error?

2:05:14I had the actual technical team take a look at that and state that it should have been 200 feet, and we looked at other sections of the other write-ups of the old land development code. compared it to the pre-two thousand and twelve and it says two hundred feet, not twenty feet. So it's a mistake. Uh chapter the next section is Chapter 400 Permit Types and Applications, Section 403.10 Landscape Plan. This basically adds a the effective final determination of denial.

2:05:44So if the the planning The uh Planning Commission denies a this is in a s in a wrong section actually.

2:05:53I apologize for that. I apologize. The one thing doesn't um Go with the other. It's actually 407.2e variance's effective final determination. So this is something that actually happened at the Planning Commission. As you saw, variance came through, was denied by the Planning Commission, the person reapplied for the same variance and came to the Planning Commission maybe like two months after. So basically, this follows the same process that the special exception section follows. That if a special exception gets denied by the planning commission, Commission, a the same

2:06:23special exception cannot be applied for within a year, a different special exception with s within six months. So we're changing the the LDC to clarify that that it's very s following that similar path. The same thing with alternative standards. So if the Planning Commission apply uh denies an alternative standard, then the same alternative standard for the same property cannot be applied for for a period of 12 months, a different alternative standard for six months. And I apologize that there's uh that

2:06:53mistake in the PowerPoint. The next section is uh Chapter 500, 520, 522.5 A, EC MPUD purpose and intent. There's a scrivener's error there that basically says that it's the emergency communications division future land use classification. Well it's the EC Employment Center future land use classification. Following section is section five hundred, um, five twenty-two point nine E three F two A V for

2:07:24C C M P U D. You're gonna see this change throughout in many sections, which is basically well this one um this one is a is a true uh scrivener's error. Uh the fire rescue is not a division, it's a department, so we just changed it to fire rescue department. This next one is the one that you're gonna see repeatedly throughout. Um, one of our uh county attorneys or senior count senior assistant county attorneys in our county attorney's office is making some modifications to the code of ordinances having to do with fire marshal.

2:07:54So he's asked me so that they match. So what the code what's gonna be stated in the code of ordinances and in the land development code match. So you're gonna see. uh replacement of fire marshal capitalized to county fire marshal um in small small case and you'll see that throughout that's uh in these two it's 500 um section 500 5229j2b in street design and in 522.9 R4I on on-site parking Next one is Chapter 600 Overlay and

2:08:25Special Districts. This is the Northeast Rural Protection Overlay District. The changes to the fire department access road to all fire department access roads.

2:08:37Following change is Chapter 800, Natural and Cultural Resource Protection, Section 805.4A, impacts to wetland mitigation, and 805.6 restrictions on post-development wetland and upland buffers within residential lots and non-residential parcels. So throughout, there's kind of like some scriveners. So the word post, it's post-development, that's what we're adding. And then actually the true meet is adding that for developments that are not required to plat the post-development category one wetland and upland buffer within

2:09:07the non-residential parcel shall be conveyed by the applicant as a conservation easement. And I'm being told by my colleagues that that's something that we're seeing a lot of alternative standards. standard or v are wait or um Uh not um not waivers, um variations to the code on and this will you know codify uh the current practice and this is actually also in your conservation element of the comprehensive plan. Chapter 900 Development Standards Section 901.2E, Transportation Corridor Management, Density and Intensity

2:09:37and Development. This is an unintended consequence from Land Development Code Amendment 45. When we removed the dedication waiver, some of those numbers got switched up, so we fixed the numbering in that section. Chapter 900, Development Standards, Section 901.6 D2, street design and dedication. This is another one we're replacing fire marshal with county fire marshal. Um Chapter 900, Development Standards, 904.3 C Fire Protection. It replaces County Fire Marshal with Haskell

2:10:07County Fire Marshal with County Fire Marshal, and it adds County to Fire Rescue Department. Same similar thing in Chapter 900, 907.1 D6 on-site parking, loading, stacking, and lighting.

2:10:24Following section is um very similar to what I was talking about in the neighborhood meeting section, uh which is this one is in 1002.14 wireless communications facilities facilities. It changes time applications. From the time application is received to when time when the application is deemed complete for review for time frames. And it also modifies 1002.14A and B to 1002.14B and C. This is a Scrivener's error when

2:10:54we made changes to the Pasco County Code of Ordinances. in uh 2017 or so, um that should have been moved over. Next item is Chapter 100, Miscellaneous Structured Regulations, Section 101003.3, gates, fences, and walls, residential requirements. Clarifies that the four-foot maximum fence height in front yard applies to corner and double frontage lots. This came as a result of a code enforcement item at the court level, and we are required to

2:11:24change that. Or make that clarification, sorry. Chapter 1300 Concurrency Mobility and Impact Fees Section 1302.2 F2K. It actually adds full-time as a qualifier because this is basically how you determine small business. We wanted to make sure that they weren't that you were it was not counting the uh just the uh part the part-time employees because it might it might have um pushed them over the the limit. All right, next section. I think we're getting to the end

2:11:54here.

2:11:57Chapter 1300, Concurrency Mobility and Impact Fees, 1302.2, F2E, Mobility Fees, Calculation of Mobility Fees and Administration. It adds noneligibility for the affordable housing rate if the project has invoked the Live Local zoning preemption or property tax exemption in the Live Local Act. Um Also adds 2F for moderate income affordable housing rate, which is equivalent to the TOD rate, and adds non-eligibility for affordable housing rate of the proposed project has invoked the land use zoning preemption or property tax exemption

2:12:27in the Live Local Act. It also removes

2:12:33Right, that's it. Okay.

2:12:35Denise, can I just make one comment? You've you got a grammar issue and And it this affects all of the ones where you added the

2:12:42Okay.

2:12:43Non profit language. Okay. I don't know how to call it but it there's a line th I'll start with it says an an applicable federal state and local income and expense criteria for affordable housing. He says and must be constructed by a registered nonprofit. I think you're mentioning the word and before B. And be sold or at least to a

2:13:06Okay. So I'm gonna start where it would because this affects several sections. Right. So let's start at thirteen oh two point two, right? Yeah, it's

2:13:14it's it's so if you start with thirteen oh two point two F

2:13:18Okay.

2:13:19Two F.

2:13:20Yes.

2:13:22There's And this is a very long paragraph, so um But I'm starting with the language that says um

2:13:37I don't even worry anymore, Mr. But I uh

2:13:41Um Do you see the language that says in applicable federal, state and local income and expense criteria? Do you see that?

2:13:50Yes, uh foregoing definition and applicable federal, state and local income and expense criteria for housing.

2:13:57Okay, I think that should be a comma after housing.

2:14:00Okay.

2:14:02Strike the word and

2:14:04then we're going to do that.

2:14:05Then must be constructed by a registered nonprofit, comma, and then add the word and before B.

2:14:10Okay.

2:14:13Okay.

2:14:16Yes, I need to make that same change. Everywhere

2:14:18we have that same language.

2:14:19Exactly. So to um thirteen oh two point Three, thirteen oh two point four, thirteen oh two point five, thirteen oh two point six, and then the subsections or that change would be required. Okay. We'll do.

2:14:35So noted.

2:14:41And then I I lumped all these together because they're all basically the same. So this is uh modifying um 1302.3 C5 School Impact Fees Imposition Exemptions. 1302.4 C three Parks and Recreation Impact Fees Imposition. Section 1303 1302.5 C5 Librar Library Impact Fees Imposition Exemptions. 1302.6 C6 Fire Combat and Rescue Services Fees Imposition. On all of these, we're adding or partial exemptions. It adds affordable. Housing

2:15:12um exemption, no school impact fee or the other impact fee are due if the unit's affordable to a house to a family with a median income that does not exceed 80% of the median income, so on and so forth, as you could read through the paragraph and making the changes that David um uh stated, which is to add a comma after the word housing, remove the and before the word. Word must and then add a comma af before the word be the words be sold or after the the comma

2:15:42on nonprofit.

2:15:45And um

2:15:49We are asking that you find the proposed ordinance amendment consistent with the Pasco Comprehensive Plan and recommend approval to the Board of County Commissioners. This is scheduled for the Board of County Commissioners. First reading will be on 125 of 23 at 130 in Newport Ritchie. And the adoption is scheduled for January 9th, 24, 130 in Dade City.

2:16:09So Denise. I think you may have missed one change in your summary.

2:16:13Okay.

2:16:14Um Unless I just missed it. Quickly. But this also clarifies the The T you don't get the T O D or T and D rate in mobility fees. If you invoke Live Local.

2:16:28Right, that's c that's correct.

2:16:29I just d I don't know if that was any.

2:16:30I did, I did say that.

2:16:32Okay, all right, then I missed it. Sorry, I missed it.

2:16:35Well the T O D, so is there a so the T the T O T N D one. T N D. Okay. I didn't say that part. T N D um if invoke the vocal. I didn't give it to you.

2:16:48Only a one sausage meeting? Yeah.

2:16:52Just getting fired up on the ordinance day, but

2:16:56All right, so any questions?

2:16:58Yes.

2:16:59Okay.

2:17:00Okay, so

2:17:03The one that concerns me most has to do with the limitation on variances and believe it or not, being the ringleader for that particular case, but the variances and alt standards.

2:17:14Okay.

2:17:15So I absolutely understand why this is being proposed. Yes. And in fact I think I remember during that case asking why we're going to be able to do that denied, right?

2:17:28Why are we going to be able to do that?

2:17:30I mean then next thing we knew we did show back up.

2:17:33Yes.

2:17:35I get that and I think it's traditional throughout my career I've seen all kinds of counties and municipalities that have this limitation on applying for a variance for you know, this blackout period of twelve months or so. So that's not out of the norm. My concern though is

2:17:56If we look back at his case. He had a five foot encroachment into the front setback and at one point we were talking about Well can he cut the front of five feet of the front of the house off? and make it work. We didn't think we could and that guy didn't think he could, but What if he were to come back? And said, you know, I think that's a good thing. I can't cut five feet off of the house, but I can cut four and a half feet off of the house and make this work.

2:18:26Can I have a six inch setback variance instead of a five foot variance from the

2:18:32So wouldn't that be a different type of variance?

2:18:34But I think it says any variance on the

2:18:37That would be a six month prohibition as a six month prohibition. So Typically though that if s if the way this normally works is A planning commission says hey, have you thought about a lesser variance, typically the applicant asks for continuance. go investigate whether they can do it, This doesn't stop that process. So most applicants can avoid what you're talking about and we often encourage them and in fact sometimes the

2:19:07German says, We're either gonna continue this or you risk a denial. I mean so So So most applicants that know what they're doing not saying he didn't, but but but I'm just saying The Barbara Wilheites of the World and the Clark Hobbies of the World would say I would like a continuance so that I can investigate whether I can do four feet or seven feet or whatever and then it comes back on a future agenda. So We discussed that with one

2:19:35of them former and We both were of the same opinion. I'm not quite sure where I come down a little of on the fence on this issue. is that we think that this is good to stop the bad actors from doing bad acts. What our concern is is that we have the unintended consequence of stopping good actors from solving problems in her case we were talking

2:20:05about. a park, open space for a park. I think that's still out there. And so maybe someone comes back and says, Well, I can't provide a hundred by a hundred open play area, but I can do ninety five by ninety five, but we'd already turned down an alt standard then they're kind of foreclosed from that opportunity. And I and I hear what David, I'm putting a lot of weight to what you said. I mean I In some ways that satisfies my But I can see those instances where someone of

2:20:35course. So in the particular case you're talking about It did end up resolving itself. It did it was through the appeal process. No so because you can't appeal still and the bore you know maybe a compromise before you get to the Board of Appeals. So there is that also So even if you weren't Smart enough to continue. Um and you get the denial, there's still one more step before at least for this body. Um

2:21:06before you that you can go through the appeal

2:21:08process, and we both agreed that an an applicant for a variance or an alt standard does have the right to appeal a denial by the Planning Commission, although in theory the way the appeal works is that The board is only reviewing the decision made by the Planning Commission. They're not f making new findings of fact. They're not

2:21:32They can't consider new facts, but they could come to a different decision.

2:21:38They did come to a different decision. And they imposed a but they approved the variance with a bunch of conditions. which they're allowed to do under our code. They just can't hear new factual testimony, but they can They came to a different result than the Planning Commission.

2:21:53How dare they?

2:21:55And and by the way, in in the interim the applicant met with the neighbors and

2:22:00Yes, yeah, I followed the case all the way to its e to its end.

2:22:04So w what I'm saying is it's not like it's foreclosing that ability to I think part of the reason that Denise and I talked about adding this to the code is because

2:22:15you if you had a really bad actor, somebody could just keep doing every two weeks you'd be submitting the same application and you'd be flooded with you'd be and I would be denying the same application every two weeks.

2:22:28In in most municipal and county codes that I've worked with they have this some similar c blackout period as I'll call it for reapplying for variance. I agree this is not out of the norm And I will tell you that I'm reasonably satisfied with your answer, but That's that's all I want to make sure is that we don't overlimit Somebody So in the vari if if I understand this, in the variance section, if it's a

2:22:59different request, it's only a six-month waiting period.

2:23:03Yes. And I do want to also clarify that for the alternative standard section, that's just alternative standards that are heard from by the Planning Commission. So there wouldn't be like that park alternative standard, that's a staff Approval and then it would be appealed or whatever. So these are just like the alternative standards. Um, how

2:23:20would that work? So

2:23:23I don't want to get into that specifically.

2:23:31they come on appeal of a staff alternative standard determination. And then they're denied by Planning Commission or

2:23:39the board.

2:23:40Are they I don't think it's subject to the

2:23:44appeal to the board.

2:23:45Now, in that case if it's a third party there's a limited window they have to Appeal. So I

2:23:53understand yeah.

2:23:55Presumably.

2:23:58Once they've appealed once, I'm not sure they could get another appeal and still meet the time limit.

2:24:02Right.

2:24:07And that's to protect the applicant, because you don't want to have the applicant subject to Thirty appeals.

2:24:14So we put a time limit on when they can even file an appeal.

2:24:18Yeah, I I understand that.

2:24:21But I mean I get your concern, but I think the Chair is pretty good about kind of signaling to the applicant, hey you may want to continue?

2:24:35Sometimes he's a little more blunt than that.

2:24:40And I would say the good actors are gonna get it and they'll f you know, follow along.

2:24:44And then One last one. And I think this one goes to Jamie. The mass grading I'm not necessarily twenty seems a little light to me. Two hundred seems a little heavy. I just was kind of your thought.

2:25:03I think that's in line with what they require for other things though. Okay.

2:25:09I and I would tell you that That actually is different. on a site by site basis. There's some places where you might need four hundred feet of off site topography to figure out what how things drain and there's other places where you don't need four

2:25:23inches.

2:25:24That's you gotta put a number, that's fine.

2:25:29We just gotta get the surveyors to do it.

2:25:31Mm-hmm. Okay.

2:25:33Anything

2:25:33else then Denise?

2:25:35That's it. That's what I've got for for this. I I don't want you to adjourn though after you

2:25:39Okay.

2:25:40Hopefully move this forward.

2:25:42Is there anybody else here to speak on this? I hope not.

2:25:48Okay. So we have a motion.

2:25:52So moved. Second.

2:25:54All in favor?

2:25:55Hi.

2:26:04So um so I do wanna say one last thing because this is our last uh Planning Commission meeting before um you know we won't see each other until December. So I wanna w we want the Planning and Development Department and I'm sure everybody here I can speak on their behalf Uh we want to wish you a very happy Thanksgiving with you and your family and uh thank you. Um I'm sure that at least I do. I um I'm grateful to you um at the Thanksgiving table. So

2:26:29Well the filling is mutual, I can say that. You guys do a terrific job and that's

2:26:36Every time I come to this meeting is working with each of you and I'm sure these guys are the same way. I

2:26:41thought it was the beef turkey.

2:26:42Well it I was trying to keep that a secret.

2:26:52Yeah, you know, I think you set it under the cell phone and

2:26:56I've never heard those kind of words before.

2:27:00Yeah.

2:27:01Right.

2:27:01Well thank you.

2:27:02Okay, thank you, Denise. You guys really do a great job, honestly. I I'm I'm proud of you. Proud to be associated with you.