AP-11 CPAS-2230 Green Energy Vehicle Services
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Machine transcription of 1h 7m of recording, with speaker names inferred from voice matching. 83% of 398 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Mr. Chairman the next item is AP eleven and that will be presented by Robert Irving.
Yeah,
Rover.
Good evening. First things first I just I have a few letters of opposition.
I have a few letters of opposition to enter into the record. Motion to
receive and file? Second. Second. And can I ask a question? When were those received?
These received within the last twenty four hours. Okay.
Okay, over here. I just wanna say to the members of the public We've moved to receive and file, but we're not going to be able to How can I possibly read a letter of opposition while I'm hearing the case? You need to get this information to us sooner.
Well said.
The PowerPoint, yeah.
There you go. It's good to get a second breathe anyway, right?
We have one of those. I'll wait till it's passing out stuff.
Do
leave one.
All right, good afternoon, Robert River Planning and Development. This is the matter before you is PDD twenty-four zero zero zero five. It's a small-scale comprehensive plan amendment. And the name is CPAS 2230 Green Energy Vehicle Services.
There, I'm gonna have one of
Thank you.
I'm sorry
Robert, go ahead.
Just wanted to get the title out of the way there. That was a good one to cover.
Time pass up for this.
All right, so here's the site location. The property is located in the east market area within Commission District One. You can see it's in the southeastmost extent of the county.
And the proposal is a small-scale comprehensive plan amendment from Res One, Residential One Dwelling Unit for Gross Acre, to Common IL. And the purpose of this amendment is for a truck stop with associated repair and maintenance on 10.31 acres and boat and RV storage on 21.67 acres, and it's located on the north side of County Road 54.
Hold on. So here's the site location being uh along the north side of state of north side of County Road 54 and along US Highway 98. I do just also want to clarify that there are four parcels you can see right above where it says County Road 54 that are not included in this proposal, and there is also a parcel in between the subject site and the intersection of US Highway 98 and County Road 54, just to clarify that.
Just to provide a little bit of background, um the applicant received A warning notice for permitted use violation for the operation of a commercial trucking company and for the storage of commercial vehicles on 1021-21. And on 10 21, 2022, the applicant was cited for a permitted use violation and prohibited sign violation of the continuation of the operation of a trucking company and storage of commercial vehicles. As a result, on eleven eighteenth, twenty twenty-two, the applicant applied for the proposed
comprehensive plan amendment to address the permitted use violation, and on six twenty-sixth, twenty twenty-three, the applicant held a neighborhood meeting to go over the proposed amendment.
So here's a context map, and I just want to point out that that entire yellow-shed area is all Res1, and to the north and west is all conservation lands. This area is predominantly characterized by low density residential units and conservation lands. The conservation lands have a conservation land flu designation because they contain outstanding Florida waters and have an environmental significance. The rest of the surrounding area is all agricultural lands with the Greenswamp Wilderness Preserve to the north and the Upper Hillsborough Preserve to the west. There's a conceptual trail called
the County Road 50 Trail abutting the subject site, and Polk County is directly south of the subject site.
Here's the existing future land use. The existing future land use is Res1 with conservation lands to the north. Additionally, the future land use for Polk County abutting the subject site to the south is rural development area, which Polk County has commented that in these areas urban density and intensity is restricted due to lack of public services and facilities available.
Here's the proposed future land use depicting the COM on the east side and the IL on the west side.
And here's the existing zoning. The existing zoning is AR, with AR to the west, AC to the north, and C2 to the east.
The proposed amendment is inconsistent with the following comprehensive plan policies. Objective Flu 1.6. Although this property does meet the locational criteria of policy flu 1.6.2, the intention behind this policy is to provide support to other policies within Objective 1.6. We do recognize that there is a C2 parcel to the east. But that parcel has a flue of res1, which limits the floor area ratio to zero point two seven. Whereas an amendment to com on this parcel will allow a floor area ratio of zero point six zero, which will
significantly intensify the area and make it inconsistent with the surrounding residential area. Additionally, the proposed non-residential uses are considered an intrusion or located internally to an existing residential neighborhood, which is prohibited by policy flu 1.6.4. Lastly, the scale of the proposed Compluche, this is the definition, under 164, the scale of the proposed Complu shall limit intensity to neighborhood serving, which is defined in our comp plan as commercial uses that are four acres or less inside. With no more than 20,000 square
feet of gross lease area, which is significantly less than what the applicant is proposing, so therefore is inconsistent with policy flu 1.6.4. At this scale and intensity, the applicant's proposal has the ability to act as an intrusion to the existing residential neighborhood and detract from the character of the existing area. Policy flu eight point one point four is the east market area. The vision of the east market area specifically speaks to preserving a small town traditional lifestyle and protecting natural resources. The proposed amendment is inconsistent with this policy as the proposed use of a truck stop and boat
RV storage is more intense. Is a more intensive commercialized use that does not align with the character of the surrounding rural residential area. Furthermore, the proposed use would not protect the existing natural resources that has the pot it has the potential to have an adverse impact to the green swamp and the upper Hillsborough Reserve. Additionally, Policy Flu 1.10.1 requires the County evaluate compatibility with proposed amendments relating to existing uses of lands, development patterns, transitional
land uses, environmental and community character, Adequate public facilities, protection of rural neighborhoods, and consistency with market area plans. The applicant's proposal is not supported by this policy as the use is incompatible with the existing development patterns and is not supported by policy flu 1.4.3 as a transition of land use. The proposed amendment has the potential to negatively impact the environmental and community character, which does not uphold protection of existing rural neighborhoods.
The nearest utility, and this is approximate, that's why I had Mon to just kind of clarify that, I believe from when I spoke, the nearest wastewater is eight miles to the north, and the nearest water is approximately three miles, and I can let him clarify that. So the subject site does not have adequate infrastructure to serve the applicant's intended use.
How much water and sewer does a boat and RV storage place need?
That I would not know the answer to. Huh? You're also looking at truck stop.
Well, I that's part of his proposal, so I'm asking the question. You're saying it's adequate, you're providing testimony, what's the answer?
Okay, can I can I ask Mark Gutman from Utilities? Sure. I can't wait to hear that.
I mean it depends on the the size and what they're doing on site.
Well I want to be clear. This is an amendment to On the COM portion it's a boat and R V storage. The I L section is the boat and R
B storage. Okay, but I
want
to be clear. You're approving a future land use amendment to COM and I. Those uses allow other uses other than R V and boat storage. You don't have a
Okay, but I'm asking him, he's saying there's not adequate water and sewer for the use pro the use is and you
may be right,
but I
can't answer the question. Okay. I should think you should answer get the question answered. My only point is you can't assume today that the uses are being boat storage. You're approving a land.
I understand that those could change in the future. Yes. This that this is a future land use and that Depending there there could be a variety of uses that fit within that fluid category. I fully understand. Okay. But I also understand what the applicant's request is.
Well let me ask 'cause it's related. Is the applicant sub have they submitted a rezoning application with this application?
They have not at this time, no.
Well if that's the case then you really have no idea.
Well no, he put it in the front of his presentation. presentation. Didn't you?
Go back. I think you can say there's not adequate capacity for the common IL because you don't know the exact use. I think that's David's point. Yeah, right,
exactly. I mean people tell us a a lot at the at the future landing stage about what they might or might do. I the
And I agree with you that there's a there's no obligation for them to do that nor can we condition that.
Right. So you need to assume that it's the whole range of common IL uses that you'd be allowing with this amendment. I'm not saying you shouldn't get an answer to your question. I'm just saying you can't assume that that's the only use that can be.
I think the point is is staff is the one who presented that says this is gonna be a truck stop and then boat and R and V storage.
Well that is the applicant's proposal and I guess that is in their buttons.
Just to be clear, staff's recommendation on this is denied.
I
understand that. But the uh I think the the answer to your question, I think Mark Govin was maybe working towards it. Um I believe it's in the comp plan. There uh there's no county Water or sewer in the area to connect to it, they would not have on a boat and RV storage site the ERUs that would require them to connect to it. Could they drop a well there? That's outside of the scope of what we do, that would be uh of health department. So I I you know I don't know that we have
that answer but looking at the other types of uses that could be there in comma or industrial. What
I'm trying to do is make sure that the statements are fair. If I'm talking about a boat and R V storage, then don't get up and tell me well we don't there's no we don't have water and sewer capacity if they don't use water and sewer. And and just be fair about what we're talking about.
We we have to think about the highest use in the
I don't necessarily disagree with that. We'll take that under consideration.
Well and to be fair, there was discussion about a truck stop which would have potentially more water and surgery.
Oh, we're gonna
ask some questions about that.
And with that, the Planning and Development Department recommends that the local planning agency find the proposed amendment inconsistent with the comprehensive plan and recommend denial to the Board of County Commissioners.
Absolutely. So What is the name of the property owner?
Say that again.
Who
is
the property owner that applied for this?
Mr. Pressman is representing the property owner, but the property owner's last name I believe is Honeywell.
So I'm trying to figure out why the name of this plan amendment is Green Energy Vehicle Service. 'Cause is that the name of the business? Is that the name of the property owner?
So the applicant originally had a and I believe has a intention of some sort of solar facility or Charging stations, is that about right, I believe. And the reason why we didn't include the solar facility part of this is because under the existing future landing zoning they could do solar panels. So I believe that was the original intention as to why it was called the Green Energy Vehicle Service.
Right, but if their intent is if the applicant's intent and I realize it they they may not are obligated to do it, if they're up if they're up requesting a truck stop and the RV and boat storage, I don't know what that has to do with Green Energy Vehicle Service.
Well, I guess let's hear from the applicant.
Well I'm just I'm just trying to figure out normally when we get these plan amendments, they're not I mean, it's usually the name of the property owner, the name of the business. What you're telling me is that this this amendment th the business's name is not Green Energy Vehicle, right? That's correct. The property owner's name is not Green Energy Vehicle.
That is correct.
Did we just let them call it whatever we want what the whatever they want to call it? I mean I'm just trying to figure out why how we came up with that name.
Well to go to Okay.
Quite well taken.
Is there any questions? Any questions for uh Robert? Thank you, Robert. Appreciate it. Thanks for the guy.
All right. Did the applicant come forward?
Good evening, Mr. Chairman and Board Members. My name is Todd Pressman, two hundred and second Avenue South, number four hundred, or excuse me, number two fifty one in Saint Petersburg, Florida. I am the representative. Uh I will let you know that the owner was here previously, but he had younger children. He had to go and pick up his children from school. Uh but I'm here this evening. I do have a PowerPoint for you.
Uh the name of the project is Green Energy Vehicles. Uh the owner is uh uh by memory is uh Honeywell Family Holdings. I'd have to look it up real quick to make sure I have that exactly correct. When we fill out applications, it asks for a project name and that's where that name came from.
But my question is what does that name have to do with your actual request?
Um
I'm sorry, I'm out of sync here.
If it's not the business's name and it's not the name of the property, or what does it have to do?
It is the proposed business name. Uh and as you've indicated and as been as there has been discussion, this is a comp plan amendment which you general are well familiar with. What the exact uses will be are determined after this point. There is no specificity in returns to those uses. We're looking at broad category of the I L and the COM. So we've attached a name uh of green energy vehicles, which there is a component proposed or hoped for which will
provide vehicle recharging by solar. That's where the name originates from.
All right.
Did I answer your question,
sir? Go ahead with your PowerPoint. Sorry, sir. Go ahead with your PowerPoint. Thank
you.
Uh as uh Mr. Irving has indicated we're located at the very extremes of Pasco County.
And this is the site from a a little bit uh uh a little bit more zoomed out. Small scale amendment as the gentleman indicated to Common Commerc Commercial and Industrial Limited for 31 acres, 31.98 acres. Uh this is the specifics of the site. It it does do a little in and out, as you can see we tried to make that as clear as possible. Uh you'll see there's two small parcels in the middle that are excluded and the actual corner is also excluded. Uh basically
in the front part would be commercial or proposed as commercial and the rear part is proposed as industrial limited. Uh and to give you scale, the IL would be 1,250 feet along Highway 98, the COM would be 850 feet MOL. And 54, the IL would be approximately 533 feet, and on the state road, it would 54 would be approximately 250 feet. We've submitted of course surveys of the two different
categories and I just have these here as they are part of the application. This is the IL. IL would be 21.67 acres.
Um F DOT traffic counts, and I will say, Mr. Chairman and board members, what is driving this site is not as much as land use in the immediate area, but the land use categories or the land use that drives this are the two major arterials and the confluence of those two major arterials, which is US ninety eight highway and County Road 54. F DOT twenty-two counts.
our six thousand trips per day on the first part of Highway 98 and eleven thousand two hundred trips per day on the other part. You can see uh that there's a large number of trips on um fifty four.
Is that supposed to be five thousand or five hundred?
Yeah, that's supposed to be five thousand. Yes, thank you.
Now, FDOT has Highway 98, which is the abutting corridor, as a regional freight mobility corridor. That's one of the most critical routes for transportation, not just for vehicles, but for trucks and delivering freight, which is the main roadway that this site sits on. The uses proposed, and again these are uses that are proposed. They're
not part of the application today, but the direction and hope is support for these intensive transportation elements. Staff report notes the proposed the proposed amendment does meet locational criteria. Mr. Irving reviewed that with you, set forth by policy and comprehensive plan. And the intent of the commercial future engines designation is to establish appropriate sites for commercial development of major future community or regional serving areas, which is we believe as this arterial and highway
do. And that's what we feel drives this site. So we are looking at proposed truck and vehicle storage uses, solar panel vehicle charging, and I have, which I'll put in the record, the New York Times actually just did a story two days ago on how critical it will be and how uh major solar and electrical recharging is being provided through the entire Country, which this would be a part of. Com uses
again would be trucker support, those type of uses which are hopeful, which would have to be uh regulated or would be at a capacity by water and sewer. That would be a capacity for the site as to what services and uses could be provided.
Can you go back a slide because I have a question for you?
I'm sorry, sir.
Can you go back a slide because I have a question for you?
So
If if you're trying to limit it to particular uses, your request Why didn't you apply for P D? I mean if that's your argument is that you want to do solar charging and I mean I don't know Planning Commissioner Weight will not support these uses, but my point is that you could have applied for P D, which Workshop could have imposed subway policies that limited you to particular uses, such as solar charging, all these things that
you're may or may not be acceptable, but why didn't you apply for P D?
That's a good question. Um my determination was that this was going to be a difficult request straight up and there's a tremendous amount of cost for site planning under PDs. And I didn't personally see in this particular case an added companion with it. I do a lot of companions and sometimes they're helpful, sometimes they're not. But that That's the best answer to you. There is a component of a companion whether it would be an asset or benefit and there's
a tremendous cost. So both of those weighed chose to move forward with the Comp Plan amendment at this time.
Okay.
Uh the zoning map as Mr. Irving has indicated at the intersection is a C two commercial uh two
And that was approved uh by Board of County Commissioners.
We had uh Ortiz Planning Solutions, who's an AICP planner, review the criteria and comp plan amendments. And she notes that the proposed future land use reclassification is consistent with the goals, objectives, and policies of the Pasco Comprehensive Plan as discussed.
And I do have a letter to put in the record. This is a letter from the Zephyrhills Chamber of Commerce. I'll read one short part which notes signed by Vicky Wiggins, who's the President's CEO of the Zephyrhills Chamber of Commerce, knowing the Chamber recognizes the importance of this application as a positive asset for the future of our economy as well as the economy in the vicinity of Highway 98 and Count uh County Road 54 community. If I may put that in the right-of-way. This is in the record, Mr. Chairman Mariano.
Yes,
yeah absolutely. Motion? Uh motion to receive and file. Second. All in favor? Aye.
Aye.
With that we appreciate your consideration and uh your time this evening, which is well uh well uh so
so just for clarification and I'll see the letter, but the the city's Ever Hills went on the record to say that a truck stop and boat and a restorage was an asset.
No, we've asked them specifically to looking at uh the Complant amendments and we made them aware of the uses. The specific uses are not stated in the Chamber letter. It's not the city letter, it's the Chamber.
So the Chambers went on record to say that the common IL is an asset, not the specific use.
Um what they referred to specifically in the letter is CPAS twenty two thirty, which would be the Complant amendment.
Okay. They do refer to Green Energy Vehicle Service, but it is specific to the uh comp amendments. What
what do you have a date when this uh application was initially filed?
Uh it's been quite some time but I I can't recall the exact date, but it has been in the county for quite a long time. So
why the two few why the two land uses?
Um we made a determination as to what uses in the long term are desired at the site and some uses fell into COM and some uses fell into the IL. So we chose to split it and go with the two separate categories.
This is
One of the parts I'm having trouble with is the transitional land use. You've got I L up against these residences. Yeah. That's the I'm having some heartburn with that. The com You meet the locational criteria for COM and I know there's probably gonna be some residents up here that are gonna tell me this is all Going to be a problem. But we do have standards for the locations of COM, but I'm not seeing how you've
met any of the standards for the location of IL.
Yes, sir.
Yeah, that's a question. You tell Our our evaluation of the site was it was use generated in terms of what the uses are hoped for the site, which again, I'm not gonna be a dead horse, which again reflect the arterial roadways and highway roadways on either side. So we had to make a determination looking at uses under zoning as to which are consistent of course with future land use categories. So Those future uses generated to
the county attorney's point, you could have done that as a P D and then similarly an M P U D zoning and all of that could have been ironed out.
Just the blanket category here that
Well certainly.
It was a big ask. Well,
certainly it's
a big ask of the neighbors.
Yes, Yes, sir. Uh I mean We struggled with the decision and So we had
so we had a very similar project come up on not similar, but we had a project come up on forty one. where they were doing some industrial uses and they didn't have ready access to water and sewer But it came in as a P D. with very specific uses. So the Planning Commission knew exactly what even though they didn't have water and sewer, the type of uses they were proposing were not the type that would need a tremendous amount of water and sewer. So that
goes to the root of my question and maybe Mr. Moody's question is how How are you expecting us to just give you blanket approval of IL when you don't have water and sewer? And there's many uses in IL that probably need water and sewer.
W my best answer to you is that the site is going to be constrained With well and septic. And uses like storage of vehicles and solar charging of those vehicles, which takes a long time, would be use that doesn't require water or sewer. So again uh my best answer is that they are going to be restrained by the utility cap well the non-utility capacity of the site.
Okay, well why don't we hear from the residents and let's see what
their
concerns are.
If I may add a quick addendum to that. So if I may, Ms. Chairman Mariano this they intend to or hope to be at the site for a very, very long time. And clearly along these roadways uh is encouraging a tremendous amount of development in not in the near future but far into the future. So they are looking at a phasing element, maybe that's a better. Thank you, Mr. Chairman Mariano.
You'll have an opportunity to come back to the comments. Thank you, Mr.
Chairman Mariano Chair actually followed on to my remote hours out there. Four or five hours out there? Yeah, they're gonna be attention.
Thank
you, Mr. Chairman Mariano. So thank you. No, I sorry, I still have so the the reason I was asking about the date of the filing, and can st can staff clarify as when this application was filed originally?
It was filed in eleven eighteen of twenty twenty two. Eleven eighteen twenty two. Okay. So the reason reason for my question is there's and as the staff noted, there's two different code enforcement violations that occurred one year apart. Uh so it's been two years now almost to the day, um from when the initial code violation came out. So I understand And hey, maybe I didn't know I didn't I couldn't do that on my property and then having a code violation uh because
of that. Why was your client not why didn't they s seek to rectify this issue within the first year after this first code violation was was handed down? Why did it take a second code violation before they finally said, okay. will apply for, will apply to try to make the comp plan amendment to make the property compliant with what I'm already doing.
Uh very good question. Um this issue or that code enforcement issue ended up with the legal department. I'm not an attorney, I'm strictly a zoning guy. And as the applicant has made me aware, which I was not involved in, uh there was a agreement of some sort that was reached. He paid I believe by memory, I think he paid five hundred dollars and County Attorney's Office County said uh we're accepting this and you can move forward to address your issues. That was after the second
violation. So why was nothing done between the two?
Well that was my the best answer I can give you, being on the tangent of that, was that as they were working through these issues with the County Attorney's Office, which I'll say again on the record I was not involved in, uh code enforcement continued that operation, but at a point clearly some point that has that has ceased and has not moved forward because they reached an agreement with the county to move forward with an application of land
use nature. So you're saying this was being addressed between the first code enforcement violation and the second one?
S somewhere in there, I was not involved with it, but yes, on those originating months that transpired, as I was told. Yes, sir.
Okay. 'Cause it it was is leading me to question, you know, some of the the um I guess the um
the morals or the you know the the what why why a person would ignore that between the two code enforcement violations. So if if you're s stating that they weren't ignoring it and they were working with county attorney during that time, then I can buy that.
That's what I've been communicating, yes sir.
Okay. Let's listen to the public. Thank you, Mr.
Chairman Mariano.
Okay, here's um Mr
Chair, the first person I have uh that signed up to speak on this is Ronald Mims. Before we go to the public,
we have to have one question. So
H hypothetically if the use that that's in the agenda memo, which is commercial truck stop with associated truck storage and maintenance and boat and RV storage Which of those uses require I L? Trucks. Is it the truck storage and maintenance that requires I L? I'm asking staff.
Come out, but Oh give
us one second.
Just give us one second, okay? Just hang in there right there. The boat in R V storage is what needs the I L.
I just got one approved. No, Bowen RV storage I believe is probably what requires COM.
Correct.
So my looking for confirmation of is that was is it the truck storage and maintenance that requires If they were just doing a commercial truck stop and boat and R V storage, could they just could we would COM support that use? That's my question. I have to look at the a budding
zoning district that would call that to clarify, to be completely honest with you.
Okay, so I just had this come up with a case with Ms. Hernandez, the one on forty one regarding the trucking company and
Trucking companies require IL
require IL. So
I'm gonna just ask Ms. Hernandez then. Okay. Yeah. In your opinion.
Yes.
Could c if they were just doing a truck stop and boat and R V storage, could that be done in common?
Truck stop and boat and RV storage could be done in COM.
Is Flying J allowed in COM? Yes.
Okay. Okay. So the part of this that if assuming the that's the use they want to do The part of this that requires I L is the storage and maintenance of trucks.
Would be like the trucking company, the the actual
So if you're w if you're doing like if you're you're not just gassing them up, you're actually working on the trucks and storing them there and doing maintenance that requires.
Well if your company is actually a neighbor a freight uh company, that's what would require the the I one or I L. I think that's a good thing.
Can trucks be stored in the com flu or on the c in the C two flu?
So trucks can be stored under the boat and RV storage if they're paying you know, paying to be stored, yes. Okay. They
can so so it's only a freight transportation. Correct, but I have another. We're talking about UPS, FedEx, yellow truck lines.
Correct. About I mean the current name of the company is Tampa Heavy All L L C I assume that's
I think in this case the point is they're asking for IA. That's what we're we're sell that's what we're deciding on.
And as I I understand it, David, also they're going to have like solar panels on the property.
And do solar panels require IL?
Well, they could go in I L but more specifically, um, they're not allowed in C two. There are special exceptions in C three, I one and I two. Isn't
that a a solar farm though? I'm not sure.
Well it's photovoltaic panels that are standalone. So I that's one of the uses that they're proposing there.
What does that mean?
So they're f solar panels, uh many of them like almost like a solar farm. type of operation.
Uh but when you say standalone I think he's talking about hooking them up to the Tesla charger so David can take three times as long to charge his car up.
So the r so the standalone is as opposed to being like on top of a building or something like that?
Okay. So could they be on top of the canopy at a truck stop? They got a big gas canopy with gas pumps underneath there and then they put solar panels on top of the canopy. That's not a problem.
Yes, they can potentially do that.
So there
is
a way for them to get solar in column.
I'll try to do
them.
Yeah, you want to turn that into us? Uh yes. Yeah, do we have a motion to receive and file? What? Does he want to photos want them back? He wants those back?
Uh it doesn't matter. I
Because if you give 'em to us you can't get 'em back.
You can
just show 'em on the overhead, yeah.
That's the way to do it.
That's great 'cause I I got a photographic memory.
That's scary.
My name is Ronald Mims. I have been sworn in. Our address is [address removed]. My wife and I's property border The proposed property. It's the proposed property has been in our family. And by the pictures That's why we decided to get rid of through the year. Uh I don't know how many uh uh board members know what
Rancho Benito is in uh northwestern Polk County, which is right across the line of 54. It's 1,200 acres. that's been allowed to be destroyed by ATVs, four-wheel drives. I won't go into a lot of that. Swift Mutt has been involved, DEP's been involved. I've had meetings with both. I've had meetings with Polk County Commissioner, John Hall, Um Neocombie. On and on. But They
destroyed it and what happened was in the very back Fox Branch which used to run to the west of the Hillsborough River is now running to the north. Every roadbed, every culvert that was in that place is destroyed and gone. So now Going to the north There's a three-foot culvert underneath County Road 54. on the south side it goes underneath her and it dumps into this property.
Now, those pictures were taken in twenty twenty two and reason being was because I was dealing with Swift Mud. and D E P And this was just a few of the things I was showing 'em observed. Not only is it a big water problem. They're claiming they've got thirty-two point four seven acres in his uh brochure with twenty eight of that being applicable For this Whatever he's
gonna call it. Um And but the pictures prove that there's clearly not that much property. Uh
So it's wet all the time.
Not all the time. Uh but I would say probably five to six months out of the year. Now this year it's been dry because we haven't had the rain that we've had. But I would say at least that. Now I don't know where they're gonna be able to put FDOT's 4 lane and 98. We're fortunate enough that sorry we're fortunate enough that they're they're taking nine acres of our property for a retention bond. How are they going to house that amount of water right there? That standing
on that cobart. 98 is where those tree lines are at there. Okay. How are they going to house that amount of water on 28 acres? So and then the other thing is he's wanting to have his own commercial light industrial which y'all just spoke about This opens up too many avenues for too many different revenues. He could do Well it's not saying he puts a ballpark in there. You know, anything. You you've got you understand that. Uh
the truck maintenance and storage, you know, there again we're talking about he's gonna have to have his own water, uh sewage treatment plant. If he had this kind of violations against him already. What's going to happen if you issue him permits for the Suez treatment plant? and y'all go out to inspect it and he decides I I don't care what I yeah, I got the permit now. So now y'all are gonna have to fight with him. So he's got money, so he pays or what have you. I'm
just using as an instance. to get this problem solved, which already the violations that he's had, and there's more than that. I know for a fact Swift Mud's been out there because he's got commercial trucks on agricultural property and because he doesn't have a sign up stating it's a business. It's okay. So I'm standing in my property spraying soda apples and stuff. We have fifty acre pasture. And I look over there here and Lime Rock.
And millings. I got pictures of that. I I confronted him about it. He came to the fence and I confront him. I said, Man You got a permit to do that? No, I don't have no permit to do that. Swift Mud actually came out there in September of 2020. and was gonna come back. Mr. Cory Katz. from Brooksville, from the Swift Mud, was gonna come back in June. of twenty twenty-one. I didn't have the time to bring that up, you
know, as far as getting the uh uh documents that he had documented but he did g go out there and he told him I guess you know he had said, you know, you can't do this but uh this is just things that we know for a fact. Um Most of our neighbors have left. They have their they're
I wanna I wanna I wanna get uh Mr. Mims, I wanna make sure I give your neighbors a chance to speak and you've gone well well over your three minutes. Okay, I'm sorry. Um maybe they'll cover the other stuff.
Can I give you one thirty second? Yes, sir. Okay. Mr. Jenkins owns a thousand twenty-five acres on the west side of ninety eight. He's opposed. He's worried about drugs, whatever truck stop, you know, bring. Uh J and M Ranch is on the Same size as Rancho Benito. They have 2,000 acres. They they have Blueberry Farm and they have cattle. They're opposed. Mr. Mark Overstreet,
he's another one that has twelve hundred acres plus. He's opposed. They were all here earlier. They all had things to do. I appreciate your time.
All right. Well thank you Mr. Mims. Appreciate you coming.
Thank you.
All right. Who's who's next on the list?
Next person on the list is last name is Overstreet.
Okay. After that, the next person is Myers, Bernice, or Bernice. Okay.
Can you give us your name and address Mr.
Myers? My name is Benny Myers. I live in [address removed], I live on the south side of fifty-four. Um like Mr. Myron was talking about, there's twelve hundred acres which is south of this property. And all the water in North Lakeland flows north, or either northwest, to the uh uh head of the Hillsborough River and like he was talking about Rancho Bonita they have it so screwed up that the water has to go somewhere
or other. And so it builds up on this piece of property here they're trying to build, then back I mean backflows across Stokon Road in two places. It floods out my property, which I Have 25 acres of it, which is all pretty much high and dry, but whenever it rains so much and that water can't go anywhere. It floods us out five or five to eight acres every year. And it's just
the biggest problem is a water problem. You know, and they was talking about the traffic. And Rancho Bonita on a calm weekend It's two hundred people. Come on. Two water feet. On a busy weekend, four to five thousand people. And there. Yeah. On lever about almost twelve hundred acres. And we have tried with Polk County to get stopped for years and years and years. You take five thousand
people in there, most people have to use the bathroom two or three times a day and all that goes in the Hillsborough River or either flows north which winds up in the Hillsborough River. It's just I mean it is a mess up there. And I mean, you know, like Ron showed you the pictures of the water. He's not lying. It's cut almost come across ninety-eight several times. I mean all the way up to the pavement. And it's just I mean it's a mess. I mean I wanna
say That tw tw twenty five or thirty acres that they're trying to develop. Mm. I'm gonna say 98% of it is wetlands, five months out of the year. So if they go in there and they build all this, where's the water going to? It's going to go back south. And go r run on me. It's got to go to to the Hillsborough River. It can't go anywhere else but the Hillsborough River, which either north or west. Okay. And it's just I mean it's a it's
a major water problem. Thank you.
Thank you very much for coming.
Next person is Wayne Newsom.
Wayne Newsome [address removed]. Thank you, sir. And that's Cracker Country. Yes, sir. That's my territory. I live uh approximately two properties west of this property. And like he said, when it's raining, it's wet every damn worse. I had a grove, uh matter of fact in eighty nine, and the
county came up there and cleaned the cupboard out that'd been closed I don't know how many years. It flooded my property, I lost three hundred trees and filed a lawsuit with County Mm-hmm. They paid some of my tax money back. But it's just it's just miserable air when it's raining. Everywhere it's wet. And if they can put a truck stop there, that oil's gotta go somewhere. Yeah.
Okay. That's
it. Thank you. Thank you. Appreciate you coming.
James Davis.
I was wrong with there, everybody was there. That's why we wear jackets. Yeah, my name is James Davis uh at [address removed]. And the property one of my properties is the one that was X out up there. So my property is right next door to his. Ooh. Yeah. Right next door. So I've won. six nine. And through Reason why we brought the property 'Cause I was on realtor looking for something. Me and my wife wanted to build a house for our family.
And our two girls. So I had found the property and showed my wife about it. We were so excited. So we brought it. Uh not knowing he's running a uh running a trucking business out a at a at a residential house. Something that you weren't supposed to be doing. At all. So right now we we stuck. We don't really don't know what we do what can we do. Because we can't build a house. If we build a house, our property value is gonna go down. We can't sell the property and
Like this whole this whole transition of trying to buy a property and quote unquote live the American dream and do the right thing, it hasn't been just that. Because it's it's been I had threatened phone calls from the guy, from the applicant, uh wanted to buy the property. It's being wanted to buy the property from me. Um he's told me in text messages that he was gonna turn my property into a retention pond. So I'm like, what I supposed to do? I said, well
these laws are supposed to be put in place to protect people like me. So that's all I gotta say. uh live the American dream, build a house for my family, somewhere to live, and do do the right thing. And I'm also a truck driver. And yes, 98 is uh one of those ways to go out. But even to come in, you're too far out. Tampa, if all the places that you make deliveries to, you have Tampa is that way. Then you have Lakeland, it's too far out. So when you If you're a truck driver,
it's time is the essence. So you allow nothing but um eleven hours of drive, eleven hours of driving um, it depends if you're local or over the road.
Right.
So you only allow a certain amount of time. You wanna be places where you can make your delivery on time. So I don't believe that Chuck Stock is gonna be there uh a a good fit, nor do it's it's it's is interfering with my plans and it's just not right. And like Like I believe you were saying about the uh code enforcement violations. He believed that he's above the law, that the law doesn't apply to him. As a matter of fact. Can you point out which property
is yours? If you go um pull it up in a few minutes.
So mine out on point six nine of an acre is easier. Right next to it. All the way. I have a map. We got it right.
Actually
I have a description after the right-of-way. See right here? So the right side of the trucks.
It's the property that looks like from the aerial that trucks are actually partially parked on your property.
Correct. And I can't that's another issue I have. That's another issue I have. Here I asked him several times, can you move your move your trailers off of my property so I can put a fence around?
Yeah.
Nope, not going to be a good thing. happen. So that's what I'm saying. He he's believed he believed that he's above the law. So these laws are meant to protect Did he just residents anyway?
Is it Sardino owns the other finger? On the other side? I
don't know.
It's right right in here.
That's uh different owner. Commissioner Owns all three of them.
Mammood, J
H A
Mahmood. Yeah, that's mine right there. That's me and my wife.
Go to the east.
No, I I understand you own that piece. I was just curious you were just curious what the other three
fingers were the other things.
Three to
the east.
There's three parcels to the east. Yeah, there's three together. Yeah, so that's it.
Uh Map or Show. No, but
it it sure is what it looks like. It is. Can I add something else real
quick? That's definitely what
I'm saying.
That when the um the push a plan out you have to give letters you have to send letters out to everyone that owns property in the area and it was a meeting in June twenty sixth, I believe y'all know that. I didn't get a letter. And it wasn't and I believe that it wasn't done on like it was a mistake. I believe that it was on purpose because it like you see right here. I'm the I'm the I'm the person that's gonna be most infected. decisions that you guys make. Cause I'm right there. That's my property right
there. Right. I'm in the X. That's me. And the guy says he he knows people in high places. to get things done. I'm not one of the guys. I'm just the average yo, work, for his family, and take care of my kids. I'm doing the right thing. I could be doing a lot of things that I shouldn't supposed to be doing, but I do the I choose to do the right thing to uh take care of my family. And this is something that we wanted to build a uh a house on, but look
So I uh please do do your job. Appreciate it.
Yeah, I appreciate you sir just out of curiosity, if you didn't get notice, how did you know to attend this meeting?
How did I noted attendance minute? Uh Pasco County sent a letter to our house and I had called Uh I believe him. I'll call him uh what's his name? Erwin? Rob Irvey, Mr. Rob Irby. I had called him because I got the letter in the mail. So I got when I got a letter in the mail, I'm like, what the That's uh uh oh that what's going on. So I called him, he sent me an email. Luckily he was very nice and respectful. He sent me an email with everything that was going on. So I had clicked on one of the PDFs and
they said they had a meeting at June twenty I believe June 26th. I like, why I didn't get a letter. And then that's when he informed me that the applicant is supposed to send out the letters to everyone. And I I go out there, I mow the property, because that's something what I uh I like to do too, to get away from from um the hustle of the bustle from every day to calm my mind down. I take Joe and I just hopping on the zero turn and on. Yeah, calm my mind down. So Yeah, but you didn't get notice
of this meeting.
Yeah, I got notice of this meeting. That's the reason why I showed up. But the uh the meeting at June twenty sixth. The neighborhood meeting. I yeah, I didn't. The neighborhood meeting I didn't uh 'cause I would revoice my opinion because like I say, this is is gonna affect me and my family.
Well, I don't want you to think that you're not being heard because you're voicing your opinion today and this is the body that matters and the Board of County Commissioners. So even if you had gotten notice of the other meeting, that would have just been a meeting with the applicant. Okay. And I'm not sure how much he would have listened to you anyway. Okay. So Like I know that I didn't I know
it's all new to me. I've never been in this type of
thing.
You're at the right-you're talking to the right people. Okay. Okay. I've never been in these situations in where I'm talking in front of a in front of a podium a podium. I never been in this situation so I I really don't know the process, but I know that um Pretty much try to live the American dream. Work hard, take care of your family.
So I want. Yeah.
Yeah, so that's all I'm trying to do. I
just I wanted to be clear that even though you didn't get that other notice, you're being heard because you this is the people that you need to talk to. So
Okay. Thank you. I appreciate it. And he like you say you say that you know people in high places and you got I guess you got a lot of money. I don't know. I just want to uh take care of my family, do the right thing. Okay.
Thank
you.
Thank you. Thank you. Uh Mr I'm sorry, Mr. Mims. We're only allowed to bring come up one time, so if you got something else to say, send your right hand helper there.
Yeah, you were
Going off the list.
Varying from the list.
Morning.
Oh boy.
Yeah. Oh.
My name is Kathy Mims. I live at [address removed]. But we're in Pasco County. I don't have my idea. Okay, so what he was what he forgot to say was there is a um Progress Energy has a 30-foot easement all the way starting at 98, going um 54. And there's like 1429 feet. Of that that They came in
and they bought property from all of us to easement and they're telling us you can't do this, you can't do that. So His driveway, I'm assuming for this truck stop. Would try to come out over that easement. So I don't know if that would be an issue or not. Another thing is about the truck stop. Our issue is, you know, you have prostitution, you have drugs, you have homeless people because they can have showers and, you know, water showers they can go take a bath. hang out in the woods
or, you know, whatever they want to do. So that's my that's all I have to say. Thank
you. See you Mr. Memory, you forgot all the important stuff.
Come on. You guys can do better than that.
Mr Chair, the last person that is signed up to speak on this item is James Jenkins.
Then that's who we should have started with.
Yeah, I have three minutes.
Okay. Nobody else wants to speak?
Okay.
The applicant would like to come back and answer any questions?
He gets a chance to come back and answer your questions.
I I really like this first and foremost to say that these are all very nice folks. We had a meeting, I by memory we probably had fifty people there and they were very respectful and we had a good discussion. Uh and I respect them for being here and they've stuck around for a long time. It's been har hard for them as and we appreciate your time. Um What I heard mostly was about water issues. You guys have talked about water issues all day. Staff report says of course when if if and when you move forward you'll have to go to Swift Mutt, have to go to your agencies,
you're gonna have to review all that. I do have mappings that we submitted that uh don't show this as a flood area. Uh there are some wetlands, those are all gonna be delineated and work through if and when this moves forward on a site planning level for the uses that could be permissible. I I think you spend a lot of time here today.
You said that the applicant did not want to submit for a PD because of the cost of doing the planning. If that's true, how are they going to be able to incur the cost of doing a site plan, putting in parking, drainage, all of the things that our land development code requires?
The best answer I can give you, Mr. Goldstein, is that With within with these applications, you make an evaluation um as to where you're gonna best spend your money. And not all the applicants have all the money in the world or big corporations or big companies, and we see a lot of those come through. So preparing PDs from scratch, from surveying, are extremely expensive. Requires I I won't beat a dead horse, you you all know requires a tremendous amount of professional. Professional professionals in a lot of different areas and
can be exordinately expensive. So I always make a determination as to how to best approach an issue. And the best answer I can give you again. is that I did see this as a difficult issue. And rather than moving forward with exorbitant cost, developing plans from square one, we chose to move forward with the land use amendment. That is the best answer I can give you, sir. Sure. If we could wave a magic wand and come forward with specific plans with uses That
would be a possibility. But that in this case our evaluation was different. You may choose different in your opinion and I would respect that. But that's again third time best answer I can give you, sir.
Well Mr. Pressman I appreciate the respectful way in which you presented your uh case. Thank
you, sir.
And that you've treated these people. And uh we'll s come to a conclusion here and
thank thank you, Mr. Chairman Mariano.
No, I'm sorry, buddy. You only get one bite at the apple.
So can I ask Staff one more question?
Can I can I ask Staff a question? Um So Is the property currently in violation? I mean I know that so it's possible that that that things got put on hold so he could seek this land use amendment, but my question is, is it currently in violation of the code? And Chris, does he have commercial vehicles parked there and or signage that would be a violation of our code today? Yes. Yeah,
yeah.
Okay. Well I'm asking staff, the answer is yes. Yes, I was at the subject site yesterday. David,
I believe there's a code officer here who might be able to testify to that as well.
Well that would be even best. Yes. Can we get the code officer to If he sat here all day, we might as well get on the network all day.
still got like a. Also fiscal Pasco County code compliance and I have been sworn in.
So the question is it is the property currently in violation of the code?
Full disclosure, uh if those vehicles are sitting there right now, yes, it is in violation of the code.
And based on your last inspection of the property,
I've never even seen this property. Um I'm here because I was told to be a representative of my department. I don't know anything about this particular case.
That would be a violation, yeah, sir.
What's the violation?
Permitted use violation for doing uh zoning violation, permitted use. Because the property is not zone to have truck storage on it and if truck storage is on it, that would be a violation of the code. It's a zoning violation.
Well, so question so if it's
This property's what's owned what today? A R.
A.
It's A R.
they are
okay and I'm not sure you can't be able to do that. I'm asking a question if if he's practicing agriculture and has a truck on the site, is he in violation.
So there are specific limitations. It would have to be and there and the verbiage escapes me right now as you ask that question, but storing those vehicles would not qualify you have to have an agricultural um process. You've got to be physically loading, you know, your own oranges onto your own truck.
Understood. So if I can read from the initial code ordinance violation, it's specifically stated that and I quote operation of a commercial trucking company, the Tampa Heavy Hall LLC, registered on property not zoned for commercial vehicles, more than ten parking commercial vehicles used for commercial business on AR property a permitted use violation. No business tax receipt on file. of the address as well. Yeah.
Okay, thank you, sir. Thank you.
And and that kind of goes to the crux of, you know, it's and we're talking about watersheds and and um you know utilities and things like that, but uh you know my my bigger issue I think is with the character of the applicant. Um from what I was able to surmise from a kind of a timeline here, the initial violation occurred ten twenty one twenty one The applicant met with our planning zoning department and had a pre-app appointment with them with a disapproval at
that pre-app appointment on 2-8-22. They were issued a second code enforcement violation on 10-21-22 and issued a $50,000 fine with an arraignment date set on 12-9-22, and prior to that, somewhere in between Between then they made the application that we're hearing today in November. You know, part of what we have to consider when we approve something is whether or not they're gonna be a good neighbor to the people around them. And
you know, I I have a I have a photograph here that was taken on 10 2122 on that second violation that is actually advertising for storage of all types of vehicles. RVs, boats, and trucks. It's right there. I think it's on 54. And so that doesn't scream to me somebody that's going to act like a good neighbor and and be helpful. And I think we heard some of that testimony from some of the people who came up about how they've been and how they've acted towards those people. So that's that's the biggest problem I
have. Um I'd I'd make a motion that we um agree. with staff's recommendation for denial on this.
I will second that and I'll say that, you know, just to to my colleagues point, I mean they've got a very defined website that's up here. They're clearly advertising your business is operating out of this, clearly not in compliance with with our code, so I will Fully second that.
Okay, we have a motion and a second. Making
a motion
to approve the denial, right?
To approve the denial. To recommend it.
To recommend denial. Okay.
Yeah, I mean I'm obviously I'm gonna support the the approval to deny this thing, but I I mean I I I feel terrible for this guy that I mean he he he's a he's got cars. I mean what what's his What's his remedy? I mean, how does he go about getting these trucks that are not even legally parked on his property?
I'll make I'll make my guy a little bit.
I mean I can't represent him because he's gonna find his own lawyer. But If you found a lawyer you could probably sue him for trustbones.
Okay.
I mean that that's clearly He's trespassing on his property.
Yeah,
yeah.
You guys have a quick question. And and I'm I'm I gotta tell you there
I'm gonna be voting. Right along with the motion. But if he were to reapply This business of these cutouts and this gentleman's property over here, you'd be forever ruining. That gentleman's property. If you if you ever wanna come back here, you either need to figure out how you're gonna square it off and leave his property alone or you better figure out how to make him the deal of the century and buy him and Mahmood's property over here.
What could they ever possibly do with that property if we were to leave that AR residential, AR and you do common IL around there. That is thoughtless. That's truly thoughtless. Oh.
I just had a quick question. Yeah, just what happens next in this if I it's gonna be um it's gonna be denied and then what happens as far as proceedings from what's going on now for these homeowners?
If they want to proceed with it, it goes to the board and the board I mean Yeah,
but I mean
staff makes a recommendation, you all recommend make a recommendation, the board makes the final decision.
Right. But what else?
Going forward, how do they get this guy out of here? For lack of a better word.
Well i so if If this is denied a suspect that and he doesn't come into compliance, meaning remove the vehicles, um then he could be cited again and code enforcement would
be
fine. He would be fined.
Yeah. Actually
it's
Well, I don't know that we do liens, but ultimately if he disobeys the co a court order, you could go to jail.
Okay. Thank you.
So I didn't get you guys a wall, but you know.
All in favor signify by saying aye. Aye. Thank you. Yeah. Okay. We're done