APC11 Saddlebrook Resort comprehensive plan amendment

1:14:08Alright, APC eleven.

1:14:15John, did you

1:14:17I don't need a presentation. Okay.

1:14:20I

1:14:20don't need a presentation, and I will be very brief. I pulled this for two reasons, one of which I think got solved in behind my office on the way here. And I don't know if I need to disclose that as ex parte communication. I I think saw counsel on the way out the door and said I'm gonna pull your brush.

1:14:41I pulled this because I said a few weeks ago back in Dade City I felt like the consent agenda is being abused. And that we weren't here to rubber stamp Four hundred and fifty acre developments on the consent agenda. So out of principle. I pulled this off the consent agenda and I Hope that that practice will change as we go forward. Consent agendas for The duplexes. Mrs. Jones' variance

1:15:12for her shed. But not four hundred not a large scale comprehensive plan amendment. The second reason that I pulled this and wanted to discuss it has to do with public notice. Saddlebrook. Golf course. The proposal here is that we're gonna change the golf course to Single family homes, townhouses, multifamily dorms for a golf academy and all of these things may be good things and I'm not necessarily

1:15:42opposed to them. But I know this. If I bought a house in Saddlebrook on the golf course and paid seven hundred and fifty thousand or a million dollars for that. My expectation is that's a golf course. And maybe I don't have the right to have that expectation, but at least if someone's gonna change it They need to let me know what's going on so that I can come out and exercise my right as a citizen to speak for or against the proposal. And so that's the issue

1:16:13and the reason that I brought it up or asked that it be polled for the consent agenda. So I think Barbara actually has an answer to that to which I'm going to tell you I'm satisfied, so please Come forward.

1:16:25Barbara Willheight, 6327, Grand Boulevard for the applicant. So with regard to this hearing, we did post although the code only requires an ad, we did post um three signs in very clear areas along 54, one being at the entrance to Saddlebrook. My client has had communications with all five of the homeowners associations within Saddlebrook and made presentations to them. This is a tran this is a Pre-transmittal hearing. This is the only time you'll hear the comp plan

1:16:55amendment, but what you do is you recommend to the board. Then the board will have a transmittal hearing where they send it to the state. We have an M PUD pending, so we'll be coming back and our M M PUD requirements requires we have to I have to send letters to everybody. So we this gets the process started. The MPUD, which actually is the specific document that says what we're going to do where and what we're asking to do where, this is just an umbrella comp plan. Um That MPUD will be noticed. It'll come back to you. And fully noticed,

1:17:25because this was already noticed in excess of what's required. Then the final hearing on the MPUD before the board. We'll have both the consideration of the adoption of this comp point amendment and the MPU at the D at the same time. No action will be taken by the Board of County Commissioners. We won't request it and staff was actually Shelby was text excuse me not texting, emailing the hearing dates. And coordinating with Tammy Snyder and saying, hey, Tammy, when's the M P D gonna be ready to be heard by the board? 'Cause

1:17:55my comp plan's not gonna be ready got gonna be heard by the board for adoption unless they come together. So that coordination Even with Dallas this discussion was already occurring between the staff members. So this comp plan we're asking that you take action on it so the board can then transmit it if they seem deem fit. It can get going on along in the process. The MPUD catches up, you'll hear the MPUD, and then the board will hear this. Comp plant amendment. And the MPUD at the same time. This we're doing the best we can with the process.

1:18:26It's hard to get through this process, but I think we've we've come up with a way to make sure that w we can continue to move forward but at the same time making sure that everybody gets heard.

1:18:38assure us that the two will be heard consecutively in front of the BCC.

1:18:45Yes, because staff has control over the agendas, so they certainly can ensure that the question is.

1:18:54My concern is When we put comprehensive plan amendments on the consent agenda or we don't hear the accompanying MPUD consecutively. We're laying the groundwork for a legal argument in the future. If we want to deny the zoning, for them to argue, well, wait a minute, my MPUD is consistent with the comp plan amendment that you passed. A month ago or two months ago. And that's why I think in the in the past we've

1:19:24always heard these consecutively. But since I've got here, I'm told no, no, now we want to space these things out. But I think that creates a problem for us in the future if we ever want to deny the zoning on one of those. They then have a legal argument that says, Well wait a minute, you approved the entitlement X many months ago and I'm consistent with what you approved.

1:19:45So I would agree with you if the Board already approved the plan amendment before the zoning's on their agenda. But I think what Barbara's saying, which Terry Yeah, I agree for this project. But I think that's the case for almost all of the MPUDs that we process now that The The M P typically travels with the plan amendments so that the final adoption of the M P D And the final adoption of the the the P D land use amendment occur at the same board meeting. So

1:20:16As long as that's the practice

1:20:17I'm

1:20:18fine with that.

1:20:19It's definitely the practice for PDs and M PUDs unless

1:20:24Where that's more likely to occur would be if you had say a

1:20:30Like a straight commercial and then you had a C two zoning coming three months later. D that actually could occur. And that's the concern. Okay, but that wouldn't occur with this one.

1:20:44To address that concern, I will tell you that staff is proposing an amendment to the Land Development Code. to ensure that all Complant amendments have signed notification. So they're we recognize that nobody reads the newspaper anymore. However, people do tend to look at signs that are posted at the entrance of their neighborhood, so

1:21:04Yes, and as I pointed out to Barbara, my s particular concern in Saddlebrook was that a great number of the property owners adjacent to the golf course to which this comp plan amendment applies. Live out of state. many of them live out of country, so they didn't see the sign posted. I think they should get a mailed a certified letter.

1:21:27Don't go certify the right-of-way.

1:21:29Well certificate of mailing,

1:21:30how about

1:21:31that?

1:21:32Well my

1:21:33proof that they were notified.

1:21:38And I think I I I just find it bizarre. That for a site plan approval, I'm required to notify all of the residents within 500 feet. of the proposed site plan, of which There's no mechanism in the land development code for actually any of those residents to stop the site plan and there's no public hearing about it. But when we wanna chart when we wanna change the land use on four hundred acres. There's no requirement to send the notice and yes I understand that A

1:22:09Ordinance change is pending my Hope is that we'll get on it. Let's get it done.

1:22:16When that ordinance change comes to the Planning Commission, if you Want to push for mailed notice as well, it's something that can be considered.

1:22:24But I suspect it. Barbara and or others may push it back a little bit, 'cause that i it's additional work for for it's not additional work for staff because the why do we

1:22:34need to do it for a site plan approval?

1:22:37Well because Because you are Some of these developments occurring in their neighborhood, they may just like the stormwater c situation we had today. They may want to make comments on the stormwater plan for that particular project. This is affecting people's land use rights. I don't disagree. The question the question the issue is you're saying that sign notification is insufficient.

1:23:03But I think this project may be unique that it ha it might have an uh I'm normally large number of out of state residents. Most Projects in the county don't have that situation.

1:23:17I would say that probably ninety-nine percent of the projects in Pasco County Sign notifications probably sufficient.

1:23:23May I say something? Because I actually pulled the proposed modification to the code and it is requiring mailed notice as well. And that was presented to the ordinance development team on july fourteenth of this year. Well then

1:23:35apparently you

1:23:36were

1:23:36going to be able to do that.

1:23:36So it's mailed, published and posted.

1:23:38When are we going to see it?

1:23:41So I've been out for about a month, just saying you will see it way before the end of the year. I'm actually working on possibly October. Sounds

1:23:49like Denise, is that certified mail or just No

1:23:53it's actually certificate No it's certificate of mailing

1:23:57but they do have to give us you know there's a difference between I get a letter in the mail or I get it certified and I have to sign for it. You know there's a significant difference. I wasn't trying to be humorous.

1:24:07No, it's certificate of mailing, so they have to the applicant has to show us.

1:24:15And I realize that there's an additional cost. But it's the cost of doing business, I look at it. So

1:24:24It's eight dollars a letter, so I mean my other client did six hundred of them.

1:24:30Yeah.

1:24:31My other client, the the short term rental one that you all we were able to go out there and talk, he did six hundred of them for that conditional use at eight dollars a month. He did 'em. He didn't even want to think about what we might charge to do it. So We actually pretty much do it as a courtesy.

1:24:49So yeah, so certificate of mailing works, people get 'em. A lot of times people don't even go pick up certified mail, so I think certificate of mailing, my experience is people get 'em if they're mailed. I know we're totally off topic here. Yeah. But so anyhow, go ahead and do your business.

1:25:03So I guess that's the applicator. We asked for a public comment. Is there anybody here to speak on this item?

1:25:11Okay you go. I'm satisfied

1:25:13for this project and will move to approve. Second.

1:25:16All right there's a motion and a second no further discussion all in favor? Aye aye Opposed? Motion carries.