J. Marr Palms MPUD rezoning PEG 247734
What the county recorded
This item is not from the published agenda
It is a stretch of the recording that this archive identified as a separate matter — a call to order, a recess, or something taken up that the agenda does not list. There is no official title, no staff recommendation and no disposition, because the county never recorded one. Everything below is inferred.
The source document
The county’s agenda for Planning Commission, Feb 22, 2024
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Planning Commission, Feb 22, 2024
The published PDF, as served by the county. This item is one entry in it.
What was said
Machine transcription of 1h 26m of recording, with speaker names inferred from voice matching. 82% of 517 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Good afternoon. William for Million Planning and Economic Growth.
And before we get started, I'd like to enter a letter of objection that I got from some citizens onto the record.
Okay. Move to receive and file.
Second.
Motion is second to receive and file. All in favor? Aye. Aye. Opposed? Motion carries.
Additionally, some ex uh parte communications were received, and I will be sending those to the clerk's office.
So this is the J. Marr Palms M Pud. This is PEG twenty-four seventy-seven thirty-four. It is located in the northwest corner of Pasco County, uh right off of US 19. This is a rezoning from MP to M Pud. Uh the original MPUD JMR Palms allowed for 499 RV spaces. This new M PD proposal will be for two hundred and fifty Platted townhomes and villas. It's approximately
42.8 acres on the east side of US 19, just to the south of Chrysler Lane.
Here is the U location map.
D zoning map reflecting the original expired MP.
the future land use of residential twenty four.
Here is a contextual map showing US 19, its proximity to County Line Road, and the subject site, as well as three MPUDs that are in the area, Arapeka Heights, Sunwest Harbor Town, and Heritage Pines MPD.
Here is the proposed master plan. You'll see two access points to US nineteen as well as an emergency access point on Chrysler Lane, as well as cross connect to the commercial out parcels there. uh that are labeled twenty-one, twenty-two, and twenty-three on this master plan. Uh that falls within the ROR future land use.
Here is the non-binding conceptual plan. For this M Penny for Pasco.
There is one variation that's being requested through this MPD from 9016 D11, which is the street design and dedication requirements. This is for the applicant to not provide interconnects to the east or to the south. Of course that is because of the existing
Homes that we saw on the location map. that the applicant proposes to not connect there to to disrupt those people. And I I will point out as well on the master plan there is a thirty five foot buffer being proposed by the applicant in response to some of the uh talks that they had with the citizens in the area and that is twenty feet greater in width than would otherwise have been required by the LDC, which would have been a type four buffer.
And with that that comes to you guys with the recommendation of approval with conditions. Do you guys have any questions for me?
William, this is an old expired MPUD or was previously, is that right?
Yes.
What was included in that prior M PUD?
Right. That was uh that was four hundred and ninety-nine R V spaces in the old J. Mar Palms M PUD.
Okay. Thank you.
Thank you.
We can ask Way do you have a copy of this letter we have just received from Mr. Yacht?
Do I myself have a copy?
I I have it saved electronically.
Is there anything in here that that would cause you to change your recommendation or any of the recommended
conditions? No, No, sir. sir.
kind of how the applicant got to that 35 foot buffer was through this. Th these are concerns from the neighborhood meeting that the applicant had. And that additional buffering was a product of that neighborhood, uh neighborhood meeting.
Is it an accurate statement? It says the code states that the landscape buffer between the agricultural and MPUD should be fifty feet. Is that No, so the true representation of the code.
That's not an accurate representation in the code. That's just a uh I think he uh the gentleman is uh mentioning the rear setback, which is fifty feet, as is the front setback. So that's not a a buffer or a requirement for landscaping. It's just a setback.
Okay.
Thank you very much. Thank you.
Mm-hmm.
Yes, good afternoon. Uh Cammy Corbett with a law firm of Hill Ward and Henderson, 101 East Kennedy Boulevard, Tampa, Florida, and I have been sworn. I'm here this afternoon representing Meritage Homes. They are the fifth largest home builder in the U.S. They offer four-sale products for single-family town homes and villas. And most of their buyers are first-time home buyers or first-time move homes. And they are an industry leader in energy efficient home building. I think Mr. Vermillion did a really good job of running through what our request is and explaining
how the request is consistent and compatible with the surrounding area. We are at a RES 24 future land use category, and we're at about a density of six units to the acre. So we're a significant reduction. We're actually a 49 percent decrease in the number of units. That are allowed currently or that were previously approved for this site for the RVs, and a 75% decrease in the total allowable density between the 24 units the acre to the six units the acre. And we're offering a platted townhome product, and we have
an alternative for a villa, but either way, homeownership opportunity instead of a transient RV park, which was previously approved on this site. And as Mr. Vermillion pointed out, we are increasing the buffer by 10 feet to provide a 30-foot, uh 35-foot buffer that was previously proposed as 25 between the time that the gentleman wrote the letter and the conditions of approval for right now. We do have our entire team here to answer any questions. There are some questions raised in the letter regarding drainage, but of course, all of those we're
not allowed. To adversely affect anyone uh when we go through the development process, but we can have provide more specific uh responses if you'd like. And there are also some questions regarding transportation, and we do have Steve Henry, our traffic engineer, here to answer any questions should you have any. But other than that, we're here to answer any questions.
Is the former MPUD still valid or is it expired?
It is expired.
Okay, any other questions from up here? Uh
yeah.
Okay. Thank you.
Yes,
we have s we have two um people signed up to speak. Um Mark Yacht and Charles Strickler. Okay.
Mr. Yacht, if you can please state your name and address.
Uh I have some things I want to add to the file. Can I present them? Yeah,
but real quick, just state your name and address and then as acknowledged you've been sworn.
I'm Dr. Mark Yacht. I'm the retired health officer from the Pasco County Health Department. I served in that capacity for twenty years. I live at [address removed]. Okay.
Thank you.
Can I?
Um I guess just real quick, I mean we can receive and file like we did before, but you're not gonna get those back. Is that okay?
All right. Uh we had a committee meeting following the meeting with uh Meredith Holmes and their representatives. uh in the highlands which will be impacted by this. uh construction. Our priority was to deny this project in its entirety. It does not in any way uh uh complement the character or meet the character of the Highlands community. It's two hundred and fifty units. In the uh total scope of the property,
uh we live in two and a half and five acre homes with few exceptions. Uh we have uh livestock uh within the highlands, we have chickens, we have all sorts of uh Yeah. Wages. I mean we have we have wealthy, we have not so wealthy. Uh we're a unique community and two hundred and fifty units that could bring in a thousand people to live on forty plus acres is not something we can uh approve or in
any way uh desire. However, if it is the uh desire of this group to approve this petition to bring in two hundred and fifty units on uh forty plus acres, then we would uh suggest certain conditions. And the conditions are well uh stated in a letter I sent uh November twenty fourth uh to Denise uh to discuss the objections we had in detail uh as to what we were concerned about. But
let's look at uh some of the highlights and then I'll quit. Uh th first it's not in character with the Highlands at all. It's not in character with the community, and that is an issue you must uh take seriously. The access road currently uh uh the rear of Branch Road properties should be protected. They were planning to put a fence and block off an access road which could have allowed emergency vehicles behind our Branch Road properties. Our Branch Road
properties the western end of our Branch Road properties abut uh this proposed community. So that access road uh should be for emergency vehicles and other reasons protected. Now, beyond that excess route, there should be a buffer. And that buffer should be, by code, fifty feet. You have allowed thirty five Uh that's fine, but I hope that thirty-five foot buffer is protected and then the appropriate perimeter fence uh be constructed
by concrete, uh cinder blocks and stucco because that would allow for noise abatement. It should be eight feet high. and further isolate that community from the overall Highlands community. It's not in keeping with our community. The emergency road they proposed it uh enters Chrysler uh lane is unpaved. It's unfinished. It was a time it was completely uh uh not uh there was no a
uh ability to transverse it. You couldn't drive your car up it. So they need to take responsibility. the contractors or the county to maintain Chrysler Road if that road is going to be uh an ac emergency access road to nineteen and it should not go south. That emergency road should not come back south to branch, otherwise we'll have a lot of their traffic coming into Branch Road, and that is undesirable and not in keeping with the fact that we have to maintain our roads. Now if they want to maintain our roads,
fine. Uh making access to Branch Road. All right. Their emergency exit. on the north side. It goes to nineteen. needs to be paved and properly maintained. Otherwise it's it's just going to deteriorate and very rapidly 'cause that area is s uh sugar sand and it it's not a road you can uh keep in operating condition unless you're maintaining it. Alright. We are easily flooded and that is shows up in the pictures
that I just gave you. Uh we need to be sure if that a condition is proper assessment of Overrun. Water water keeping their uh issue with water control within their community. Uh we we are concerned about pump stations. Uh we have had trouble with the Highland the Heritage Pines community being flooded because one of their pump stations failed. Uh we also are concerned about our aquifer. Our
aquifer is uh uh we're all on wells pretty much. In fact we all are on wells and b several of us are here today. uh we have to be sure that our aquifer is not going to be affected by their irrigation. Now they may have A pipe. for their regular water for showers and whatever, you know, for their for their plumbing, but they're gonna need to irrigate that property. We need to make sure that irrigation is not affecting our aquifer.
All right. Uh There should be no access to Meridian Boulevard, uh although we understand there won't be, but in case that comes up, they need to then maintain maintain Meridian Boulevard or the County should maintain Meridian Boulevard if they're gonna put their traffic uh into our community. Uh I already mentioned an eight foot concrete cinder block wall with stucco overlay. Not a PVC wall which will deteriorate in time and then the homeowners will have to maintain it. Because
once the contractors are done, they're gone. Okay? It's the owners that have to take over. A PVC wall, and we all know it, is not an adequate wall that won't deteriorate over time. So it should be a cinder block wall and it should be covered with stucco And Surround the perimeter of their property except for their access.
All right.
Oh, this is a very important issue. They are planning multiple story buildings, two story, maybe three-story. Those buildings would look into our community. Uh I think that The back of their community east side of their community should be one story buildings only. because we don't want to see them And those folks certainly don't want to see us. And that has to be considered because the way they've designed their community, 250 units, that rear end of that
community will be above the wall. And will be very visible to them. Which brings up the buffer. The buffer. is supposed to be behind the wall and I assume that the vegetation behind the wall will not be touched. Then there's the Setu. in front of the wall, how much r space is there needed to basically from the wall into their community uh that should not have any construction. and be you know, basically
uh add to uh this buffer zone and also for the convenience of the people that are going to live in the community, you
know.
All right, finally, uh there's another in s important issue, lighting. if their lighting, and they will have lighting in their community, is shining into our community, Uh they should design their lighting so that we're not affected by the lighting in their in their particular development. Traffic issues, this is a very serious issue. Traffic. Has to be uh uh Yeah. during peak hours and during hours when
we have our snowbirds down here. to do a traffic study Early in the morning, Or at night is not going to give an accurate picture of the kind of traffic that goes up and down nineteen. And here's the reason. We have one major access into our community, Meridian Boulevard. When you come out of Meridian Boulevard, if you want to go south on 19, you have to go north first, swing across 19, and make a U-turn to
come south on 19. Their exits could interfere With the traffic flow when someone from our community or anyone wants to go south on nineteen. Because they're uh we are being forced to go north on nineteen, that's fine, and then we make our U-turn because that's the way the traffic is designed, and that's fine. But they're gonna have a thousand people in there coming in and out, and that could affect traffic pack patterns significantly, and that needs to be understood. So
just in clear quick, yeah. And just real quick, I know we we took us a while to get these pictures up and I think you're probably over your three minutes at this point. I'm sorry? It took us a while to get these pictures up, and I realize that, but you are probably over your three minutes, so we have given you a little bit of extra time. I just need you to wrap it up. And then as you are doing that, I don't know if there's anything in particular here in the pictures that you want to go over. Okay.
Yeah, the only thing that the pictures are to represent is we have serious flooding problems, and the county knows that because they have had to come in and do repairs at times. We are uh we are a community that takes a lot of the same. care of its own roads, but they were never engineered properly years and years ago. So when we even with the slightest rain, we're going to get flooding. Those are old pictures. These are pictures I took recently. That picture I took and that's just after a typical rain because you know we haven't had much rain. That was just a uh rain for a few
hours and that's Meridian Boulevard right there flooded. When it when we get heavy rains, Yeah. That that road can be covered. All right. There's another example. I don't is that my p that's not my picture. That's a picture that was given to me by one of the residents of flooding they faced at their home. From uh serious rain. Light rains can give us a lot of collection. Serious rains, we get flooding. That's why it's so important for them to control runoff from their community. Yeah. If
they don't, we're
gonna have problems.
I
mean
there's a couple engineers up here on the board and I know there's several people listening from the county as well. I mean everybody well aware and th there's there's a lot of regulations out there that that
So If you can just I it's easier to go ahead and in closing. I know you've got uh quite a bit of stuff outlined here in the letter. So
can we get back to the first one? I'm just gonna close by saying that.
Okay, please speak
a little louder because I'm not sure.
What is the
address of
this?
My house?
Is this the house? Is that true?
That particular house I don't know. It was given to me by a resident uh during very heavy rainstorms. I can explain the pictures I took, but there's two pictures in there. I don't know exactly where they are in the islands.
That's on Philly Lane. It's behind Branch Road on Philly Lane, which is basically the house right behind Phillian Burke.
if you just come up here and just speak into the microphone so she can catch this on the So the clerk can catch the
Yes, sir. Charles Scott Strickler, [address removed]. And I do recognize the location. It's across diagonal from my property. It's at the intersection of Branch Road and Philly Lane. There's a swamp type property right at that intersection, and that swamp floods right there, mostly from heritage, but it also comes off of 19. There were pumping stations that put that water into that area. There's now currently a marker and a survey point
with a water height marker and Survey crews have come out and they've monitored that location. It seems to be better, but last year was a drought, so you know, it could be next year that that area is additionally flooded like that.
Yeah,
fancy.
Thank you.
Okay, just to end our our our group once this petition denied. This was came out of a community meeting. We were voted to represent uh that group here. Uh the county was invited to that meeting, chose not to show up. But but we are against this and uh we appreciate this opportunity to discuss the right-of-way. Is there
a particular issue in the Land Development Code or the Comprehensive Plan? I'm
sorry?
Is there a particular issue you can point out in the Land Development Code or the Comprehensive Plan that would be a reason for denial?
Scott, you might know that better. Is there something to
bring
it up?
I'm asking you when when he can he can talk when it's his turn to talk.
Okay, he's going to speak and would you give him a question?
Okay. Yeah, just make sure when you're you're back at the microphone whenever you talk. She just has to be able to capture it on the recording. That's all.
Okay, I'm for all intents and purposes I'm done. I'll take any questions, but I don't hear well so I'll have to walk up to you.
Another question. William, when when did the M P U D, the the one that expired, when did that expire? The previous one?
Oh was he gonna answer that?
Yes, yes sir. And and then I don't remember right off the top of my head. Uh Denise is pulling it up right now in our in our system though.
I'm just curious, Dr. Yacht, if you were involved with the MPVD approval initially for this this area?
Were you were you involved with that process when it was what was it supposed to be
zoning for
Okay.
I was not involved in that earlier process. I should have been.
And William, we were looking at four hundred and ninety-nine four hundred and ninety-nine R V spaces, and it look looks like that expired in two thousand sixteen. In sixteen? Okay.
It expired in sixteen, but they did obtain executive order extensions. So I think the last one looks like it may have expired in twenty twenty two or so.
Okay. Thank you.
Okay. Thank you for coming out and and thanks for your explanation. Thank you
sir.
Thank you very much.
Denise, who was next on the list? I don't remember. Sorry.
Um sure, Mr. Charles Strickler. That's the last person I have signed up to speak.
Good afternoon, board members. Retired Lieutenant Colonel Charles Scott Strickler, [address removed]. I have adjacent property to the proposed MPUD site that is owned by Caleb Miller. The only reason I mentioned the fact that I'm a retired Lieutenant Colonel is because of of the honesty that I want to bring forward. Um Meritage Homes said that they have quality homes. I want to introduce two items. I have
two sworn statements that have been notarized that I would like to present to the board. May I do so?
Move to receive and file. Second.
All in favor? Aye. Opposed? Motion carries.
One is also just a one pager, but like five examples behind it.
Two actually sworn statements. One is against Mr. Caleb Miller, and one is against Meritage Homes.
So Sir Does the applicant have a copy of these? I mean I think they should have a chance to rebut whatever's in there. I don't know. If they don't have a copy,
can we give them one?
I'm happy to give them my copy.
I only have five copies. I'm sorry. I was I understood from the commission that it there was gonna be a five year old. I can make more copies if I
had known if we could get at least one of those copies to the applicant.
I'd appreciate it. Trying to figure out There's like three pages
to
it. The three yeah, that's one. Yeah.
Second page of the first one pager? Is actually the correct notary. So I went to Wells Fargo this morning. And they notarized it. They said that the uh site from the Florida site was not correct, which is on the front, so they put the correct notary which says that I did it in person.
This is part of it. Okay.
Just tell you.
So this is different then we're seeing this oh no this is another package that doesn't
have this picture. Focus on Okay, so there's
It's just a small statement. Here you go.
Okay. Go ahead.
Gotcha. Take one down and pass it around. You ready to proceed?
Yeah, go ahead. The uh first one, very simple, straightforward. I filed a claim with the Fish and Wildlife Commission, incident number twenty four zero nine zero zero one four one four seven for the destruction of tortoise mounds done by property owner Caleb Miller. and understood by Meritage Holmes. that that was done. They immediately did their survey for the gopher turtles after the clearing of the land. So we had the destruction of the
land for two weeks by a undercutting brush machine. Destroying the turtle mounds during the month of May, June, July, which is their egg laying season, and then WRA. The survey crew came in, they had it in the application, came in and marked the tape. They came up with 30 turtles. I I say that there's more like sixty from my estimate. So this is an inaccurate estimate and an incollus of fraud. Second.
Issued a citation from FWC.
It's only been recently uh It's done. So both the tortoise program and law enforcement have been notified. They have not issued a finding on the investigation yet.
Okay.
Any other questions on that? I'll move forward. The uh second one, Meritage Home, just say that they're a quality home builder. Right here is five. Direct searches off of Google, they have a one point one average. Out of five. And a one is the lowest you can get. So a zero average. This is coming from the Better Business Bureau. This is coming from consumer affairs. This is coming from house. I provided you this search,
the example. You can look it up yourselves. This is not a quality home builder. They're deceitful. They have lied to me. They've lied at the meeting that we had for the neighborhood peace. And then the last piece that I have that I just took today is this photograph that you have. This is how they advertised your meeting. And a garbage dump. And on the ground. Today Or yesterday they put it up on Route nineteen. This is deceit. This is deceit.
I walked up and down looking for this sign. For the last two weeks, marking a I I've got it in emails. I have proof of this. It was not on 19. It was on Chrysler Lane in a dump.
They didn't give us a thirty day notification. Deceitful company destroys turtles.
This is this this is not the the the people that we want. Developing a community for us, a one point one five out of five. That's three hundred Three hundred voices that have put it in writing that are not here but are standing behind me. five different websites, do the Google search. I didn't I didn't cherry pick The ones that were low. This comes from the top down. Better Business Bureau says there are one point one five ninety-seven percent, not like the good side, eighty-seven
percent from the last ones, ninety-seven percent of the people say The company is deceitful and dishonest, and that's their words. I have had the same experience personally. At hand, thank you. Can we see the one
the last photograph? You just held out I couldn't see that from here.
Yeah, the last one here is on Chrysler Lane. This is that unimproved road to the north. It goes up the hill, it's kind of paved for a little bit, and then it turns into dirt.
Yeah. We we have we have in our package the their proof of no of publication and notification and they they posted a sign on nineteen. They included photos on nineteen well I have a picture, so maybe maybe they set the sign up there, took the picture, took it down. I doubt it, but maybe they did. Um and they did one also on Chrysler Lane. So
The uh prior notification was on nineteen. I I I concur with that. When we did the neighborhood meeting, they did that and put it up on nineteen. This last time I I go up down nineteen every day. It was put up either yesterday or today. The photos that I have, I have them date marked on my on my thing. If we want to go into a deep dive on evidence. They put it in a garbage dump on Chrysler Road. Because I l I walked up and down and looked for it forever.
Because we wanted to know when this meeting was.
Okay, very good. Well I appreciate you coming out. Thank you. Can can I ask you a quick question too? Yeah.
Certainly sir. I didn't get the
the
question. Go ahead.
Um so you know I know you you're citing the stuff on Google and all that, which has some merit, I'm sure, but it's also hearsay. So can you speak more to the specific Things that you were you said you were lied to or specific things that you Encountered.
Yourself. W and dealing with the developer.
Yeah, the the environmental study is is really what uh what got me. First off, I asked him Who who destroyed the land? Who destroyed the mounds? Right? They didn't want to speak to that. They dance around. They wouldn't say who did it, right? So I had to eventually say, Well then the owner of the property Caleb Miller is responsible for it. They said okay. They didn't agree, didn't disagree. I told the environmental study person, I asked him,
I got it. You can do permits and you can remove gopher turtles and you get a permit for that. I got it. You got thirty of them that you have identified from your partial survey, not your full survey, but your partial survey. And it's gonna cost you a hundred and seventy one thousand dollars according to their survey piece. I said, Well what about all the other turtles that you destroyed? We didn't destroy turtles. I was like, Well the the owner destroyed ahead of time. After you've drawn your data, but before you do your survey,
He does the destruction of mouths inside of the area, right? And then I asked him, Well, what are you gonna do about the trees, right? Are you gonna just gonna clear cut the area, just like everybody else does? I said, You have migratory birds that are in the area. Did you do a migratory bird study? According to federal law, no. He looked at me and he was like wide eye. I said, You have woodpeckers in there? Really? They have callated woodpeckers in there, and they possibly have coccated woodpeckers in there. But
I'm not a biologist, so I have the FWC biologist working on that right now. So those those are the two main things. that uh they're there. The the the one that threw me over the top is when they put that notification on Chrysler Lane and it sits in a dump right there and then they put it up again and the storm blew it over. And then two days before the meeting here, They put it out on nineteen. Shame on them. Meritage Home is not the people that the citizens of
Pasco County need building their homes. They're gonna be troubled from day one. To the day they walk away, turn it over to a hoa, Just like these Hoa guys. And they're gonna be held responsible. The homeowners. are gonna have shit to deal with. from a horrible corporation that I have tried to document. My opinion? the opinion of the Better Business Bureau One point one five rating out of five.
So and just so you know the picture that we have here on the in our packet shows that sign and the trash wasn't there, so it's possible the trash got dumped. Who knows who it got dumped by, but it's possible the trash got dumped after the picture and after the sign was posted. So just just so you know.
It also looks like that area on the north side is One of the only areas that they could have posted that's on a Chrysler so it's you can see
the second sign.
I I can I'm looking at it now.
So I went out there with my old GPS tracker and I freaking Because they my GPS track was and it was in the trash right there. And I was like, oh shit, here's their sign that they're informing us of. the neighborhood meeting. They put it out there.
Yeah, so it looks like the garbage got dumped after the road. It was posted.
Yeah, there's garbage all over the place. When they came and they undercut the thing, there's homeless people in there. They destroyed homeless camps.
So here under oath, you you legitimately think they went out there and found a pile of garbage and put the sign in the middle of the garbage?
They put it twice.
Okay. I just wanted to make sure. I I just want to make sure I understood. Okay.
Yes. Not only once was the sign put there, when it was Put up a second time because that first sign is all water damaged. We can we can go back out and you can go up and look at it right now. It's sitting right there. And then the second time when I came out, I took a photograph of it in front of a sheriff. And the sheriff was there. And I can give you the case number for that. So yes, under oath I am swearing to God And that's why I use my My former piece
because I swore an oath to the constitution and to the senate. to protect and defend the Constitution. So yes. This is 100 percent the truth.
Well I'm not I'm not pinning. Again, I wasn't questioning whether the sign is in the garbage. I was asking you if you personally thought they went out there and found a pile of garbage and put the sign in the middle of the pile of garbage when they put it up.
Yes, I do. Because I'll tell you the reason. You
answered the question. It was just yes or no. That's fine.
Because the first time they put it on the sign It has the for sale lot. That's how we saw the first neighborhood meeting. The second time, because they don't want us here. They put it out on Chrysler Road on the very back side.
A lot of times a lot of developers will put multiple signs around the property, even though they're only required, I think, by code to put it on one side, on the most prominent side, but a lot of times they will put it on multiple sides. I got
you.
On nineteen. Until at least two days ago.
Okay. Well I mean th we we have them under oath swearing that they posted the sign on February seventh. So we we've got it on both sides. So
full clarity on on both sides of the story here.
So I put mine mine under a notary I took it directly from three hundred people. So
John,
did you ever
when was the complaint made to FWC about Could go for tourists.
The original one was done Wednesday of last week and the other one was done Um well I just did a follow-up call today. And when do you uh they actually
When do you say that they actually went in and disturbed these burrows?
Yes, sir.
Are you are you saying that they cleared the property or partially cleared the property? Is that what you were doing?
So they came in, they they created Three new trails. Through the property, dug all the way down through the dirt, bounded up some areas and then went through the property for fourteen days and there's tons of residents that 'cause it was it's annoying and it's disturbing. And it flails up and it takes the brush that was about You know, from chest to to head high, it took it all the way down to the ground. It went over the top of Burroughs. It destroyed, molested,
And when when was this?
It was June, July of last year. And you just
made the complaint last week? Huh? And you just made the complaint about gopher tortoises last week?
I had made the complaint to them. I only have found out about all the code and the actual remedies for this. So according to F W C I have eighteen months for that complaint to be filed and it's now been eight months. So I am one year away from having expired my
how do opportunity to I'm not saying that you're wrong or that you're not telling the truth, but I'm asking how do you know that they disturbed Gopher Tortoise Burrows?
They said that there's thirty right now. Who said? W R A.
Okay, so their consultant says they found approximately thirty burrows.
They marked thirty burrows. Most of them that they marked
So what I'm asking is how do you know they were disturbed?
'Cause I can look directly into the property. I uh I'm an adjacent property. Well how big's this property? My property is five acres.
Theirs
is forty
acres. So you can see the all forty acres of No,
no, no. I can see you asked me how do you know I it is
all thirty boroughs concentrated in one place?
They're mostly cons No, because they didn't do a complete survey. They did a partial survey and extrapolated statistical data analysis that says there's thirty turtles there. Well that's
common independent. That's definitely
I understand. But you're asking me how I know. How do they know? That there's only thirty turtles. How do they know they didn't disturb
I'm not saying they're right or wrong. I'm just asking how do you know the burrows were disturbed? Did you see a disturbed burrow? Did you see a dead tortoise?
I I have a picture of a disturbed
Can you show us that?
Huh? Can you show us that?
A few minutes, but I've got it on camera. It's where they had plowed a road
Put the spoil to the side because they didn't want to get on the fire break road that Mr. Yeats has talked about, piled it up right there. And the tortoise was able to dig itself back out of that area and ha and leave his pile. So the answer is yes, I do have a photo and it'll take me some time to produce that evidence and I can come back and give it to you or
I just want to make sure that when I make a decision or a recommendation that I'm basing it on something that's sound, not just he said she said and so if you if you've got that I'm happy to look at it and we'll take that under consideration.
Okay.
Now the the question that I didn't get answered by Doctor Yacht was is there some particular land development code section and or comprehensive plan section that you think that this development should be denied based on.
I'm asking you that because this is a quasi judicial hearing and We We can't deny a development just because you don't like it. You have to stick to matters of the Land Development Code or the Comprehensive Plan. And so if there's some reason that you can point out, I'm happy to take that under consideration. But I can't just I can't just recommend a denial because you don't want it. That the law doesn't allow us to
do that. That's not how the process works. I'm trying to help you.
So First off they violated the law. So The protection of habitat is protected Under Florida law. And it's protected under federal law. They're in violation of that. So they have restoration processes they have to go through in order to continue with their development. They have not met that criteria. So therefore it should be denied until the investigation is complete and restoration has been done
that meets federal regulations. and Florida regulations for the protection of wildlife habitat. There's also setbacks. They're asking for waivers. I do not like what they've asked for and a waiver. So Okay.
They're asking for a waiver. I say it should be denied.
Yeah,
I don't think they're asking for a waiver either.
The waiver that they've asked for is not to have to connect to your neighborhood with the street. That's not true.
From the code.
Actually the code allows a fifteen foot setback and I believe they're increasing that to uh thirty five.
For the landscape buffer.
For landscape buffer.
Correct.
Not setback, but landscape buffer.
Mm-hmm. Okay, well I I think I mean I know the applicants here they have a chance to rebutton. I know they'll they'll probably have explanations here. I mean uh understanding the f the full process here, I mean th this is this is zoning. The next thing they have to go through is the site plan and the permitting, which they have to go through all the state agencies, they have to do all the environmental studies, they have to pull all the gopher tortoise permits. Um a lot of these people involved in this particular project do projects all over the place. This isn't their first project. I doubt that they would go out there and and I mean th there's serious
penalties for impacting protected species. I mean turtles, tortoises, all the things you've mentioned. So I mean they they will and and I'm I'm fully confident that they will follow and pull all the permits. Now the gopher tortoise impact permit, and Chris correct me if I'm wrong, but I don't think they can even pull that permit until they have a site development permit.
So
I
mean, it has to be done within what thirty days of construction.
And there there are steps that they have to take.
So what they're doing is is absolutely appropriate for for the stage of the the stage of the process of the heritage.
Okay, well we're not gonna do it. Mr. Miller owns the property. Okay. Meritage is the agent. authorized agent to act to speak on his behalf. So he is the actual owner of the property and responsible for actions on that property. until such time that he sells it, to maritage It's under contract, not for sale.
The applicant's gonna come back up and I feel confident that they'll address uh address what's happened out there and and provide explanation for us to hear.
Okay.
Okay. I appreciate you. Thank you very much. Thank you.
All right, uh was that it? Is there anybody else here to speak on the mm? Mr.
Chair, do you mind if um you just call just in case I I didn't capture everyone?
Is there anybody else here to speak on this item? Okay, if you can please come forward.
Mm-hmm. Hi, my name is uh Linda Bell, and I've lived on the property for over fifty years. I'm a retired uh Pasco County school teacher. Now When the millers
ma'am, what's your what's your address?
Oh, I'm sorry. [address removed]. Uh When we had dealings with the Millers before, they were very nice, we actually did not oppose the RV site. It was explained to us that it was going to be a nice park type thing where the people would have their RVs. It'd be there during the winter months, then they go away for the summer. It was going to be peaceful and calm. We did not oppose that. Then all
of a sudden now they're changing what they wanted to do. Instead of a nice RV park with retired people and and I'm I spent a lot of time with the Millers. They took us out to the Word of Life. They even donated materials to my school. Now all of a sudden they want to change it. A thousand people, two hundred and fifty units. Now did they lie when they said it was going to be a nice peaceful RV park and all of a sudden now decide they want to make it
into some kind of $300, $250 unit with a thousand people who knows of all different ages. As a teacher, I like all different ages. But my idea: what happened? Where from this nice peaceful RV park to 250 units with all kinds of people and noise and who knows what and water. Where does the water come from? And like
The uh flooding is really bad. And my husband and I, we have to take care of the road. We go out and fix potholes ourselves by going ahead and buying $40, $60 worth of uh asphalt. So that's my my I guess my concern. What happened? Did they lie to us? Now all of a sudden they want to put all these units. That's just that's what has me upset also. Well thank you for the your time.
Thank you for coming out. Okay.
Okay.
Okay, uh anybody else here to speak on this item?
Do you want to come forth and Maybe provide us some uh rebuttal on any of the items that were brought up.
Sure. Cammy Corbett again with the law firm of Hill Ward and Henderson. Just real briefly on what was approved previously. It was four hundred and ninety-nine RV spaces. There was no limitation on age. It was not restricted to a fifty-five and older, nor was it restricted to seasonal or short-term rentals. Those were potentially full-time residents, and we are reduc reducing the number of units. by uh by in half. Um I would like to have Joe Simono from WRA to come up and directly address some of the issues related to the gopher tortoises as well as the drainage issues.
Okay.
Good afternoon everyone. Uh Joe Simeneau with Water Resource Associates, aka W R A Engineering, 12363, Hampton Park Boulevard, Tampa, Florida, 33624. I do need to be sworn. Okay. Please.
Do you swear Ur from the testimony you're about to give that the truth will help you guys?
I do. Uh we'll tackle the drainage first. Um the our proposed project is going to drain towards nineteen. Uh it's going to drain towards nineteen at elevations around fifteen to twenty. That's gonna be the control elevations to the west that we're draining to. Uh looking at the residence. along branch and along meridian their elevations are around twenty-five, thirty, forty, so significantly higher. It's gonna be a a fun engineering design. There's not usually a lot of topography
like this on a site. There is in this case. Um so we're not draining at them by any means. Uh I did recognize the flooding concerns along Branch Road, um specifically along Philly. I think I'm saying that right. Again, we're not draining in any way, shape, or form in that direction. Uh to be fair, there is drainage that tries to get from them. To the east across us to the west to 19. Our site plan will be reviewed by the Southwest Florida Water Management District and
multiple departments within Pasco County that review the stormwater, and they will absolutely be looking at that spot with a magnifying glass to make sure we have the adequate bypass through it. We are in the Hammock Creek Regional Watershed Model, which we will plug our proposed conditions into. We won't just do our site in a vacuum, we'll plug it into the regional watershed model. I think I've covered the drainage and then real quick on the environmental. I am the owner and principal of Water Resource Associates, aka W R A. I
am happy to talk with this gentleman afterwards and answer any questions he has. Our environmental team does everything by the book. I'm not sure what he was referring to about the previous owner, but our environmental staff did nothing more but water. Walk transex miles through that site just looking for Gopher Tourist Burroughs and flag whatever ones they saw. It was a partial survey as is required during the NPUD. No more than 90 days out from construction were required to do a hundred percent survey. Anything we
find that needs to be relocated needs all the proper permits to relocate. There are no more incidental take permits like the old days. We've got to find a home for anything that's in the way of construction. Happy to answer any
questions. Quick quick question. I'm looking at Pasco Mapper at one foot topo.
Yeah.
Unfortunately Pasco Mapper doesn't give us the luxury of defining basin boundaries, but in your opinion is this an open drainage basin or a closed drainage basin?
The north half of the site is an open basin, the southern half of the site is a closed basin. That will all get taken into account in our design.
For the record, in closed basins, your design will be for the one hundred year
Twenty-four-hour event, correct? Yes, sir. We'll be looking at the hundred year storm down there. And we've already looked at the portions of the homes along branch and meridian
that's
A, so it perks like crazy.
And just just to clarify, I'm sure that raised some flag. Perking well is good for the design because it means we have to retain more. It doesn't mean we get a pre pass. Yeah. So that that's a good thing for the design being considered.
And a closed basin design criteria. Okay.
And we've identified the portions of the homes along branch and meridian that are draining towards us, and we've specifically put our ponds and collector basins in locations to accept that flow, not block it or try to divert it or anything like that. Okay, that's all.
Joe, before you uh while you're up here, I I guess speaking on utilities, because I didn't see anything referenced in the memo, is this on county water and sewer? Yes.
Yes, county water and sewer. So no septic tanks, nothing of the sort.
All right. And are we in the Weiji Wache B map area here?
Yeah, just curious about whether or not we a ATEF knows the question I'm gonna ask just whether or not we're c collect connecting to Reclaim or if there's reclaim service available.
Uh attackhand at Pasco County Attorney. Uh we are in the B MAB area. So we cannot actually
No reclaim what
the uh the nearest reclaim is like three miles away and So And we have water and sewer along nineteen.
Yep, and there's s s uh sufficient capacity.
Yes, these
are large
lines.
Okay.
Anything
else for Joe?
Not for Joe, but maybe for the young lady I sorry, I forgot your name. I I know you represent the the buyer, uh so I don't know if you can speak to anything that the owner's done there, but um do you know anything about Running Multers and bush hogs through the property by the owner.
Wasn't anything contemporaneous to this application in any way, shape, or form. And whatever inventory for gopher tortoises have done w have been done was subsequent to that clearing.
Okay. question for you and maybe it's better asked to David. Does the county commission and Does the county commission Have the legal authority to demand the minimum value of a home?
Sir, once you have a chance to speak, I'm I'm sorry we we have to limit it to one time or else we'll be here all week.
Um
I would say generally no. I mean I think that that
Yeah the legislature has preempted some of our ability to d to regulate aesthetics, but but in terms but I think The county can't regulate
a condition of approval that says thou shalt have a minimum home value or
be well you you couldn't because the because the homeowners are controlling you could have a recession and all the home values go below that. But What make sure I give you a complete answer to your question though. The county can regulate lot sizes Um Certain amount of aesthetics, landscaping things that might enhance the value of a home. But Not actual value. Does that make sense? Yeah, yes. You answered the question. Okay.
Yes, and if I could address that too real quickly, I think he's specifically responding to a request uh made by a citizen to condition the development to have a minimum sales price of $500,000 or more. I would say that that would not be a lawful condition. I don't know how it would be enforceable. And it um and it would also invite a slippery slope of an evaluation of what the current home values are along uh the abutting properties. And I don't think that's any conversation anybody really wants to get into.
Um Another uh issue that was brought up was was traffic. Um 'cause it looks like there's two proposed um access points on Nineteen there. Uh and it looks like one of them is right adjacent to I guess it's another road across uh Nineteen as well as a turn through. So is there a plan to signalize that or is there a plan to
if I could have Steve Henry our transportation engineer?
That's what I figured you'd say.
Well and and I what I'll do is I I'll I've got some graphics to show you. Yeah. Oh no, you can scan. Well here. I got I got multiple copies if you want to.
Do I need to move to receive and file? You want to back
Steve or no? Okay. Okay. So
move to receive and file. Second. Second. Let
me give you.
Motion to receive and file in a second. All in favor? Aye.
Aye. Aye.
Opposed? Motion carries?
But anyway, so you can look at those and what I've done is shown the site plan on aerial and then provided the location of the two access points. And these access points actually align with directional median openings that are in US nineteen today. Um and if you look at those aerials you can actually see where they've already built DOT already built the right turn lanes. For the for the project. Uh they're striped out today because there's no driveway there, but they've actually built the right turn lane. So to answer your
question, Would it ever be signalized? No, because it's it's a directional median opening. And we also looked at the level of service to those and it meets the uh both delay and VC criteria with the project. And we also looked at the length of those turn lanes, both the right and left turn lanes. And with the project, the turn lanes are long enough, in fact, a little bit longer than they need to be with our project.
And Steve, you don't do traffic counts in the middle of the night, right?
No, correct. We we do counts AM and PM peak hour. We convert those to peak season. So we're looking at the absolute worst case as far as the year. We kick we convert them to the actual peak week of the year.
That was a question I was gonna ask. I I knew the answer to the question, but I wanted you to state it for for to address that particular concern. We have Joe Simono
up one more time too. Yeah.
Yeah.
Yes, sir.
Irrigation wells. At what point do they trigger a consumptive use permit from the water management district?
Ooh, that's a good question. Uh I think when it gets above four inches to six above four inches, yes,
correct. Otherwise we're presumed not to have any substantive impact on the aquifert.
So above a four inch line? Yes, four-inch line. Well, well. Gotcha.
Ms. Corbin, I know you've only been given this today, but I assume that you'll be able to do that. correspond with Mr. Yacht or talk to Mr. Yacht and Mr. Sricker about their concerns that they have an already Raise them to you.
We will certainly continue a dialogue. These concerns are similar to those that were raised at the neighborhood meeting that have been subsequently received in file in the file and that we have taken them into consideration by increasing our buffers. We did move the dog park. It was originally at the northern portion of if you look at the conceptual plan, you see the dog park is at the center of the location of the community instead of the community. of at the northern end. We also moved a lift station. That was on the East side of the property, the west
side of the property in response to the concerns. So we have tried to listen to the concerns of the residents and address them to the best we can, and we would continue that dialogue to the extent that there's anything that we could reasonably incorporate it into into the proposal.
How about Dr. Yacht's request for for a wall instead of a a fence on the easement?
A wall a concrete wall or masonry wall from a long term maintenance standpoint is really a burden on the homeowners. Um we are going to be placing the uh the fence that we are proposing is gonna be on the property line, the interior property line, and the screening will be on the eastern side of that. And so it makes it easier for the long term maintenance of the HOA. Masonry walls are a lot more subject to environmental
I guess they get deteriorate cracking. Yeah, exactly. Cracking and that really burdens might be initial cost to meritage, but it's the long term homeowners that have to take care of that. And we just aren't really sure that there's any additional mitigation that's provided by that material. Uh but it's certainly something we could consider, you know, continue a dialogue regarding the material related to that fence. But I don't think concrete or masonry wall makes a whole lot of sense.
So along that thirty-five foot um uh buffer there, is there plans to uh leave as much vegetation existing intact?
Um some of that um is gonna be challenging more so than in other sites because of the topography. But to the extent that we can do that, we certainly will. I mean obviously anything we take out we have to replant pursuant to the landscaping and screening, but that's essentially what we're looking at. But the topog topography here is a little bit more challenging than a normal.
Okay. Regarding that back area where they had the one-story structure request, did you address that?
That's not something we can really accommodate here because we do have townhomes which are typically two stories. We're not any different in terms of building height with the adjacent property owners, which are allowed a 35-foot building height. Um there's really not I don't think we could consider that here. There's we're given that we're we have two. 10 feet of rear yard setback plus another 35 feet or 45 feet from the property line, plus there is extension extensive existing vegetation on their side. So we really think that the likelihood that they'd be able to have any
impact from that, or any there be any looming over from the two-story townhomes to a one-story home, is really not something that we think is is would would happen here.
Is there anything in the AR zoning district that would prevent them for building
Yeah. There is not.
And with that, we're here to answer any questions.
Yeah, and I I I know there was a a question about lighting. I don't even know really for it's for you to answer, but that's that's all a requirement of the code as far as on-site lighting and spillage off site goes. Um I know there was a comment somebody said something about um access to meridian and how this project that there is no access here to meridian.
No.
Um the access to the north to Kreitcher is emergency access only. Correct. Um it's not to be uh you know, all of the access and and permanent access by any residents is is directly off US nineteen, so Um
Okay.
Can I ask William a question?
Well it's kind of indirectly a question for William. William, is there anybody from natural resources that Is Available I just want to know if there's anything they heard today that would cause them to change their recommendation and the conditions of approval to deal with
Yeah, we've got
to do questions too if we can get somebody.
So uh whenever Mr. Strickler called me, I immediately let Jackie Jordan from Natural Resources know and she didn't have any other concerns once once I relayed what Mr. Strickler had said to me. So she's a little bit of a
So all the testimony that we heard today about endangered species, gopher tortoises, Jackie's heard all that before?
Yeah. It wasn't specific to what was said today, it was more in the general These species could be being disturbed and I I told Mr. Strickler that I would let the Natural Resources Department know to see if we need any additional uh conditions done.
I'm confused by something that was mentioned in one of the conditions of approval and it had to do with bald eagle nests, and I was just confused by the language and what I couldn't tell was Are you saying if we find a nest later or were there some was there a nest found? during the initial environmental assessment. Because I saw where it says there m may have been kestrel.
Is that is that condition six that you were? It does say
the presence of any new bald eagle nose. Right, yeah. So that implies that there might be an existing one.
Uh that that is a question for Jackie. These are all all conditions that were that were
provided to me by natural resources. That's why I started the conversation. Is Jackie available? I don't see her on the
office. She is listed as out of the office today.
So there's nobody from natural resources available to answer questions.
Well what's
on.
While we're waiting, can I ask a Tef another question?
What's the minimum Minimum flood recurrence interval that you're required to set a lift station top up above.
You have to be um One foot above that hundred year.
Very good.
That's for the top of the top of
the lift station. Yes,
I understand.
So Denise, if the answer is no, I guess my request would be that When this goes to the board, Did somebody from natural resources be available either in person or online? to address these allegations because I I'm not sure that this is a little bit more than a little bit. the Planning Commission or even the Board have the expertise to know you know, were these issues investigated when natural resources went out? Because there's a series of conditions that deal with
gopher tortoises, eagle's nests.
And
You know. Isn't that in the context though of a development approval I mean, I think that's a good thing The gentleman's assertion was that the current property owner went out and did this, not the applicant for this
I agree. But I believe that th that our natural resources staff develops these conditions by doing a site visit. They don't just They don't just dream up these conditions. I mean they they do a site visit and determine whether it's
observed.
Right. So so they do it based on actual observations of of habitat. So I Yeah. But natural resources could probably tell us whether when they when they a went out there whether there was evidence of this prior disturbance activity Or not.
They investigate a lot of sites and so
They probably would be able to again she mentioned it was fire break Um it was done by the previous owner uh two years ago.
I I all I'm saying is I think it would be helpful to have their input on the allegations because they do they did an actual site visit to look for these species and to look for the habitat. So
Um I guess what I'm trying to say is But that allegation is against the owner, not the Not the applicant in the case. Okay, they may if the owner went out and did this and I'm not saying he did or he didn't Then the appropriate means is code enforcement cites him for some violation of county ordinance and or F W C or U S Fish and Wildlife comes out and cites him or arrests him, as the case may be, for some violation of
state or federal law, but
Well
i i it might in the sense that if there was some mitigative measures required as a result of that violation, it might result in additional conditions on the developer. To mitigate for those prior disturbances. So Um And but I don't know whether natural resources found evidence of prior disturbances that would require additional mitigative measures. I don't know if they know about this complaint and whether if
it's found to be valid, whether it would result in Additional mitigative measures. I mean
So That's why I think it would be helpful to have their expertise when we have these discussions, I I didn't know that they weren't available, so
Terry, were you gonna say something?
Nictorious Pito's planning and economic growth. Um we can talk to natural resources and they can be present at the BCC public hearing with us.
Okay.
Okay. It's just interesting you all have like transportation people on call, you have utilities people on call For some reason you don't I that's why I'm not sure why we don't have natural resources on call, but
we'll we'll talk it over with Keith.
course of events, it's just a standard condition that you'll comply with state and federal law with with regard to listed andor endangered Species.
And I'm curious, I'll be anxious to learn. I mean I have piliated woodpeckers on my own property. I don't know.
prior to this hearing that they were violating State or federal laws it relates to in species. So That would think that we think the natural resources might be here to speak to it. That that's that was my kinda my point.
Okay. Yeah, go ahead.
If I could, Cammy Corbett again, just there are issues related to gopher tortoises in this letter dated November 14th that have been in the record with your staff since November. So I don't really think that, although the specifics of what were what was presented today in testimony in terms of what was disturbed or not disturbed. Came up maybe today, but it's been an ongoing complaint of the residents regarding natural resources issues. So I think For me, I presume
that since we dealt with it in the conditions, the natural resources staff has reviewed this application and has not found any issues with it. I don't have any objection, obviously, to going forward having them available, but I don't want it to anybody to go away from this hearing to think that this is a brand new issue that came up today for the first time. These folks are opposed to the development. They were opposed to the development when we had our neighborhood meeting. The gentleman testified himself. and it's in his sworn statement that he raised the issue of gopher tortoises during our November meeting in our our community meeting. So this is not a new
new issue that's just being brought up today. But the
complaint wasn't filed until just recently.
N this this letter November fourteenth, which is I think the same letter that you received today, has been on file since November.
Well that's a different person. So that's
they're different they're both raising similar issues. Dr. Yacht's letter raises issues of species and gopher tortoises and habitat. Um and again, the gentleman's sworn statement, written statement, and his testimony today, Mr. Strickler said that he raised this at our neighborhood meeting and has testified that he talked to us about it at the neighborhood meeting. So this is not a brand new issue that came up today. And again. No objection to pursuing, you know, verifying and making sure going forward to BOCC natural resources available to answer any questions. But again, I want the record
to be clear, this is not the first time that this has come up.
Uh David, just for the record, uh S Audubon does list that there's an eagle's nest to the northeast of this property, but it's outside of the six hundred sixty-foot buffer. But it's not on the property. Right. So that is something that uh uh Mr. Semino's group would definitely need to uh coordinate with uh FWS or or the like. So the condition that's in the conditions of approval is is appropriate for that.
I have a question for Denise. So the the MP is expired, correct? So the current zoning is AR, is that correct?
So that that's not really how it works. It's just an M P U D with no entitlements.
Okay. Yeah,
so it's M P U D with no entitlements to M P U D. Okay. Yeah, it doesn't revert back to it's not like PUDs, which were sunseted. So if a PUD is expired, then it reverts to what the district was prior to it being PUD. Okay. M PUDs are not set up like that.
Okay. But the one thing we need to keep in mind. is that the current future land use is RES twenty-four. Right. So they could come in and ask for any multifamily district that complies with the Res twenty-four. And I think the applicant said they were actually in in the number of units proposed. having a significant reduction in density from what would otherwise be allowed in the res twenty four flu capital.
And they could be doing they could have come in here and asked for an M P U D for Or is this in the urban service area or outside the urban service area?
It's it's in the urban service area.
Right. So in the urban service area there's no height limitation. They could have come in here and asked for a high-rise apartment building on the same site under res twenty four. Not saying that from a business perspective that might be the right or wrong place, but they could have done that.
Yeah. And there's just there's actually hotels on nineteen that you know, the back end are just single family homes too, so I've seen that. Could be worse.
Yeah. Okay, uh anything else up here?
With that I'll look for a motion.
So so if we move for approval, should uh do we need to mention that we Recommend an environmental person be present for the BCC meeting to That
since it's not really an additional condition, I don't think you need to, I think staff have gotten the message on that issue. Sounds good.
Yeah.
I just want to make a very quick comment.
Sir you have you'll have an opportunity to make any comment you want to the Board County Commissioner Oakley.
You uh this this matter still has to go to the Board of County Commissioners at a public hearing, so any additional comments you have you can make to the Board of County Commissioners.
We're a recommending body to the Board of County Commissioners.
Limit to their comments. And we did.
They they had a rebuttal period as the applicant. The way the the procedures that were outlined at the beginning they had five minutes and and they held some of their time.
But
if you think
they said anything incorrect, you can bring it up to the Board of County Commissioners.
Well you know that's that's a that's a promise.
Mr. Chair. If it's all right. I'd indulge the gentleman if he wants to come up. I'd happy to ask him a question so that he can have another minute to
Just make sure you understand that the applicant then has a chance to reply.
Do you have a question? Sure.
'Cause he never answered my first question.
All right. Yeah.
Go ahead, I have a question for you.
Am I invited?
You need to come to the podium. Yes, I'm inviting you because I need to ask you a question.
What can I say?
Uh
no, the only thing I want to Oh He's gonna ask you a question.
This will be very quick. He's gonna ask you a question. Oh I'm sorry go ahead. And you can think about the response.
Sir, you need to stay at the podium. I can't hear.
It sounded like there's probably gonna be a motion to recommend approval of the development to the Board of County Commissioners. Is there some Reason in the comprehensive plan or the land development code that this should not be approved.
Okay.
M my understanding and remember I'm not a lawyer. I'm just uh uh partially retired doctor, okay? We came up here not as experts. but think in terms of the impact on our community, which is a zoned agricultural, which it was before. Uh Miller brought up his rezoning request that we did not, as uh Linda Bell so uh amply discussed, we did not challenge because we did not anticipate anything more than a a uh decent looking
uh Miller like uh mobile park, 'cause Miller builds very nice parks, okay. And I worked I was on w on boards with Miller when I was a health officer. He's he's a stellar gentleman. This is not about Miller. However I first I want to confirm what Scott said. I saw right behind my co property for two weeks or so. Thinking that whoever was doing it had permission to do it. I mean, I wasn't going to question it. Come in with their bulldozers and chop down trees.
Okay, so I am just confirming what he told you. We're
not re-hashing testament. The question that was posed to you was in the Comm Plan and the Land Development Code.
The only way I can answer that question, as I said, I
am
not an attorney and I am not an expert on the codes, but my My understanding is Pasco County, when someone builds something in Pasco County, they're supposed to respect the character of the community that it's in. This does not respect the character of the community that it's in. And that's all I'm gonna say.
So I get I'm so how is that the case? The future land use designation on the property is residential 24 units to the eight. Okay.
Okay. Well this
is now zones agricultural,
you tell me.
So your your area is zoned agricultural, but the the land we're discussing right here has a future. But as a future land It has a future land use of twenty-four units per acre. So and that was already passed as part of the comprehensive plan years ago. Okay.
I I my only final comment, and I really don't want to prolong this. You'll you you guys vote how you want to, but this is not our community. Two hundred and fifty units bringing in a thousand people. uh uh with a wall that will deteriorate over a few years falling back on the homeowner associations. If this is the kind of community you want to put in the Highlands Fine. I mean we'll live with it. Uh hopefully you'll respect some very reasonable conditions which involve traffic,
flooding, uh buffer zones, uh people not peeking into our properties from high rises. But that's this is your bellywood, not mine.
Well and I thank you for the opportunity. I mean I I again I on those points, I think a lot of those points are going to be addressed or are addressed with this M P U D. They're providing a buffer. They're they're limited in height. I I think there's a thirty five foot height limitation. Um the the traffic they're they taking care of the traffic. They're gonna be required to take care of of stormwater in in all their permitting efforts. So it it's not that they're not gonna be required to do anything. They're not getting a free pass to go out there and build what they want. Um but uh just y you guys need to understand
the process. Um and again. it comes down to a a property rights issue in in some form or fashion for that current property owner as well. I mean he's entitled to have something there just like the person that developed your property had a right to develop your property into something. Um
So the the thing I see is We're asking for two hundred and fifty. Platted town homes. So figure somewhere between two and three people live in each town. So if I give the maximum three, it's seven hundred and fifty. Permanent. Residents. Properties that will be under fee simple ownership When it's done. Whereas the prior development was an R V park with four hundred
and ninety nine spaces of transient residents.
This would have been an upscale park. That's what it told us.
And I can think of Further south on nineteen, quite a few R V parks that now have a lot of permanent to semi-permanent residents that Maybe. maybe aren't the county's most stellar residents, but
And if you had three residents per R V that's fifteen hundred.
to infringe in our community. because of the quality of those parks. There were low quality parks. Uh in in no, I'm not defending Miller, but I'm telling you. Uh he his uh presentation to us showed the kind of parks he runs, which are very, very upscale, nice parks. And as Linda Bell said, we uh we didn't have too much of a problem with that. But I don't as I said, I don't want to prolong that. Yeah. Uh you you you knew you see what they're building here.
If you feel that's appropriate, then you vote the way you want to, with the with the appropriate conditions, I hope, and then we go from there. Look, we'll live with it. I'm not
I've been in
that home thirty years. I mean I
again I know the point's already been driven home, but th the there's a lot more that could have been asked for.
Okay, maybe so. Okay.
Thank you. So Um I just have one more question for the staff or the applicant. In can on the issue of buffering Um condition ten. It talks about a six foot privacy fence. Um Can somebody elaborate what that means? Does that mean opaque? Does that mean Like I don't know what kind of fence.
Well I I just want to make sure uh for the record what the intent is when we use the term privacy, what does that mean? Does that mean it's fully opaque, does it mean
Can record again for the record. Yes, it means opaque.
Okay. So it's likely PVC or wood?
Some type of material like that, yes.
Right. It's actually in the code. So if you look at the code, it tells them exactly what the material has to be and what it cannot be. And I'm sorry for interrupting.
Is I'll ask staff, is that a defined term in the code? Privacy fence? Yes, it
is.
So I would prefer to defer to Brad um Tippin on this item as he is the uh the the person who's devoted authority for that section.
Brad Tippen. Uh when we look at buffers and fences within buffers as part of the six foot screening, they are required to be op opaque by the code.
Is there any further specification on type of material?
Uh not wood, but it can be block, it can be PVC. So just not wood. Yes.
More chain length.
I I'm just trying to help
you
just let the staff the only reason I'm asking this question is
Well,
if it's not a defined term, I'm just wondering why we're not using opaque I'm quickly
checking appendix A right now for you, David.
And no, I do not see privacy fence as a defined term in Appendix A of the L D C
can we change that word privacy to opaque?
If that would help clarify, I'm I have no objection.
Does the applicant object to that? No. Okay.
Okay, well whoever's making it well first of all you let the applicant do you have any additional rebuttal?
The only one brief point that I would make is notwithstanding the fact that those properties to the east are zoned agricultural, they do carry a future land use category of res six. And we are consistent with that.
Mm.
So um Whoever's making the motion if you could do it if you're gonna make recommend recommend approval. If we could do it with a change to condition ten, changing the term of privacy to Opaque.
Okay. I I will make the motion to approve with the uh change in condition ten from privacy fence to opaque fence.
And I
will second that motion.
So motion and a second. Uh any other further discussion?
Yeah.
I just want to say
The owner, the developer. Part of one of the one of the elements in our comprehensive plan is that we recognize property rights. And I look at what this development could be. With the current future land use category and What the applicant has proposed and We're looking at densities that are in line with the Res six future land
use category when they could have been res twenty four by any other applicant and I will very frankly tell the residents, this isn't the first time I've seen this property. Somebody came in my office a little more than a year ago and wanted to zone this to industrial.
So I think it's a much better proposal for your area. And I'm not insensitive to your AR zoning district. I live on AR zoned property too. and I have chickens And maybe before the end of the year I'll have some piglets. But So I'm not insensitive to that. But I look at what this could be.
And what the proposal is And I find that far more compatible with your neighborhood than what the person that came into my office and wanted to rezone this into an M P U D for industry. Which could be could provide a lot more light intrusion, noise intrusion, possible pollution issues. And I want to assure you all 'Cause I work with this staff day in and day out.
These people are going to have this development examined from one end to the other With a rigor And I think Mr. Simeneau can attest to this. Um in quite rigorous fashion. And they're not just gonna submit one plan and get a permit in a couple of weeks. This is gonna go back and forth for probably a year with the staff before this is all hammered out and with the Southwest Florida Water Management District and with the DEP over the utilities there's gonna be a lot.
of eyes that look at this thing. So I want to assure you that they're just not going to come in and mow everything down and kill every endangered species that may or may not be on the property. and cause all kinds of noise, light pollution and the other things. This is gonna be looked at, so that's why I'll be
voting to approve. That's why our laws are written that way to protect against that. It's they're very specifically written to to uh protect the people that border that property for those reasons. So and they and they won't be able to circumvent those laws. So
Anything else? Okay, there's a motion and a second. Uh with no further discussion. All in favor? Aye. Opposed? Motion carries.