P64 PDD 2207587 Bolton Avenue mobile home rezoning

1:24:15P sixty four.

1:24:16P sixty four, thank you very much. Do I need to sign anything? Jack, I gotta leave here. No later than the easy.

1:24:26Item P sixty four was published in the Tampa Bay Times on January nineteenth, twenty twenty two.

1:24:35Before we get started, um staff has um revised the agenda memo which has been submitted with the clerk's office to add finding fact number two, which was a voluntarily agreed upon deed restriction. Um staff has also received ex parte communications from Commissioner Mariano's office. Um P sixty four P D twenty two dash seven five eight seven in the name of Habid Enterprises L L C is a zoning amendment from AR Agricultural Residential District to R One M H single Family Slash Multifamily Home District.

1:25:07The subject site is currently located on the north side of Bolton Avenue, approximately a hundred feet west of Hicks Road.

1:25:15Here's an aerial view. The surrounding future land use to the north is Res 6, to the east is Res 3 and Res 6, to the south is Res 3 and Res 9, and to the west is Res 6. The surrounding zoning to the northeast and south is all AR zoning. To the west is R1MH, which is the same zoning district that the applicant is proposing. The parcels to the left of it, to the west, there's about 16 parcels, each of them being half acre lots on approximately

1:25:459.7 acres for reference.

1:25:50The subject site is currently undeveloped on approximately six point eight five acres. The applicant proposes to develop the property with mobile homes in conformance with the R1 MH single family mobile home district standards. The surrounding area is characterized by residential development consisting of site-built and mobile slash manufactured homes. The subject site currently has a future land use classification of res six under the comprehensive plan, and access to the property is from Bolton Avenue and Hicks Road, which are both county-maintained

1:26:21local roads. With approximately fifty feet of right away. On February 17, 2022, upon consideration of the evidence presented at the Planning Commission hearing, Planning Commission decided to disagree with PDD's staff recommendation and voted to deny the application. Um after that vote um The applicant has submitted voluntary deed restriction limiting the maximum number of dwelling units to eleven. This is coming with

1:26:51a recommendation from PDD staff for approval and planning commission for denial. I'm here if you have any questions.

1:26:58Mm.

1:27:01Madam Chair? Yeah. So I I met with the the neighbor who spoke at the last meeting. I met with Donald Carey out on site. We walked the site. Uh talked with Terry Pitos, talked to Denise. Um

1:27:18about this facility, what we can actually do with it. I don't mind the density. Uh he's right now at at approve for eleven. I wouldn't mind if he even went to twelve units if he could make it fit. The biggest concern was the drainage as far as uh it is a closed basin, verified by staff. I don't want to go through all the loops that uh you have to go through to make it a basin of special concern, closed basin of special concern, but I do want to see us put the stormwater requirements into it. Um We've talked to the applicant. The applicant's agreeable to

1:27:48it. I don't know if sta staff has a language to add in it right now. But I'm gonna be happy to move this forward. So Do we have the language we need to go put the stormwater requirements in there?

1:27:58Who

1:27:59Commissioner Yeah.

1:28:01This is a Euclidean zoning. You can't condition it.

1:28:04Can't condition

1:28:04it? No. I mean i if they're gonna add a deed restriction, uh that may be something that that could be considered. But it's but this is a this is a straight zoning category, so i you can't ta tack a condition on it.

1:28:21I mean you you could do it through uh Much like the reduction in density, you could do it through a deed restriction type Okay.

1:28:31So if you guide me to what we need to go put in there, th the the the applicant's agreeable to improve it. So How how can we go about it? I was trying to get with Stephead time to get this squared away.

1:28:42So um there have there has been discussion and of course we have to call for public comment and have the applicant and all that. But my understanding is the applicant is agreeable. To design the site, include that as a voluntarily agreed upon deed restriction on the site to design the site in accordance with the closed drainage basin requirements of the Land Development Code 902.2 point N4B.

1:29:14So it's a little bit more than a little bit. From what I heard from the commissioner, correct me if I heard something wrong, but it is it is not while it's not a b basin of special concern, it is a designated closed basin.

1:29:28I am not certain that it is a designated closed basin. I believe that Mr. Donald Carey is in the audience who may be able to answer that question.

1:29:39It looks like he's coming to help you.

1:29:46Donald Carey, Engineer Three Public Works. As to the question as to whether the basin is closed, yes, the the property is within a closed basin.

1:29:55Okay. So that w so I'm assuming that the the provision that Denise Red would kick in anyway if we're if it's a designated closed basin.

1:30:07Yeah I I don't believe so because what uh Denise was referring to was from the Basic

1:30:14concern. Is that was that the the reference? Okay.

1:30:21So the the eas if that's if basically if the applicant is willing to design to the Basin of special concern standards um and is willing to do that through a

1:30:37deed restriction recorded prior to development or prior prior to the effectiveness of this zoning Ordinance. Um that would be a way to get to where you want to be. Okay.

1:30:53Thank you very much.

1:30:54And you've driven this area?

1:31:03Hurry. It's just out of the park. I could drop pins on all kinds of lots here and send somebody out.

1:31:08Okay. Now we had the hearing last last time. We continued it. Do we need to open up the public comment again?

1:31:14I mean it's a mess.

1:31:18This is the

1:31:18first time

1:31:19this was in here, I think.

1:31:22Yeah.

1:31:23Okay. All right, so you so we didn't have it open. And I think we do have sign ups. We just continued straight out. You do

1:31:29have people sign up.

1:31:35Um what

1:31:36is that?

1:31:37In the in the memo, agenda memo it states um

1:31:43Sorry, change in zoning from AR agriculture, residential to R Yeah. Hold on one second. Yeah. Hold on one second. R yeah, R one M H but right now if I'm not correct, you can actually have what up to six? um manufacture homes on the property? That is

1:32:04yes, by right, yes.

1:32:05Okay. Okay. So originally the ask was a planning commission for fifteen And now The applicant has gone down to eleven.

1:32:16That's accurate.

1:32:17Okay.

1:32:17Yeah, six point eight five using two point two per acre would have been fifteen.

1:32:22So today they could go out there and build, would not have to do any of these drainage improvements. At all.

1:32:31Literally go out there and build, right?

1:32:32They could do six manufactured mobile improvements.

1:32:37Well

1:32:38the they w they would still have to go through a preliminary development plan and all that. But they would not have to

1:32:42do to the extent.

1:32:43Not particularly that's correct.

1:32:44Commissioner Mariano has asked them to do via deed restriction, correct?

1:32:49That's accurate.

1:32:50Okay. Thanks for all on the same page here.

1:32:53Yeah, but what kind of So When someone builds puts a mobile home on here, what kind of rules do we have for that? I mean it's not a subdivision with Deed restrictions, I g I'm guessing looking at the neighborhood. I don't know, what what happens there?

1:33:11Can you be a little bit more specific and I apologize, I I don't think I understood the question.

1:33:16Um Do they have to have driveways? Do they have to have landscaping, grass?

1:33:22We'll have to have of driveways in terms of landscaping. Um there isn't a specific landscape code um other than what So anyway, they'll still they'll still have to comply with um the the general land development code and the requirements in the land development code. Are you looking for something

1:33:44it would have to go through I think what the commissioner

1:33:46is asking? They would have to do a preliminary development plan, they'll have to go through plating.

1:33:50Yeah, it it's uh either a minor rural or it's a full blown. It's probably full blown subdivision. It's a

1:33:57six,

1:33:57it's gonna be

1:33:57full

1:33:58Yeah. And so there will be some kind of someone's gonna look at that kind of stuff?

1:34:02Yes, absolutely. I mean even if they developed it with the six six lots, it would still have to be looked at that way. It's gonna have to go through plating because it's more than three parcels.

1:34:14I'd recommend you take public comment. Yes, we will take public

1:34:17comment

1:34:17now. And go back to questions.

1:34:19I have three individuals signed up for public comment. Do you want to hear from the applicant?

1:34:23Oh that's true. Okay. Applicant first, then then public comment.

1:34:30Madam Chairman Todd Pressman. Oh. [address removed]. Um good afternoon. I'll make this short and then if I may respond. Um Commissioner Moore in the United States. I've been sworn, yes sir. Uh brought up a good point. Currently, right now, six units could go there. Uh we originally came in at fifteen requests. We reduced it to eleven in response to the good neighbors' concerns. And further in response to the good neighbors' concerns, we're looking at having a much higher level of

1:35:01retention, detention. uh with help of the staff. So we agree to that and I'll Uh sit down so you can hear from the neighbors. Thank you. Or answer any questions? Thank you, manager. Okay.

1:35:14All right. Do you want me to call up the Yes. Okay. Yes. The um first individual who signed up, uh the name is William and Kathleen. No last name that I can see. So would one of you like to come up or both?

1:35:28Okay, we can we transfer the first talk.

1:35:32Whoa, where's he going? Okay, who's speaking?

1:35:39Okay. Call someone. Call the next person.

1:35:41All right. Um Miss Deborah, last name is long and I don't know how to pronounce it. Is it

1:35:50Good afternoon, Commissioner Oakley. Deborah Delia Dorinsky. Um I have a property well first I'd like to say we cannot be

1:35:59sworn you have to state your address and

1:36:01whether you've been

1:36:01sworn.

1:36:02All right. My address is [address removed] And I own the property directly behind Um The Habib Enterprise property. And that is at [address removed].

1:36:23And you've been sworn? Yes. Thank you.

1:36:25Um what I'd like to say is we don't have room for one more residential in that area. Because nothing has been done with the stormwater drainage. Um

1:36:38And my property becomes a total lake. I have a half acre that's vacant, I have another half acre where my daughter and grandchildren live, and that is becoming a lake worse and worse every year. Hicks Road has now been paved. From Bolton Avenue to Denton with future from New York. Avenue There's been no drainage put on that road. which makes it more extensive for

1:37:08my property. Um in Two thousand nineteen I emailed Uh Brandon, the public works director. to do something with the only culvert in that area, which goes onto my property. So from One street down from Little Road on Bolton. On Charmwood there is some drainage. After Charmwood on Bolton, there's

1:37:38no culverts, no drainage whatsoever, except for on my property. So everything that has been built up It's blowing to me. Yeah, it's It's gonna ruin my home. Um yeah, in 2019 I emailed Brandon. And we do have a uh I'm sorry, I'm nervous. Um I was given A project number of three one six one eight

1:38:09to clear out that culvert, which is overgrown. It used to be a ditch and now it's level property. I had to hurry over there one day to sign a paper to uh as being the property owner to have work done on that culvert and nothing's been done since 2018. So I I just can't see any more properties at all in that area until Hopefully Pasco County does something with the stormwater drainage. Thank

1:38:39you.

1:38:40Thank you. The next individual who signed up is Marilyn Waldruff.

1:38:55Hello.

1:38:59I own property We need your name and address for the record, please. Marilyn Waldorf [address removed]. And

1:39:07ma'am, have you been sworn?

1:39:08Yes, I have. Thank you. You may proceed. The drainage is a big problem on the street. And We all have septic tanks. And we feel that with the new construction, drawing water for wells, because they'll all be on wells, and they'll all have septic, it's going to cause pollution to our wells.

1:39:39by putting in twice more than twice the amount of properties that was originally called for, the six going to let's say eleven or twelve as were discussed, would be catastrophic to what's going on in the environment.

1:39:59We have all owned our property for many years. It's a well established neighborhood. We're all on half an acre. And to excessively build on that land that could actually help us with drainage and a and purification of our wells is it's really crucial. It's it's paving the world. It's concrete

1:40:29everywhere. It's driveways, it's roofs, it's has has that all been taken into consideration?

1:40:43I d I just hate the development. There there's mature trees there, there's owls, there's there's a lot of wildlife. They have nowhere to go.

1:40:52Thomas Shellwell.

1:40:54And and I heard that it's going to be all shallow wells.

1:41:00The septic is going to complicate the problem. And putting in more than What was originally designed is is really catastrophic for our neighborhood. I I hope you consider the the people who have lived there for so many years and help us for once instead of the development or Thank you very much for your consideration.

1:41:27All right. I'm gonna go back to William and Kathleen.

1:41:31Juliette

1:41:32Correct. Okay.

1:41:33If you could state your name and address for the record and whether or not you've been sworn.

1:41:37Yes, we've been sworn in and thank you, Commissioners. William, my husband, and my name's Kathleen. We live at [address removed]. And uh What's your last name? Mather, I'm sorry. Uh as was it brought up. We are very concerned about the drainage, the well. I think what Maryland was trying to get across is we all have shallow wells and that many units in there. Excuse me for saying this, but I for one do not want to be taking a shower on

1:42:07somebody else's sewerage running down. Um I didn't quite catch the first woman that spoke and she mentioned about the flooding. Our properties are slightly lower than what's across the street from us as opposed to Hicks Road. When it rains, and I'm talking good substantial rain, my yard gets a lot of water in it. I've dealt with it. I do a lot of gardening so I find it a little beneficial. But our main concern big time is the shallow

1:42:37wells, fifteen units with the sewer each problem. It's it's got to run off somewhere. And I'm sure it hasn't even been perked yet to see where it is going. And As Marilyn said, we'd appreciate it if someone really took a good look at the properties there. Six units, you could probably live with it. I've been on the county paper and I see there were three units in there at one time. Don't know what happened to 'em, I'm told, you know, hearsay it's they were dilapidated,

1:43:08token off. There's no road there except for dirt. And if Mr. Mariano Mariano did the walkthrough, you well know that it's all dirt. Right. Mr. Habib did make a clearing from that property out to Hicks Road. He's also dragged in the three Trailers already. One is somebody's living in, one on the very corner of Bolton that I'm sure you saw them. And he brought a third one in and they're used I assume because they

1:43:38need a lot of work on 'em. And it's it's heartbreaking to see when the two of us have built up our property and took care of everything, to see that they want to put so many homes there. And as Marilyn everybody says, there r there isn't enough room for it. There just is plus they're taking out the forest. This is why I had five acres over in off of um in Hudson but in the Highland area. Well we downsized. And we like the trees. They want to clear 'em

1:44:08all out. A few homes on that area, absolutely. Eleven twelve It's crazy. And I've talked to other neighbors and a lot of them didn't show up because their understanding was there were they were only replacing five. Well, with the pandemic a lot of people don't take off from work. And it it's sad. So we're here trying to speak for everyone. So I hope you understand where we're coming from. Okay. So

1:44:38I've been sworn in.

1:44:40Okay, name and address for the record.

1:44:42The uh You have to give your name and act. Oh William Mather. [address removed]. Six one six. Mm-hmm.

1:44:54Go ahead, you may proceed.

1:44:57Okay, which she's trying to say.

1:45:00That walked the whole property. because the property slants down and goes back up. So we are in the bottom.

1:45:13Of a gully.

1:45:15Now we all have

1:45:20Uh Half acre. Shallow. Shallow septics.

1:45:26Yeah.

1:45:27Well, well Now he bought this property Um The way I look at it, he wants to change the zoning from agriculture to the R one M H And that allows him to put trailers in.

1:45:48Our c my c our concern is there's nowhere for the septic To go. Except. Uh when he s when he bought this property, first of all he put a huge trailer in. And he fixed it up. And is that the entrance way? And it did not purge Perk for the drainage for the drain field. So he put an above. Uh

1:46:20Danefield air. What's the rest of the property gonna do? Is that gonna Have to be purged. I mean the p the purge perk just doesn't seem to work there. It's just a low gully and he wants a bad Uh trailer after trailer eventually. And it's gonna ruin our septic or shallow wells and i it just doesn't make sense.

1:46:49That's good.

1:46:51Thank you for your

1:46:53time.

1:46:55Thank you.

1:46:55And I see your lot's very heavily wooded. Madam Clerk's

1:47:00yes.

1:47:00His

1:47:01the His lot is wooded.

1:47:03They're in sure tree, they're beautiful.

1:47:04It's his lot. He could take 'em down probably if he wants to. Thank you. Okay, uh,

1:47:11there's no one on WebEx and no one else has signed up, but I think there's someone that wants to speak. Okay.

1:47:18I think he might have been the first person. He's not signed up. Okay. Well before um you speak, does anyone else wish to speak on this that's here? Okay. Anyone online? There's no one online. Okay, so this is the last speaker on this issue. Thank you.

1:47:33Oh yes, my name is Steven Parker. I live on uh [address removed]. Um Pasco County, open spaces, vibrant places. Don't take that away from us. What's gonna happen here is by changing what the future land use was for this place, this neighborhood. It provided a diversity for the zoning land use. There's a strip of houses that are Non conformant

1:48:05Pre existing nonconformant. That's right next to this area.

1:48:11And uh Those houses are right on top of each other. A whole strip. Then there's this piece of property which was supposed to be designated as six houses, and then there would be the area that I'm in, which is sixteen, which is given diversity to diversity to the area. We don't wanna take that away. We don't wanna take the vibrance away and make it and make it a house on top of house like a cuck you know, cookie cutting sheet. Well, Excuse me? Yeah. But somebody

1:48:41talking.

1:48:42Yeah, you can't you cannot talk from there, thank you. Um

1:48:50Yeah, pressing

1:48:53the zoning should be left as it was intended, which was six houses. And that was the problem with the mailing that they did. It was kind of a uh defective and uh the full intent was not transparent to the average homeowner. From what I talked to most of the people in the area, they've said, oh, they're putting six houses and that was basically it. And that's the understanding. Six houses may not be that bad a stress. We have a water problem. My uh my water sometimes during the dry season comes up like one percent milk in

1:49:23my c my glass. It's it's ridiculous. I have a right. to clean water. Plus the fact when the water gets that low, what is the ca what might be the cause of a of a sinkhole? in the area. That could uh be another problem that we could have by overbuilding in an area and s ruining the diversity of the area and the vibrance of it. We don't want to do that. The road infrastructure there doesn't support the volume of trucks and garbage trucks that will be brought into the area. Juliet is

1:49:53a U-turn area for all the trucks. The garbage trucks all come down there and and turn around. That road is completely destroyed. You can't ru you can't ride down it without rattling your teeth out of your mouth. And Bolton is just as bad. So this is a problem. We also have uh n uh uh Maryland is which is one over. We already have a uh a A trailer park in there. So you now you're gonna put like another trailer park on the other side of us? It d I don't think it was the original future intent for this this this property

1:50:24and to change it would be doing that. We also have the Hudson Water, which is like two blocks down, which is sucking water out of the ground there. So you know We have a right to have clean drinking water. If you dig down on the ground, you go down two, two and a half, three feet and you hit shell. It's lime shale. It's so thick the water doesn't penetrate it. And then you got these houses with these leaching fields and the septic tanks, which are going to be above that

1:50:54shale, and that water is going to run over.

1:50:58Thank you very much, sir. That's your three minutes. Thank you very much. And now the applicant gets to respond and then it's to the board.

1:51:05I'll keep this very short. I think it's important to recognize future land use category here is res six, which is six units per acre. Your staff report tells you to the north, south, east, and west are my all manufactured homes. But the critical issue, as you've heard, is uh stormwater. And um Clearly what is occurring now is the water, stormwater is going everywhere and anywhere with no control, no help, no assistance. So obviously, as commissioners are aware, we'll work with your staff. So this

1:51:35will not be in a uh just wild control of stormwater on vacant land. This will be controlled above normal requirements as worked out with your staff. It will control the stormwater and assist and directly address the issues that you have heard from the neighbors. That's good environmentally, that's good for stormwater and good for the neighborhood. To do it right and do it correctly and exceed those conditions, and again, we have reduced the number of units to further

1:52:05address that. Thank you, and we appreciate your consideration. And to the good neighbors who are

1:52:08here today.

1:52:11We're proposing eleven now.

1:52:14Okay, and that takes you to res white?

1:52:18Future land use is res six.

1:52:20Okay.

1:52:20Six units per acre under under the future land use category, which when people come to the county they read and we need to stick with. Chairman Mariano. Okay.

1:52:27Oh, Denise is coming up. I just wanna mention that with the eleven units that would be a density of one point six per acre.

1:52:37Madam Chairman Mariano. Denise, could you pull pull up the maps for the land use first and then for the zoning, just so the board can see exactly what's going on?

1:52:44And and I do want to read a correction into record. The deed restriction that Mr. Pressman has agreed on is actually to comply with 902.2 N5B. I incorrectly stated N4B.

1:53:00So the maps please?

1:53:03Okay.

1:53:06And what what I want to show the board is all right, so there's the land use, so it's res six to the left side. So on Juliet Court, there's sixteen units there. If you look right across the way, the property's pretty close in size. Um And they could do six right now, but they're looking to go to eleven. Um and after the residents' concerns, I'm happy to keep it at the eleven number. The next slide if you would have to do that. So it's R one M H on Juliet Code around it. uh to

1:53:37the side of it as well. So we're really not changing the neighborhood n much. It's actually less dense than What seems to be right beside it anyway. Um Staff's gotta go through the development part and with the conditions in there, I think this will actually help with the flooding. I mean a major, major storm Not gonna help much, but for everything else, you g I think they're gonna get an improvement in the stormwater situation that's here. it seems to be very compatible with what's all around it. Um As far as percolation, that's something for developments to take care of, not us. Right?

1:54:08So make sure that all works. Um So I'm gonna make a motion to approve it. With the conditions stated by the Planning Commission and then Denise, the conditions for stormwater are

1:54:22The voluntarily agreed upon deed restriction that basically states that they'll comply with nine oh two point two And five B.

1:54:30That will leave my motion to approve and we'll get Mr. Pressman on record again.

1:54:36resolution will not be effective until they You can't condition the zoning. So that's so that's so so that's the the motion. Okay, all right,

1:54:45I it's just good in the conditioning zone. Okay. All right, so that's my motion. Thank you.

1:54:48Okay.

1:54:51Um and just so you understand, it's the same as what you have. Right.

1:54:56It's the Juliet's Court neighborhood appears to be R1 M H as well. Yes.

1:55:02Okay.

1:55:02That's what they're see that's what this rezoning is to.

1:55:05All right. So um all in favor? Aye. Opposed? Okay. Yep. Is that it? Is that our last one? Yeah,

1:55:14sixty five is last.

1:55:16I see Ainsley here. All right, let's see let's see how fast we can go.