The Laker/Lutz News

Serving Pasco since 1981/Serving Lutz since 1964

Local News

Pasco plans to take a look at its transit services

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GoPasco — Pasco County’s public transit agency — is planning to take a look at the services it provides and whether it needs to change them.

Kurt Scheible, the county’s director of public transportation, discussed the upcoming study with the board of the Pasco County Metropolitan Planning Organization.

The Pasco MPO board — made up of elected leaders of Pasco County, Zephyrhills, Dade City, New Port Richey and Port Richey — is the transportation planning agency for the county.

Scheible said a study, which will be awarded based on a request for proposals, will aim at helping the county deliver the services based on customer needs and demand.

Essentially, he said, the question is: “What can I do to make it better for people in Pasco County go get to where they want to — easy? How do I help them overcome transportation barriers to get to where they need to go?

“I don’t care what the destination is. That’s what we’re looking for. Nothing is off the table,” Scheible said.”

Some ideas he would like to explore, include:

  • Can we get to some of the beautiful sporting complexes?
  • Is there a way we can serve Saint Leo University better?
  • What about providing a shuttle during the holidays between The Shops at Wiregrass and Tampa Premium Outlets? That way, motorists could park at one place, and go back and forth to shop and dine.

He told MPO board members that he wants a robust public participation process and told the board that its members will have the chance to weigh in on the issues.

Pasco County plans to study its transit services, with the aim of finding ways to get as many people as possible to where they need or want to go. (Courtesy of Pasco County)

“We’re looking at every aspect of the county,” he said, and the goal is to let the citizens and the MPO board have a significant impact on where the transit agency is going.

Dade City Mayor Camille Hernandez welcomes the opportunity.

“I’m happy that we’re having this conversation,” she said. “I look forward to being included.”

Scheible said possible approaches could include a “mobility system on demand.”

He said he may be unfamiliar with such systems, but a consultant with experience of seeing transportation systems across the nation might be knowledgeable.

“I may have read about it in an article or heard about it from somebody, but they have actually helped design it somewhere across the country,” he said. “Maybe they can put something in place like that.”

Scheible made it clear: “I’m not saying what needs to be done. The citizens, the stakeholders, are telling me what needs to be done.”

The study should reveal the centers where people are traveling to, he said.

“We won’t be able to meet everybody’s needs, but we’ll come up with the best solution that we can do and move forward,” Scheible said.

Zephyrhills Councilman Lance Smith said that transit is likely to play a larger role, as increased traffic continues to slow movement for motorists across the county.

“It takes 20 or 30 minutes to get to a place where I used to be able to go to in 10 minutes,” Smith said.

“Every one of you knows how bad the traffic is, and it’s not going to get any better,” Smith said.

“So, I think people may be willing to ride public transport.

“I think we all need to work together on it.

“Thanks, Kurt, we’ll put on our thinking caps.” Smith added.

Bus shelters
On another issue, Scheible updated the board on the status of pursuing some new bus shelters across the county.

Jacksonville’s transit agency has a bus shelter contract that Pasco can use to speed up the process, Scheible said.

“The good news about this is that the company will actually be able to design what we would like to have done and they’ll tell us what the price is, and we can move forward from there,” Scheible said.

“So, we’ll be able to present some options to you and you’ll have some input on which shelters you’d like in your area.

“The other good news is that we actually got the concrete and the civil engineering contracts in place to be able to put the bus shelters in.

“We’ll pour the concrete and make sure that we meet all of the codes, and so forth,” Scheible said.

Published January 19, 2022

Pasco continues taking aim at unlicensed contractors

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The Pasco County Commission is continuing efforts to stymie unlicensed contracting activity in the county, through an agreement with the Pasco County Sheriff’s Office for investigative services.

The county board approved renewal of an agreement with the Sheriff’s Office pertaining to the county’s Unlicensed Contractor Initiative for its building construction services department.

The county board approved a contract for an amount not to exceed $202,548.72 with the sheriff’s office, resulting in an amount not to exceed $549,856.10 for the two-year contract term, based on the board’s agenda backup materials.

The approval was made as part of the board’s consent agenda, meaning it was passed as one of several items without discussion.

The contract calls for the services of two detective to investigate unlicensed contractor activity. The agreement also allows for four additional automatic one-year renewals on Oct. 1 of each subsequent year, contingent upon board approval.

The aim of the detectives’ work is to “protect the public from falling victim to unlicensed contractors,” according to materials in the board’s agenda packet.

In other action, the board:

  • Authorized the transmittal of a request for a proposed land use change on 188 acres at the northwest quadrant of State Road 52 and Bellamy Brothers Boulevard, for review by state agencies. The request calls for allowing up to 380 single-family homes and townhomes.
  • Adopted a change to the county’s comprehensive plan relating to airport protection zoning and land use compatibility.
  • Accepted the International Association of Fire Fighters (IAFF) 2020-2023 Collective

Bargaining Agreement – IAFF Local 4420, Pasco County Professional Fire Fighter’s Union

  • Approved the purchase of playground equipment at the Sam Pasco Recreation Center playground by utilizing the OMNIA Partners Cooperative Contract No. R170301 with BCI Burke Company LLC (BCI), which is currently in effect. The purchase is not to exceed the amount of $137,457.53 in fiscal year 2022.
  • Approved a change order to extend time and provide $60,000 in additional funding for Starkey Ranch District Park Phase 2A, resulting in a new cumulative NTE contract amount of $4,054,628.37 for fiscal year 2022 and an extension of time by 30 days.
  • Approved $300,000 for the county’s Destination Management Organization, for additional marketing and research initiatives. The DMO’s revenues came in higher than anticipated in 2021 and these funds will allow it to provide more services to Pasco County during fiscal year 2022.

Published January 19, 2022

Beware of COVID-19 testing scams

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The Florida Department of Health-Pasco County has issued a warning for consumers to be on the lookout for COVID-19 testing scams.

In a news release, health department officials note: “Now more than ever, residents should rely on trusted sources of information for access to COVID-19 testing, vaccinations, and future monoclonal antibody treatment locations in Pasco County. As demand for testing increases, so does the risk for potential scams.

“Residents are urged to be on the lookout for fraudulent COVID-19 products and practices, especially as it pertains to testing. Further, the U.S. Food and Drug Administration (FDA) has seen unauthorized fraudulent test kits for COVID-19 being sold online,” the news release says.

Here are some helpful hints:

  • Rely on trusted sources of information for COVID-19 testing and locations
  • Check to make sure a COVID-19 testing location is legitimate

Be cautious about:

  • Unexpected phone calls or visitors offering COVID-19 tests or supplies
  • Offers or advertisements for COVID-19 testing on social media sites
  • Purchasing at-home testing kits from street vendors
  • Offers from individuals going door-to-door selling at-home testing kits
  • Links that seem questionable or are from unverified sources offering COVID-19 testing options.

Complaints about fraudulent activity related to COVID-19 testing can be reported to the State of Florida Attorney General at MyFloridaLegal.com or by calling 1-866-966-7226.

Complaints regarding laboratories associated with COVID-19 testing sites can be reported to the Agency for Health Care Administration by emailing .

If you suspect COVID-19 health care fraud, report it immediately to the U.S. Department of Health and Human Services Office of Inspector General online at Tips.hhs.gov, or call 1-800-447-8477.

If you suspect illegal activity relating to FDA-regulated products, including fraudulent COVID-19 treatments, vaccines and tests, report it to the FDA Office of Criminal Investigations at AccessData.FDA.gov/Scripts/Email/OC/OCI/Contact.cfm.

Pasco County COVID-19 testing and vaccination sites:

TESTING
Gulf View Square Mall, 9409 U.S. 19, in Port Richey, seven days a week from 7 a.m. to 7 p.m. Visit bit.ly/PascoCOVIDtesting for more information.

VACCINATIONS
COVID-19 vaccination appointments are available from 8 a.m. to 4 p.m., on the days listed below at these DOH-Pasco Clinics:

  • Tuesday and Thursday at 10841 Little Road, in New Port Richey
  • Monday and Friday at 13941 15th St., in Dade City

FREE AT-HOME COVID-19 TESTS
Residential households in the U.S. can order one set of 4 free at-home tests from USPS.com.

 

Published January 19, 2022

Will Pasco pass temporary ban on new ‘used car’ lots?

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The Pasco County Commission has directed its staff to proceed with work to pursue a pause on allowing additional used car lots in the county.

County staff have been investigating potential code violations at existing used car lots.

Commission Chairwoman Kathryn Starkey asked for a staff update of that work during the county board’s Jan. 11 meeting

Sally Sherman, assistant county administrator for development services, told Starkey: “We will be sharing a report that’s being prepared right now that shows the activity for 67 car lots that have been visited, reviewed — as far as what has transpired on the lot. Some that have complied. Some that are grandfathered in. And we have them all categorized,” Sherman said.

“We do have a very comprehensive report that is being prepared on each one of those lots. That report is going to be finalized and I can share it with each one of you next week,” she told the county board.

“They all differ to a certain degree, chair, because some of them — if they’re grandfathered, there’s nothing that limits them. They just have to keep driveways and access available for emergency,” Sherman said.

Starkey responded: “Even if they’re grandfathered on our new used car overlay ordinance, they still had to have some kind of approval that allowed a certain kind of parking spaces, right, on-site. I think that’s our tool to clean up some of these.”

Sherman told Starkey that some lots will close and then they’ll open up somewhere else.

Sherman added: “So, we’re chasing, continuously, those properties.”

Starkey wants the county to take action now.

“While we’re still cleaning up the mess — and so that it doesn’t proliferate — I think we should do a moratorium on used car lots,” Starkey said. “I think we have so much work to do on the ones that we have, and I’m telling you that they’re popping up all over.

“I think we’ve got to put a stop to it, until we have under control,” Starkey said.

Commissioner Mike Moore chimed in: “I’ll support you.”

Starkey asked: “Would you make a motion?”

Moore continued: “They’re on (U.S.) 41 and (State Road) 52 and obviously, we know (U.S.) 19. You see a couple on your side of (State Road) 54, closer to (U.S.) 19, as well.”

Commissioner Ron Oakley said: “I don’t see it (in his East Pasco district), like you see it on the west side.”

County Attorney Jeffrey Steinsnyder told board members that they would have to adopt the moratorium through an ordinance, that there would need to be a plan for fixing the problem and that it would need be to no longer than a year, to be sustainable.

“The last time we did one (apartment moratorium) it was six months, with the ability to extend it for six months,” Steinsnyder said.

Starkey responded: “I would recommend that.”

Steinsnyder added: “It has to be advertised and it’s going to come back to you as a public hearing item. But my concern is that the planning department has to have the resources to actually develop standards for a fix.”

Starkey responded: “I bet they’re out there,” adding, “I think we can come up with some good ideas.”

With that, the county board unanimously approved Moore’s motion to pursue a temporary moratorium on establishing new “used car” lots.

Published January 19, 2022

Pasco’s 2021 building permit values reach nearly $4 billion

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Pasco County’s permitting activities continue to break records — with the county issuing  permits totaling nearly $4 billion in value during 2021, according to County Administrator Dan Biles.

The pace of growth is brisk in Pasco County and there are no apparent signs it will be slowing any time soon, according to County Administrator Dan Biles. (File)

Biles broke down the numbers for the Pasco County Commission during its Jan. 11 meeting.

The county recorded 9,000 single-family home permits in 2021, Biles said.

“That’s 56% above 2020 and double 2019. And, 2019 was a record,” Biles said.

“These are post-crash records because we don’t have necessarily clean data from the pre-08-09 crash,” the top county executive said.

“Commercial is up 20%. Almost 700 new permits, new construction numbers.

“Building construction did 64,000 total permits last year, which was up 20%. The new stuff is only about 10% to 15% of their total workload.

“And, most of that total workload now can be done online, as we went to the new portal in December. Most permits can be submitted online and you get them relatively quickly.

“By the way, planning’s workload is double what it was 12 months ago, so more’s coming,” Biles told board members.

Published January 19, 2022

Museum receives funding

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Florida Humanities, the statewide, nonprofit affiliate of the National Endowment for the Humanities (NEH), has awarded the Pioneer Florida Museum & Village a $15,000 grant for general operating costs to help recover from the economic impact of the COVID-19 pandemic, according to a news release from the museum.

Portraying a Confederate courier, Chuck Sheridan, of Sanford, delivers a message to Gen. Harding. (File)

“The American Rescue Plan funding will help us keep the current staff we have and pay our bills at the Pioneer Florida Museum,” Stephanie Bracknell Black, the museum’s executive director, said in the release. “It will allow us to continue to serve our community. We are so very grateful for the American Rescue Plan grant and for Florida Humanities being able to get these funds to organizations like ours that continue to feel the hardships and work to recover from the COVID-19 pandemic,” Black added.

The NEH received $135 million from the American Rescue Plan (ARP) Act of 2021.

The state humanities councils, including Florida Humanities, each received a portion of the NEH award to support museums, archives, historic sites and other humanities-focused nonprofits. The Pioneer Florida Museum was one of 129 organizations in Florida that was awarded ARP funding totaling $1.88 million from Florida Humanities, the new release says.

“The grants are intended to meet immediate operational needs in order for organizations to remain viable and maintain delivery of public humanities programming and resources in their communities. Florida Humanities received 188 applications for ARP funding, with nonprofits requesting the most funds for staffing and utilities.

Six-year-old Gregory Jacobsen holds his ears during the booming sounds coming from the 12-pound Mountain Howitzers. This was the young boy’s first experience of seeing a Civil War re-enactment. He was there with his dad, Benjamin Jacobsen, of Tampa.

Dr. Nashid Madyun, executive director of Florida Humanities, said in the release that the funds provide a safety net for the organizations so they can focus on other priorities, such as fundraising and creating programming.

“For smaller nonprofits, when bills are paid and staff are safe and intact, that type of alleviation is immeasurable,” he said. “Florida Humanities is honored to provide a lifeline to our state’s cultural and historic organizations, ensuring they continue to enrich their local communities, and the Sunshine State at large, for years to come,” Madyun said, in the release.

Funding for this grant was provided by Florida Humanities with funds from the National Endowment for the Humanities (NEH) as part of the American Rescue Plan (ARP) and NEH’s Sustaining the Humanities through the American Rescue Plan (SHARP) initiative.

The Pioneer Florida Museum & Village is a nonprofit organization dedicated to historic preservation and education of Florida’s pioneer heritage.

It regularly hosts events that offer fun ways to learn about history and give families the opportunity to enjoy affordable, entertaining outings.

The museum is located a mile north of downtown Dade City, is just off U.S. 301, at 15602 Pioneer Museum Road.

For more information, call the museum at 352-567-0262, visit its website at PioneerFloridaMuseum.org or its Facebook page, at Facebook.com/pioneerfloridamuseum.

Published January 19, 2022

Pasco gearing up for Big Shred V

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People who have sensitive or outdated documents they want to destroy can take advantage of free shredding services at The Big Shred V, presented by Pasco County Clerk & Comptroller Nikki Alvarez-Sowles.

Two shredding days are scheduled:

  • At the West Pasco Judicial Center, 7530 Little Road, in New Port Richey, on Jan. 29 from 10 a.m. until noon
  • At the Robert Sumner Judicial Center, 38053 Live Oak Ave., in Dade City, on Feb. 5 from 10 a.m. to noon

The event coincides with Data Privacy Day, which is celebrated on Jan. 28, Alvarez-Sowles said during the Pasco County Commission’s Jan. 11 meeting.

“People get in line super early because it is first-come, first-served. Once the trucks get full, that’s it, we cut off the line,” Alvarez-Sowles said.

“I want to thank our partners in this,” she added. Those include the Pasco County Commission, the county’s recycling department, Keep Pasco Beautiful, Covanta and Shred 360.

Record numbers participated last year, with 442 vehicles turning over 10 tons of sensitive paper in New Port Richey and 129 vehicles rendered just shy of 3 tons of documents for shredding in Dade City, according to the clerk’s website.

Participants may bring in the equivalent of two tall kitchen trash bags or three standard copy paper boxes for on-site shredding conducted by Shred 360 Tampa.

Published January 19, 2022

Omicron cases continue to soar across United States

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Cancellations are starting to occur more frequently, as COVID-19 cases continue to climb across the United States.

Health care experts say the surge is being driven by the Omicron variant of the virus.

An interpretive analysis published on The Centers for Disease Control and Prevention (CDC)’s website estimates that Omicron may account for approximately 95% of cases.

There were 5,705,264 new cases reported across the U.S. on Jan. 5, more than doubling the January 2021 peak, according to a CDC report.

“The entire country is now experiencing high levels of community transmission. Hospitalizations are also on the rise,” the CDC report says.

Based on current knowledge about the Omicron variant, the CDC recently updated its quarantine and isolation recommendations for the public.

Those coming into close contact with someone with COVID-19 should quarantine if they are in one of these groups:

  • Age 18 or older and have completed the primary series of recommended vaccine, but have not received a recommended booster shot when eligible
  • Have received the single-dose Johnson & Johnson vaccine (completing the primary series) over two months ago and have not received a recommended booster shot
  • Are not vaccinated or have not completed a primary vaccine series

The CDC also says that those confirmed or suspected of COVID-19, regardless of vaccination status, should stay home and isolate from other people for at least five full days.

They also should wear a well-fitting mask when around others at home and in public for an additional five days.

Testing may be used to help determine when to end your isolation period, the CDC says.

As of Jan. 5, the current seven-day moving average of daily new cases (586,391) increased 85.7% compared with the previous seven-day moving average (315,851).

A total of 57,898,239 COVID-19 cases have been reported in the United States as of Jan. 5, according to the CDC.

Health experts are advising those who need to be tested to go to a local pharmacy, an urgent care center or a public testing site — not to a hospital emergency room.

Hillsborough County has three free COVID-19 testing sites, they are located at:

  • Hillsborough County Community College Brandon campus, 10451 Nancy Watkins Drive, in Tampa. It is open 9 a.m. to 5 p.m., daily for residents who want to receive free COVID-19 testing. This is a drive-thru site, and no appointments are needed.
  • Progress Village Park, 8701 Progress Blvd., in Tampa. This is a walk-up COVID-19 testing site open from 9 a.m. to 5 p.m., daily. No appointments are needed.
  • West Tampa Community Resource Center, 2103 N. Rome Ave., in Tampa. This is open from 9 a.m. to 5 p.m., daily. It is a walk-up site that offers free COVID-19 testing, vaccinations, Pfizer pediatric vaccines, booster shots for those who are eligible, and monoclonal antibody therapy treatment. No appointments are needed for most of the services, but residents wanting monoclonal antibody therapy treatment must make an appointment. They can make an appointment at PatientPortalFl.com.

Children ages 5 to 11 who are accompanied by their parent or legal guardian can receive the COVID-19 Pfizer pediatric vaccine at the West Tampa Community Resource Center site. The child must be accompanied by a parent or legal guardian to verbally confirm the child’s age.

For all services, proof of medical insurance is recommended and should be presented at the time of the visit. People without medical insurance will still be tested, vaccinated, or receive monoclonal antibody therapy treatment for free.

Meanwhile, according to a report by The Center Square, an online news outlet, Florida’s Republican Congressional delegation has entered into the state’s ongoing rift with the Biden administration over access to monoclonal antibody drugs.

The state’s two senators and 11 of its congressional members sent a letter to Health and Human Services Secretary Xavier Becerra arguing the administration’s distribution policy regarding the monoclonal antibody therapy “continues to be shortsighted and burdensome on states and health care providers.”

Their letter comes after Florida Surgeon General Joseph Ladapo accused the Biden administration of “actively preventing the effective distribution of monoclonal antibody treatments in the U.S.,” according to The Center Square report.

The Center Square also reported that Florida seniors who live in assisted-living facilities and nursing homes will receive 1 million rapid COVID-19 tests in an effort by the state to prioritize safety for those at high risk to serious illness.

Gov. Ron DeSantis announced the distribution during a visit at the Rehabilitation Center of the Palm Beaches, where he met with leaders in the senior care industry.

When to seek emergency medical attention
If you experience any of these signs, or someone you know is showing these signs, seek emergency medical care immediately:

  • Trouble breathing
  • Persistent pain or pressure in the chest
  • New confusion
  • Inability to wake or stay awake
  • Pale, gray or blue color skin, lips or nail beds, depending on skin tone.

Source: The Centers for Disease Control and Prevention

COVID-19 statistics
Statistics from Jan. 9:
Pasco County: Community transmission rate, High; Cases, 6,247; positivity rate: 30.05%.
Hillsborough County: Community transmission rate, High; Cases: 22,110; 30.2% positivity rate.
Florida: Community transmission, High; cases: 410,713; positivity, 25-plus%

Statistics from Jan. 7:
Pasco County Schools: 196 student cases; total of 6,793 student cases for the school year
Pasco County Schools: 31 employee cases; total of 1,273 employee cases for the school year
Hillsborough County Schools: 2,398 employees cases for the year; 12,751 student cases for the year

Note: The Centers for Disease Control and Prevention advises everyone in Pasco County and Hillsborough County to wear a mask in public, indoor settings.

Sources: Pasco County Schools, Hillsborough County Schools and the Centers for Disease Control and Prevention

Published January 12, 2022

Pasco moratorium area to expand?

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The Pasco County Planning Commission has recommended approval of a proposal that would expand the area where new applications for multifamily are on hold.

The planning board voted to recommend approval of the expansion during its Jan. 6 meeting.

The larger area was proposed by Pasco County Commissioner Mike Moore, who has championed the pause on new multifamily applications — to allow completion of a study to determine whether the county has an oversaturation of entitled apartment developments.

This map depicts the original boundaries for Pasco County’s temporary pause on accepting new multifamily applications, and the proposed expansion area. Approval of the expanded area appears likely, as the Pasco County Commission, which has final jurisdiction on the issue, directed staff to initiate the process for amending the map. (Courtesy of Pasco County)

Moore repeatedly has warned his colleagues about potential long-term consequences from allowing too many approvals of apartment projects.

He fears the prospect of an oversupply leading to buildings being abandoned, as renters move to newer developments. That, he has said, will set the stage for blight and increased crime.

The temporary moratorium on new multifamily applications applies only to an area within Moore’s District 2.

The temporary ban on new applications applies to an area essentially made up of Wesley Chapel and Land O’ Lakes.

The area initially was generally defined as between State Road 52, on the north; U.S. 41, on the west; State Road 54 on the south; and, Bruce B. Downs Boulevard, on the east. The boundary zigzags between Moore’s District 2 and Commissioner Ron Oakley’s District 1.

The proposed expansion includes several additional areas along the State Road 54/State Road 56 corridor.

The expansion area can generally be defined as State Road 54 to Collier Parkway to County Line Road (south) to Mansfield Boulevard to State Road 56; and from just east of Bruce B. Downs Boulevard and State Road 54 due north to Interstate 75 to Overpass Road and west to the existing moratorium boundary.

The planning board’s recent recommendation follows Moore’s request to apply the moratorium to areas that became part of his district as a result of redistricting.

(The board recently adopted new boundaries for commission districts in response to population changes recorded by the 2020 U.S. Census. Redistricting is an exercise that aims to balance out population within individual voting districts.)

The call for expanding the moratorium area does not include a request to extend the April 1 deadline on the moratorium.

Originally, the moratorium was set to expire on Sept. 28, 2021, but the county board extended it for 185 days, to allow more time to complete the study.

The study is examining whether there’s a potential oversaturation due to existing and possible future multifamily developments, and to determine whether additional regulations are necessary.

It aims to identify how much multifamily already is entitled and to examine market demand, occupancy rates and other issues.

A housing market research firm is preparing the report and will present it to the board.

That report will cover the current quantity of multifamily dwelling unit entitlements and the current acreage of land zoned for multifamily dwelling units, including the acreage having potential for multifamily units upon approval of a conditional use.

It also will include the potential number of multifamily dwelling units available through existing land use equivalency matrices to accurately calculate and determine the true potential for the oversaturation of multifamily dwelling units within the moratorium area.

If the expansion area is approved by the county board, it would take effect on Jan. 6 — the date of the planning board’s public hearing on the topic.

In extending the original deadline, county staff said the extension was justified because of procedural delays, staff shortages, and the complexities associated with accurate data collection.

In its original approval of the ordinance allowing the temporary pause on new multifamily applications, the county board described the action as being “in the best interest of the public health, safety, and welfare, and (noted) that it advances a valid and important public purpose.”

Published January 12, 2022

Youth group home request in Wesley Chapel faces opposition

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A request to waive Pasco County’s conditional use permit requirement for a proposed group home for handicapped youths has drawn opposition from its potential neighbors, in a Wesley Chapel neighborhood.

The Pasco County Planning Commission has continued the public hearing on the request to its Feb. 3 meeting, to allow Chief Assistant County Attorney David Goldstein time to work on refining conditions in an attempt to address concerns expressed by neighbors and some members of the planning board.

Goldstein has recommended approval of the request, but in doing so, he provided background and a set of proposed conditions.

The issue involves a proposal by Elevated Youth Services (EYS) to operate a residential treatment facility for young men, ages 13 to 17, with multiple or dual diagnoses of emotional or mental illness,  at 26318 Lawrence Ave.

Before the applicant purchased the property, Nicholas B. Browning, owner and clinical director of EYS, sought a zoning verification letter from the county.

In that Aug. 17 request, Browning told the county “we are looking provide housing for up to 12 youth in the home.”

Frederick Humberstone, a planning and zoning tech II for the county, responded to Browning’s request by informing him on Aug. 18:  “Under the AR-1 zoning the proposed use as a residential youth group home is a permitted use.”

EYS then closed on the property for the group home.

It turns out that Humberstone’s determination was incorrect: A residential group home is a permitted use, provided that it has six or fewer residents, under the county code, according to Goldstein.

Browning told the planning board that clients served by EYS need a group-home setting, which operates similar to a family, as part of their treatment plan.

Dan McDonald, a fair housing attorney representing EYS, said requiring EYS to go through the county’s conditional use permit process would constitute a violation of federal law.

In the planning board’s agenda materials, Goldstein summarized EYS’s primary argument. He said EYS claims that Pasco’s land development code “either facially, or as applied, discriminates against handicapped residents (including those that would occupy the EYS facility), because handicapped residents are required to go through a conditional use process, but similarly situated non-handicapped residents are not required to undergo the same process.”

The county attorney’s office has recommended that changes be made to address the legal issues raised by EYS, but those changes are not yet in effect, Goldstein said.

The attorney also noted that “requiring EYS to go through the conditional use process at this time could subject the county to potential liability, and would be a difficult decision to defend in this particular case, because of the existing Land Development Code definitions, and because of the August 18th, 2021 zoning verification letter issued by the Planning and Development Department.

“Accordingly, while the County Attorney’s Office is certainly not admitting to all of the allegations in the alternative relief application, the County Attorney’s Office is recommending approval of the application,” Goldstein said.

Goldstein also told the planning board that approving the request with conditions would provide more protection for neighbors than they could receive if the group home had six or fewer residents — which would have no restrictions.

But neighbors questioned how the residents moving into the home would be screened, noting they don’t want to worry about the safety of their families.

They also raised questions about whether supervision of the residents will be adequate and voiced concerns about the residents “roaming” the neighborhood.

Other issues raised included drainage problems in the home’s backyard and inadequate parking.

Browning said there would be 24-hour staffing, with a four-to-one ratio of residents to staff. He said the youths would be educated through online schooling.

Planning board member Chris Poole said he believes that residential treatment centers are important, noting he has a child who is being assisted at one.

However, he added: “I think we owe it to the residents to go through this (conditional permit process).”

McDonald reiterated that requiring EYS to undergo a conditional use permit hearing would violate federal law.

Goldstein noted the county could be found liable and be required to pay damages.

Published January 12, 2022