PC16 PDD 230326 Shady Hills comprehensive plan amendment
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The county’s agenda for Planning Commission, Jun 22, 2023
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The county’s minutes for Planning Commission, Jun 22, 2023
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Machine transcription of 31m of recording, with speaker names inferred from voice matching. 92% of 180 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. Hi, it's Mazilli. Staff planner with long-range planning and I will be presenting item PC 16.
PC sixteen is actually PDD twenty three zero three two six. It's a small scale comprehensive plan amendment in the name of C Pass twenty three oh two Shady Hills. Let's start with an overview of the project. The applicant is proposing a small-scale comprehensive plan amendment to change the future land use designation from Res1, residential one dwelling, ooh, excuse me, one dwelling unit for gross acre to COM commercial on approximately 1.30 acres. The purpose of
this amendment is to remedy a conflict zoning which was established when the comprehensive plan was adopted in nineteen eighty nine. The subject site is located west of Shady Hills Road and south of Bosley Drive. The existing zoning on the site is C two General Commercial Zoning District.
Now let's discuss the subject site starting with the location. As you can see on this map, the subject site is generally located in the North Market area.
This is a zoomed-in view or aerial view of the exact location of the subject site, as you can see. It is located off Shady Hills Road, approximately six hundred and thirty five. Miles, feet um south of Bosley Drive and the subject site is currently vacant.
And this is a zoomed-out aerial of the subject site. It's showing the context, the local context, and the existing conditions surrounding the subject site. As you see, and I'm gonna use the little spotter, the subject site is surrounded. by auto dealership. Auto repair shop, a tire shop and a used car storage. So The subject site is predominantly in a commercial area, and
it will not act as an intrusion to the area.
This is the existing zoning showing the site as C2. C2 is also to the north. South. and east of the subject site. To the west there is Rezuan. I'm sorry, AR, agricultural residential.
And this is the existing future land use showing the site as Res One. Res One is also to the north, west, south, and east with this parcel over here, which is a tire shop as comp.
And this is the proposed future land use map showing the conflu on the site.
This conf flu will align with the existing zoning and it is a compatible transitional land use to the surrounding uses.
Planning and Development found the proposed amendment to be consistent with the following comprehensive plan policies. Policy flu eight point one point five North Market Area Establishment Policy flu one point five point two conflict in zoning so this policy says that the county shall address conflict zonings and shall review um existing zonings and their consistencies and inconsistencies with the comprehensive plan. The subject site was zoned.
C two in nineteen seventy-six. However, in 1989, when the comprehensive plan was adopted, it was the flu designation on the site was established as COM, or as, I'm sorry, as Res One, creating a conflict between the land use and the zoning. What the applicant is here today is pretty much clean up that conflict zoning and conflict between land use and zoning. Policy flu 1.6.2, location of commercial development, and policy flu 1.6.4,
neighborhood commercial uses pretty much go hand in hand and um the proposed amendment is consistent with them. Since the subject site meets the locational criteria, the subject site is not located within internally within a residential neighborhood. It is actually of state Shady Hills Road, which is a collector road, collector vision road, I must add, and Bosley Drive is also a collector
vision road.
Policy Flu 1.6.3, transitional land uses. Policy Flu 1.8.7, economic development. So generally speaking, calm flu has a much more economic and fiscal impact to the county than residential uses. And um The this proposed amendment will generate more revenues to the county than um the existing residential use. Then we have policy flu 2.3.1, rural character areas.
Um the subject site is located in a rural area. However, the proposed development will not cause any intrusion. It will not add any more intensities. Um what the applicant is trying to do today is pretty much use the commercial entitlements that were set forth in the zoning in nineteen seventy six.
In conclusion. Planning and development recommends the LPA to find a proposed amendment consistent with the comprehensive plan and recommend approval to the Board of County Commissioners.
Very good.
Any questions?
Questions? Anything? No?
The applicant is present if anybody has more questions.
So would the applicant like to speak? And is there anybody here to speak? Uh in an in a opposition. Okay. Do you want to come forward or you want to wait to hear the outcome?
If you give yours us your name and your address, please. Yes, sir.
Uh my name is Marlo Johnson. I actually live at [address removed] where the The proposed land bumps right up to my to my property. I mean I Brinted up some pictures. I'm not sure if I need to give them to you. Mm. Um it shows the community. She stated that it was Prom predominantly commercial, that is not true. And that's why I printed the picture so you guys get an idea of there is residents all around me. So
excuse me, are you speaking for the applicant or for your
I'm speaking for myself as opposed to you said anybody want to oppose and I raised my hand?
Yeah, I was wanting to ask the applicant, is there an applicant here? Did you want to speak? Or you want to wait to hear what the objection is. Uh Okay, go ahead then.
Okay. Um so sorry, going forward, I am if you as you see on the um the pictures that I am bumped up directly to them. Um when they were installing the fence, I spoke to the son, he made a statement in regards to that they were going to park Trucks. on the property. That property's been agricultural Since I've been there since two thousand three. Okay. Um again it is a it's a small community. There is the marathon
down the road. Um and there's a gas station. Do you have You do have a repair shop across the street. He's been there for a long time also. And then you have a very small I wouldn't call it a I wouldn't call it a dealership, but It's there regardless. My concern is a few things. How does this benefit the community? At what point does it it doesn't create jobs? It creates an eyesore. There's also a picture in there across the street. That has a Uh
Semi's park there. Which is what the ideal is for that piece of property from what the Sun stated. There's trash. um broken down you know broken down trucks down there. The residents of only around two thousand five paid for the the road to be paved. It was dirt when I first moved there. the issues they were doing a survey. I'm assuming that there are no Uh trying to expand the road maybe? My concern is who's gonna pay for that? Who's
gonna maintain it? along Shady Hills Road. The entrance is on only lane. It's not on Shady Hills Road. And the pictures will also show you how narrow our road is. and the having maturity going in and out of it. is not going to be able to sustain that to include the turning off off of Shady Hills Road is very narrow and Full of sand. Um You know, I I'm we're concerned about the the The
noise, we're concerned about whether they'll be sleeping overnight, the trucks are gonna be running, how it affects my property. My taxes. Who's gonna pay for the expansion? Who's gonna pay for the maintenance on the roads? the oil, the diesel seeping into the soil, affecting the water, 'cause we all have well. I mean i it's it's on and on. It goes I I look right out my kitchen window and see the property. I mean think about how you would feel if you had to live next to that. It is again, it
is majorities community. I'm not sure. You know, Bosley has something like that only because it is two lanes. Only it's just a street. Even expansion is not gonna give it enough room to come on that incline up on our road to swing off a mariner, off a Shady Hills Road. So, you know, with that being said, I want you to take into consideration I mean I understand it's beneficial to them, but I don't know how it's better for the community. As you can see it's all sand because it doesn't The only one that benefits
is the is the person who bought the property who's gonna lease it out. Also there's already a sign up there that says Lease property, I mean kinda presumptuous, you ask me. But I don't know who else is here from the community. I just know that I had to say my piece because I'm bumped right up to him.
Did you uh when you acquired your property, did you know that was zone C2 correctly?
No, no, sir.
Didn't check.
No. Well it's I'm sure it's in my paperwork. I've been there since two thousand three, so I'm getting older. I probably I probably noticed during the sale, but not
I mean it's been z evidently it's been zone seat commercial since nineteen seventy six. Okay. So that's the same thing.
combining the future land use and the zoning. Because back when we had zoning There was no future land use. Didn't have it back then.
Right. It was just a little bit more.
So now there's a conflict. We need to we're trying to resolve the conflict. Yeah, but i ha if you had checked when you bought the property you'd see that it was zone commercial. That's that's my only concern.
Well I and I appreciate your concern, sir, but you uh you have to understand my concern also being there so long. The last thing I'm gonna do is look out my kitchen window and see that. Right.
Okay. Did
you have something Mr. Adam?
Yeah, I just had a question. The The picture looks like you're showing the fence on the piece of property that's at the corner of Olney and Shady Hills Road.
is their is their property that they fenced off. That corner Going north up Shady Hills Road. Turning on to Old Land Lane and I just wanted to show that corner how that sanded.
Isn't the property we're talking about today six hundred feet south of that corner? It's it that whole property is that parcel is not the parcel we're here talking about today. That we're talking about the next parcel to the south. Do you have can you go back can somebody go back to the map that shows the
Yeah,
that piece
of property, sir, is fenced the whole four and a half, five acres they fenced it all. One was it's all wooded. It's all wooded. I'm not sure if they want to put it in the corner of that big old property, but it's all fenced in as one. How
how recent is the fence?
Two months?
Maybe a month? Okay. So we'll send code enforcement up there to take a look at the chain link fence on the col arterial roadway?
Yes we can.
Okay.
I just had one question. When you use the term bumped up, does that mean your property is a little bit more than a little bit of a little bit of a little bit of a little bit
of fence in my driveway.
Let me get the correct word that way. Do you share a property line with that property? I do. Okay, thank you.
Yes, sir.
again I I'll go back to my my question. The the parcel that's on the corner of only and Shady Hills Road Is not the parcel we're talking about today. The parcel we're talking about today is south of that in the blue with the black square around it or outline around it.
It's on Shady Hills Rolling only, is that not correct? Oh it's the one down low.
It's the next one to the south. Okay. That's why I don't the four point four acre or four point three six acre parcel you're talking about, I don't know that that's the one we're even here talking about today.
I don't know. I know the I got the letter about it being zon rezoned, then there's a sign on the thing saying leases for the lease. lease to lease the old property. So this is not at the corner of only.
It's
this is to the south of the corner.
Okay, so it's the other parcel he owns. Okay. I know he holds multiple, that's why I was here. It's the one right next to the car lot.
So therefore you don't have a property
Right, then I wouldn't have a c property bumped right up to it. It would be on only in the in the corner of that.
Right.
Okay. Thank you for hearing me. Appreciate it.
Thank you. Thanks for clearing that up. Harry? I don't think it's different owners.
Okay.
Planning Commission, the applicant would like to speak.
Okay.
Mr. Jenny.
Hi. High folk.
Oh my name is Sarah Botero and my address?
Mm-hmm.
Oh, [address removed]. Okay. I'm the applicant's daughter. Okay. Oh. Okay, so um just to like I conclude it. We're just trying to clean up the conflict between the land use and the zoning so we can use a site for commercial. And we want to follow the rules and resolve the conflict from residential to commercial. And we have been paying the taxes for the land that is currently not being put to use, knowing bought it as commercial and it being residential. This land will produce more employment for the community and will follow the rules as well as it
was being shown. That was not our property that was being shown and those are not our intentions with our property. Um there's already commercial properties in that zone, so it would not be an intrusion to the zoning of the place.
Um oh we're just planning to like my dad just like park his truck there. What kind of trucks? Um it's a What what kind of traffic?
Okay.
Oh it's an eighteen wheeler truck.
And then
used for what purpose?
For storage.
Ma'am, you if you're gonna speak you need to come to the bike.
Well can you give her name and address for her, please?
Her name is um Paula Londona Botero. Her address is [address removed].
So are you gonna repeat everything she says or 'cause the clerk needs to pick up what the testimony is saying. So just just say out loud what she's telling you.
Yeah, so um my dad um has a truck company, Pipes Trucking, and we're just gonna use um that property to have his truck as storage.
What kind of trucks?
A an eighteen wheeler.
The purpose of like our c like our company, like he like my dad's company, like he uses the eighteen wheeler to like transport things for like work. So we would just use that property to what
things do we transport?
Um
Like dry goods, food, water, it's like companies. Okay. Stuff.
So it's not a sand hauling truck. It's a It's a truck that brings stuff. Is there gonna be an office or something? Public or someplace like that.
Yeah. It's a box drunk. Um there's an office. We're
just going to
Check my gel. Como se dice Pon.
Yeah, no, there would not be an office.
So like a cover cover.
Yeah, it would just be a cover place to like wash the truck and like keep like stuff there to like fix the truck and stuff. Yeah. All right. Thank you. Okay. Thank you
very much. No, no, that's fine. Is there someone else back there that had their hand up? Yeah.
Well just so we're clear, we're gonna if you're gonna get more opposition, you're gonna have to give them another chance of rebuttal. That's fine. Okay.
That's why I was trying to get the opposition up here first.
Jen Carouac [address removed]. Um I am just coming in um concern, uh definitely understand that the the applicant needs to be able to utilize their property as as they intended when they purchased it. But again, um the concern is is that you know Um you know, the conversation regarding Shady Hills Road keeps coming up. It's
it's gonna keep coming up, um because you know, the more commercial use without, you know, and again it seems to be there's from my perspective, and I may not know everything, okay, but you know, the planning Um for the north to south from County Line to 52 with regards to the capacity of the road. And the things keep coming in and and we don't know today it could
be her dad's, you know, semi-hauling fifty three foot trailer and tomorrow he could bring on other trucks. We don't know. And there's already an excessive amount of of of you know, um traffic without, you know, there's minimal traffic lights, there's honestly minimal street lights, you know, there's a lot of of infrastructure concerns that I believe need to be addressed.
Um prior to continuing to agree to the rezoning planning. you know, future land use for for each and every spot on on Shady Hills Road. And I mean I have a video, I I apologize, I was here a little I was tardy today. I I apologize for that. Um But um you know the there just yesterday I had a guy who came and
I helped him get to uh a rehab facility thankfully. He was hit by a bike. He was on his bike and he was hit by a car and the car took off. And these are the people that are ending up at our church. We're we're doing our best to help. The community needs assistance. I'm I'm hopeful we've requested planning and development to attend our meeting next Thursday. And um and so that is I'm I'm hopeful for that and
I'm hopeful that we can start again. I'm here to positively collaborate. On behalf of our community, it is a very serious issue. We just got the FHP report for I believe it was 2022. There were nearly 500 accidents, and then that's along with the Pasco County report, which is separate from FHP. That was five four hundred and sixty-eight. So, you know, again, we're just trying to
appeal to you um as you continue to plan. Um this is still lacking and it's my understanding that still within the next ten years there is no plans currently for the road.
Okay. Thank you for coming. Denise question just logistically and I don't know if you're the right person to ask this or not, but I g I guess Obviously what we're here today is to clean up conflict conflict land use um How what triggered that? I mean, is is this use required? Are they required to submit a site plan? And when I went to submit a site plan, it came up that there was a conflict land use?
Yes, absolutely. That that's would would trigger typically trigger something like this. Someone comes in, asks a question, I want to develop my property. It's looked at. We looked at there was a rezoning in night in 1976. rezoned from AR to C2 and it's got a non a a land use that is not COM or ROR or those type of uses those type of uh land uses and we basically say there's conflict zoning it needs to be resolved they contact long range planning and that's
why we're here. So this will require a site plan. Development activity requires a site plan. So they'll have to come through the site plan process. Hopefully, they've already scheduled a pre-application meeting. Um or gone through that process um to talk about the development
And that was the reason for my line of questioning Denise and I are looking at each other because I just had a similar situation. Um wherein I've submitted a site plan where trucks will be stored, but they're associated with a contracting operation. I'm not sure what was described by the applicant is actually going to be an allowed C2 use. So I
will say one, I personally support the resolution of the conflict zoning and I've been here jumping up and down and beating my chest on behalf of the people out there in Shady Hills about resolving these conflict zonings because when they do come in to get site plans they will be required to do things like analyze substandard roadways, construct sidewalks along the frontages of the properties, and these are all the things that you've been here complaining that aren't happening in Shady Hills.
So this will be the catalyst to start that process. Unfortunately, what I'm hearing from the description of the applicant to their business, I'm not sure that's an allowed C2 use. That'll get determined by Ms. Hernandez during the site plan process, but Probably ought to go have a pre application meeting with her sooner than later. Or you may end up with the disappointing news about what your plans are for the property.
Yes, and for the record I'm shaking my head up and down saying yes that all this needs to occur.
Can I ask a related question? Yes.
C three aloud and calm?
And would this be a permitted is what they described would it be a permitted C three use?
I believe that that use is specifically described in I one.
Okay,
so it's not even a permitted C three use. Correct, yes.
We just literally went through this with Denise last week on a project.
Yes, deja vu, yes.
So
I guess the question is I mean are they w because they're going through this effort to get it to be calm Which does clean up the conflict, but It may not even allow what they're wanting to do.
Yes, if the company is a trucking company that is an I one Light industrial park district use. If the use is basically that it is a self-storage facility for those type of vehicles, then that would be under C2, subject to conformance with LDC 1105.
What flu would I one fall under?
I one would fall under I I L I L.
So the comm wouldn't get them What they want to do if depending on What they're trying to do there.
So you're saying that they can't even park their personal truck on that property?
They're not because
Talking about It's not a commercial enterprise and whether storing other other people's trucks. They just want to park their own truck.
If it falls under the definition of um commercial commercial vehicle storage, then that would, you know, that's a permitted use in C two, subject to compliance with section eleven oh five, which is self-storage standards.
So then there is a scenario where they could get, depending on what they're doing,
they can make it a C2 use. That's why we would certainly love to have uh a pre-app meeting as quickly as possible.
Okay.
My own personal experience. I have a client. Who has C two property on US nineteen with an ROR flu. and they parked their personal box truck on the property and were rewarded with a code enforcement citation for doing so. So no, the answer is you can't just park your personal truck on the property. Or at least that doesn't appear
to be. Or at least not an ROR, but maybe a C two.
Well no it's uh it was C two's own C two R O R flu. Right on US nineteen.
Mm.
So I'm and and the applicant can state this, but I'm hearing from the team that the applicant also has an idea of doing a vehicle dealership at that location, which that would be a C2 use, of course, subject also to development standards as stated in the land development code. Um so that would be uh C2 use.
I mean regardless, it's kind of moot. We're just trying to clear up the
conflicts
at this point. That
sounds like they need
to have a
check. I
am
all for doing and I would be all for staff initiating the preamp the the correction of the conflicts on all of the other surrounding ones, as I've been saying.
And and for what it's worth to explain to um I don't see her the young lady that was talking about the growth in Shady Hills and you know, Shady Hills when uh The comp plan came out in 1989. Shady Hills was a much smaller travel road. There was a lot less traffic there and a lot less growth in the area. And obviously even less so in nineteen seventy six when the zoning happened. So, you know, unfortunately we have to kind of evolve with the times and commercial seems to make a whole lot more sense along the high trafficked
area of Shady Hills as the area continues to grow and and some of that development is what's going to generate the uh the revenues to be able to make these improvements as
well. This is the catalyst as people if as these conflicts are resolved right and then they have to go through the site plan approval process, these are the catalysts that then become the requirement to construct sidewalks to fix deficient roads. These are the things that the the the group from Shady Hills that's been in here three or four times now that they've been voicing their concerns about. These are the things that are gonna start the ball rolling to get this fixed. I'd love to see all of these conflicts resolved.
Yeah. Hyatt could go back to the map that showed all of the other conflict zonings right here in the block. W well now we have the makings of a little Village center.
Right.
Well we can have the sidewalks and the street lights and
I I think we're all on the same page of trying to fix some of those problems, you know, but that's the way we we do it. Okay,
is there anyone else to
speak?
Mr. Chairman again. I don't know if they wanted to re provide any additional rebuttal or not.
Did you want to come up and speak again and re Respond to the Last person.
Yeah. Okay, what if it is I do not I use?
As we are talking right now.
Okay, ca um so from like all the what we've been like hearing and like you know learning about two because we didn't know any of like these issues or anything, um, would it be possible like if we decided obviously not to like park the trucks there since as I'm hearing that even if this does get approved, it might not even be allowed under C two? Um if we just decided to do like the dealership, which I've heard that is allowed.
That's something you can work through with Denise's team to kind of figure out what's allowed and what's not allowed through that. So absolutely they'll help you with that.
Okay. Okay. That's it. All right. Thank
you.
We do have your your email address and then what I'll send you is all the instructions on how to submit for a pre-application meeting so we could discuss the matter. Okay. Thank you.
All right. Any other questions, comments from the public? Mr. Chairman Mariano I'll second that. Have a motion to second. Any further discussion? Roll call.
Mr. Jimmy Girardi. Aye. Mr. Derek Contlett. Mr. Peter Hansel. Aye. Mr. John Moody. Aye. Mr. Christopher Poole. Aye. Mr. Chris Williams. I And Chairman Charles Gray.
Hi. Thanks. Okay.
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