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Serving Pasco since 1981/Serving Lutz since 1964

Denise Hernandez

New Dunkin’ coming to Land O’ Lakes

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The Pasco County Commission has approved a rezoning that will allow for a new convenience store, with gas pumps and a Dunkin’, near Ehren Cutoff, in Land O’ Lakes.

The 2.38-acre site is on the southeast corner of the intersection of Land O’ Lakes Boulevard and Ehren cutoff.

The rezoning involved joining two parcels together, one zoned for commercial and the other for rural residential.

Denise Hernandez, county zoning administrator, said the request would not introduce a new gas station onto the property — but replace one that’s already there.

The site plan also calls for a Dunkin’, she said.

County Commission Chairman Mike Moore noted that the new plan is essentially an upgrade from current conditions.

“So, it could use a little makeover and it’s getting a makeover, thankfully,” Moore said, noting that the Dunkin’ (previously known as Dunkin’ Donuts) will be an amenity in the area.

Commissioner Ron Oakley agreed with Moore’s assessment: “That’s what it says on the site plan — they’re redoing that to enhance it. It needs that in that area.”

Moore added: “It kind of goes in line with what we’re trying to do, to try to clean up (U.S.) 41.”

One resident, Rob Park, who lives on Ehren Cutoff, objected to the rezoning.

He questioned a discrepancy between two transportation studies done in the area.

A county staffer said it’s not unusual for two different transportation studies to have different data.

In other action, commissioners:

  • Approved a request for a conditional use to allow the sale of alcoholic beverages: beer, wine, liquor; package sales and on-premises consumption, anywhere within the common areas of The Shops at Wiregrass, in conjunction with the operation of a shopping center.
  • Heard an update from Moore regarding tourism prospects. Moore told board members that the county will be getting a volleyball tournament, a golf tournament, a fishing tournament and a basketball tournament. Some tournaments are coming from out-of-state, but others are shifting from other parts of Florida.

Published September 02, 2020

Baseball and softball school approved in Wesley Chapel

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A request to allow a private baseball and softball school in Wesley Chapel has gained approval from the Pasco County Commission.

In granting the request, commissioners overturned a decision made on Feb. 21 by the Pasco County Planning Commission.

Planning commissioners had denied the request , despite a recommendation for approval by county planners, who said the request was consistent with the county’s comprehensive plan, as conditioned.

Attorney Barbara Wilhite appealed the planning commission’s denial, on behalf of her clients, Ryan A. and Elizabeth J. Prior.

The approval allows the school to operate on 5 acres, on a property 320 feet south of the intersection of Hadlock Drive and Elkmont Lane.

The rules governing the appeal hearing, which was held Aug. 6, barred the introduction of new testimony, so Wilhite explained her clients’ request by outlining the conditions contained in the original request.

Among other things, those conditions included:

  • Limiting the number of students on the property on any given day, and at any given time
  • Limiting the hours of operation
  • Prohibiting outdoor speakers and public address systems
  • Keeping balls within the applicants’ property

The main issue during the planning commission hearing dealt with access to the site, Wilhite said.

One proposed condition dealt specifically with improving the road, but the attorney noted, “ultimately, the neighbors objected to anything being done with that road.”

Wilhite also pointed out that during the planning commission hearing, the county staff testified the road was accessible.

Wilhite characterized the planning commission’s action on the request as being confusing.

“It ended up being a 3-2 vote for denial. Interestingly enough, that swing vote was the person who recommended approval and moved approval,” she said.

The motion for approval “didn’t get a second,” she added, “and then that person ended up being the swing vote for denial.”

Wilhite also cited testimony by Denise Hernandez, of the county’s planning staff, who told planning commissioners that another baseball school had been approved on land with the same zoning category about 2 miles away.

“The record was very clear, and your staff was very clear that this was a compatible use,” Wilhite said.

Elizabeth Prior also spoke to commissioners.

“Obviously, myself and my husband are the applicants for this special exception.

“The neighbors that are objecting, we bought the house from them. They had full knowledge of what we wanted to do before we bought the house from them.

“My husband does private clients, it’s one on one, maximum of four at any one time.

“The staff at Pasco County approved the application, with conditions,” she said, adding that two staff experts testified that the road was sufficient.

She told county commissioners that Planning Commission Michael Cox’s motion for denial appeared to be based on “opinion” rather than the record.

Attorney Dave Smolker, of the law firm Smolker Bartlett in Tampa, represented the Dion family, who own property next-door, during the appeal.

“The Planning Commission got it right. This use is simply too intense for this particular location. Sometimes that’s the way it is. It’s a square peg in a round hole,” Smolker said.

He also attempted to introduce information that was not part of the record during the planning commission meeting, which was met by objections from Hernandez.

Smolker told commissioners there was no basis for overturning the planning commission’s decision.

Pasco County Commission Chairman Ron Oakley asked Hernandez to compare the conditions for the current request with the baseball school that was previously granted.

Hernandez said the conditions proposed for the Priors’ application were stricter.

Commissioners Kathryn Starkey and Mike Moore spoke in favor of overturning the planning commission’s denial.

“I’m kind of shocked that this was denied,” Commissioner Kathryn Starkey said.

Commissioner Mike Moore agreed. “I’m going to support overturning this,” he said. “I think this is ridiculous.”

Beyond overturning the planning commission’s decision, board members also called for reducing the restrictions on the baseball and softball school.

For instance, they increased the allowable hours of operation, and they removed a condition relating to road improvements.

Published August 14, 2019

A winter play park in Florida?

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A new winter play park may be coming to East Pasco.

The attraction would have a snow hill where people could go snow-tubing, an area where they could play in the snow, and other features.

The winter park would be situated next to the Tree Hoppers Aerial Adventure Park, off St. Joe Road, east of Bellamy Brothers Boulevard, in Dade City.

The Pasco County Planning Commission and the county’s planning department have recommended approval of the request, with conditions.

A dozen letters in support have been incorporated into the public record, as part of the application, but the request also encountered opposition during the planning commission’s July 11 public hearing.

The applicant is seeking conditional use approval for two parcels, as well as permission to sell beer and wine for consumption on premises, said Denise Hernandez, the county’s zoning administrator/special projects manager.

The western parcel makes up about 58.5 acres and the eastern parcel makes up about 60 acres, Hernandez said.

The western parcel consists of areas of dense vegetation and a mature tree canopy. The applicants want to convert that into a winter park.

The eastern parcel is occupied by Tree Hoppers, which was approved as a conditional use in 2012. It consists of zipline and rope ridge obstacle courses, concession areas, and a gift and pro shop.

The Tree Hoppers site also is used to host an annual fall festival and Halloween festivities, including Scream-A-Geddon. Those events have been operating under annual temporary use permits.

The pair of attractions would be on the north side of St. Joe Road, about 800 feet east of Bellamy Brothers Boulevard and on the east side of Bellamy Brothers Boulevard, approximately 1,400 feet north of Bent Fork Road.

The conditional use, which would apply to both parcels, would allow the winter park to operate up to 120 days a year and the festivities on the Tree Hoppers site to operate up to 56 days a year, according to proposed conditions. Both of the attractions would operate between two and seven days a week, and both attractions would not be allowed to operate at the same time, according to the conditions.

Attorney Clarke Hobby said his client owns the Tree Hoppers site and purchased the other parcel.

“There is actually new technology where you can build a snow hill, and provided that the weather stays under 80 degrees, the snow will stay in place for an extended period of time,” Hobby said.

“While we’re asking for a term that may be up to 120 days (for the winter park), my suspicion is, based on being born and raised here — it may be only open 30 or 45 days a year,” Hobby said.

The proposed winter park would not be the first operation of its kind, the attorney said.

“They’ve got one up in Stone Mountain, Georgia, and it’s a bigger facility than we may have here, but this is what they are talking about creating. They’re very, very popular. People really, really enjoy them with their kids,” Hobby said.

The attorney said his client wants to be a good neighbor and has had a number of neighborhood meetings, which he described as being productive.

As a result, most of the neighbors living or having property closest to the site have submitted letters of support, Hobby said, adding he would be glad to continue working with any neighbors who have concerns.

William Geiger, who owns property next to the proposed winter park, told planning commissioners that he’s concerned that the proposed project could negatively impact his property values.

“I just don’t feel a 40-foot snow hill fits the agenda you all put in for Northeast Pasco,” Geiger said.

He characterized the request as a commercial operation, and said there are plenty of other commercial locations where it could go.

Stephen Gonzalez, of St. Joe Road, lives less than a mile from the proposed attraction.

“I moved out there 23 years ago. We did so because it’s quiet and it’s rural, and you can see the stars at night,” Gonzalez said.

He doesn’t mind Tree Hoppers, because the attraction is back in the woods.

But, he asked:  “How did Scream-A-Geddon come about?

“It’s like having the state fair at the end of your residential road, for about two months. That kind of traffic. That amount of cars. That amount of people, driving up and down the roads. “That amount of trash, on the side of the roads. Every Saturday and Sunday. It’s a big crowd.

“I think it’s .75 miles from my house to the corner of St. Joe and Bellamy Brothers,” Gonzalez said.

Like Geiger, Gonzalez said the proposed attraction should be in a commercial space.

“It’s just in the wrong area. It should be on (U.S.) 301. It should be on (U.S.) 19. It should be in a commercial business area,” he said.

“This is an amusement park. People are paying admission. This should be in a commercial area,” he said.

“It’s on a road that’s a completely quiet, rural residential road,” Gonzalez said. “This doesn’t fit at all to that rural, residential setting.”

Hobby said one of the reasons for locating the park in the area is because of the land’s contours. “There’s a natural roll on it. There is about a 30- to 40-foot drop over the west side.”

The attorney also noted the plan calls for substantial buffering.

Hernandez said the conditions place specific limits on the operating hours.

When the winter park is open, its operating hours would be Sunday through Thursday, 8 a.m. to 10 p.m.; Friday and Saturday, 8 a.m. to 11 p.m.

When the fall festival and Scream-A-Geddon area open, the operating hours will be Sunday through Thursday, 7 p.m. to 11 p.m., and Friday and Saturday, 7 p.m. to 1 a.m.

Planning Commissioner Jaime Girardi spoke in favor of the request.

“The applicant here seems like he’s done a lot to protect the buffer. He’s protected the access. He’s limited the access to only St. Joe Road.

“I think the applicant has done a lot to try to be a good neighbor,” Girardi said.

The request now goes to the Pasco County Commission, which has the final say on zoning and land use issues.

Published July 24, 2019

Opponents cite access concerns in Wesley Chapel rezoning

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Questions are being raised about the safety of entering Wesley Chapel Boulevard from Hay Road, in a rezoning case seeking to allow 35 single-family attached townhomes on Hay Road.

The applicant, Lawrence P. Martinez, represented by Attorney Barbara Wilhite, is seeking to change the zoning on about 6 acres from agricultural use to medium density, multiple family.

The Pasco County Planning Commission heard the request at its May 9 public hearing.

The request involves a parcel on the west side of Hay Road, about 1,800 feet south of Wesley Chapel Boulevard.

The applicant has voluntarily agreed to deed restrictions that would limit the use of the property to single-family attached townhomes, said Denise Hernandez, Pasco County’s zoning administrator.

“This will not be an apartment complex,” Hernandez told planning commissioners, who serves as an advisory body to the Pasco County Commission on zoning and land use plan cases.

The zoning administrator also noted that the Pasco County Commission has approved similar zoning requests, and that county planners have recommended approval.

“The access at this point of time is proposed through Hay Road,” Hernandez said, but she added there’s a possibility that the parcel maybe developed along with the property to the north. If that happens, the primary access would be Wesley Chapel Boulevard, also known as County Road 54.

Neighbors, however, voiced concerns about the safety of using Hay Road as the primary access. Reginal Mesimer, a traffic engineer from St. Petersburg, appeared on behalf of Perry and Synthia Horner, who own property near the proposed rezoning.

The Horners own Hay Road, with some others who have easements to use it, Mesimer said.

“Right now, there are seven homes on Hay Road. One day, the Horners would like to develop their property with 200 units.

“About a year ago, a traffic signal went up at the entrance of Grand Oaks Boulevard, which didn’t line up with Hay Road. Now, there’s no way to provide a left-turn lane to enter Hay Road from County Road 54, and northbound queuing traffic coming out of Hay Road often is blocked by traffic queuing at the traffic signal at (County Road) 54.

“Mr. Horner tells me in the past year there have been two accidents associated with people who actually live on Hay Road, at that intersection, simply because Hay Road is so close to the traffic signal.

“Now, the county has plans to widen County Road 54 (also called Wesley Chapel Boulevard) to six lanes,” Mesimer added.

Mesimer noted that the parcel up for rezoning might be joined with another to the north, which has access to Wesley Chapel Boulevard.

That would be more suitable than trying to flow the traffic from the 35 new units onto Hay Road, Mesimer said.

The Horners have offered to provide land for an access road to allow motorists to drive to the signalized intersection at Grand Oaks Boulevard, which would improve access for everyone using Hay Road, Perry Horner said.

Paul Steele, of 4100 Hay Road in Lutz, urged planning commissioners to reject the rezoning request.

“We see our lives being turned upside down by this whole development, and a devaluation of our property. I’m here in complete protest to the idea,” he said.

Steele said he has lived on his property for 22 years and is raising several children there.

“We moved into that neighborhood for the specific express purpose of having our solitude, our privacy, being able to lead our lives in a certain way — free of heavy traffic, free of potential crime, free of people coming onto property constantly, being able to have our dogs run free, etc., etc., etc.

“This proposed development is going to have a serious negative impact on our lifestyle.

“If the road situation is not changed, it will have even an additional impact on the safety of my family and people coming to visit us on Hay Road.

“There’s been two very serious accidents. It led to one resident actually selling the property, leaving the property.

“It’s already a bad situation with a blind turn. When you turn right off of Hay Road today, traffic is coming 55, 60, 65 miles an hour. Very frequently people are almost rear-ended, just making a right-hand turn because you can’t see the traffic coming,” Steele said.

Wilhite said she’s not sure if her client will use Hay Road to get to Wesley Chapel Boulevard, or will be able to access the road through a property to the north.

David Goldstein, chief assistant county attorney, asked the applicants if there is sufficient right of way to improve Hay Road, if that becomes necessary for access.

Steve Henry, a traffic engineer from Lincks & Associates, representing the applicant, said there is enough right of way for a 20-foot road on Hay Road.

The planning board unanimously recommended approval of the rezoning. The Pasco County Commission has the final say.

Published May 15, 2019

‘Powerglides’ launch site gets OK

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The Pasco County Commission has given the green-light to a conditional use permit to allow takeoffs and landings of motorized parachute devices — known as powerglides — on a 19-acre parcel, at the southeast corner of McKendree Road and Tyndall Road in Wesley Chapel.

While commissioners approved the request, Commissioner Mike Moore questioned why they were even considering the issue.

”Why does this have to come in front of the board? I see these things flying all over, where I live. Literally, I see these all over Pasco County all of the time,” Moore said.

“I just think it’s a waste of these people’s time to have to come do this. That’s my opinion,” Moore said.

Denise Hernandez, the county’s zoning administrator, said the use is not considered to be a customary and incidental use of agricultural property.

County attorney Jeffrey Steinsnyder noted: “If the board wishes to make this a permitted use in an agricultural district, it can. It isn’t currently. That’s why it’s before you today.”

Moore reiterated that he sees this type of device flying all over Pasco County.

Steinsnyder responded: “The flying isn’t illegal. It’s the landing and taking off on a piece of property. I don’t know where those you are seeing are landing and taking off from.

“This is the use of a piece of property.”

Commission Chairman Ron Oakley told Moore, “One of the reasons we’re here is because they take off and land and cross a person’s property next door, that affects the person’s way of life.”

Oakley added that the neighbor boards horses, and “these motors going across her property is causing her an issue.”

Attorney Barbara Wilhite, represented applicant Carol A. Roth.

She said a neighbor complained and a citation was issued by code enforcement.

The applicant had the choice of litigating the issue, or seeking a conditional use permit and opted to pursue the conditional use, the attorney said.

Wilhite noted there is a radio-controlled model airplane club that operates nearby, as well as a motocross track.

A paraglider spoke during the public hearing. He showed commissioners a video that demonstrates how the motorized crafts work, and also showed them a couple of horses in a field that did not appear to be disturbed by the motorized paragliders.

But, Gena Hester, who lives on Tyndall Road next to Roth’s property, voiced opposition

“The RC (radio-controlled) flyers across the street, they don’t fly over my property. The guys down the street that have the four-wheelers, they’re not flying over my property. I’m talking about my property,” she said.

“I have held a county boarding license since 2002. I have been boarding (horses) since 2003. The men, when they’re landing, they’re landing up to 10 feet over my property.”

She said she had shown a video during the Planning Commission meeting on the request, which showed that “they did land over their (her horses) heads, and they did scare my horses.”

Hester added: “They were flying in the front pasture, the side pasture, everywhere. That takes away my quiet use and enjoyment of my property.

“It’s my property that I want to ride my horses on, and those things are loud. Consider the size of a large lawnmower, and they’re flying over my house. I can’t ride my horse. Nobody else can ride their horse. Because it scares them. That’s the point I’m trying to get at,” Hester said.

Wilhite said the applicant has tried to work with staff and tried to achieve a balance.

“Can I say that my client is comfortable with these conditions? No. Do they want to be able to move forward, does she want to be able to use her property? Yes. That’s where we’re at,” Wilhite said.

Moore said the proposed area for takeoffs and landings seems to be a better option than other, more congested areas of the county.

“You see them going over (State Road) 56 and (Interstate) 75 on a pretty consistent basis,” and he said, adding he worries about their safety there.

The board approved the request, subject to numerous conditions, including:

  • A maximum of four takeoffs and four landings per day
  • No landings of anyone who did not launch from the site
  • Operating hours allowed from 7 a.m. to dusk
  • Operations limited to six days per week, including only one weekend day
  • A requirement for operators to maintain a minimum height of 400 feet over adjacent properties, except during launch, landing and necessary circling.

The permit for this use will expire in 10 years, unless applicants submit a request in writing for the county to consider an extension.

Published January 16, 2019

Planning Commission recommends approval of controversial tower

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The Pasco County Planning Commission has recommended approval of a 110-foot observation tower on the south side of St. Joe Road in Dade City.

The approval came despite objections from two planning commissioners, as well as county planners, and an area resident and the owner of some adjacent property.

The request now goes to the Pasco County Commission, which has the final authority.

Terry and Mary M. McKnight, 36210 St. Joe Road, of Dade City, want to install the observation tower on a 9.84-acre site on St. Joe Road, about 4,965 feet east of Happy Hill Road.

Planning commissioners Michael J. Cox and Roberto Saez both strenuously opposed the request.

“I think this is just a real gross abuse of the land development code,” said Planning Commissioner Cox. “The land development code was written to not allow this kind of thing in an agricultural area.”

He also noted: “That’s pretty intrusive to other people. This thing is going to stick up five floors above the tree line.”

Plus, Cox said, “It’s not consistent with the rural character of that area.”

Planning Commissioner Saez put it bluntly: “I’m totally against this.

“I don’t like to create this precedent in the county,” Saez said, adding, “It’s more about privacy than anything else, in my opinion.”

The county’s planning staff recommends denial of the request.

During an Aug. 9 Planning Commission hearing on the request, however, the issue was continued and planners were asked to bring back conditions that could be attached to an approval.

The planners provided a list of 17 conditions, including that the tower cannot be used for commercial purposes. Among the other conditions: The tower must be painted green, loud music cannot be played in the tower and no electronic or recording devices are allowed on the tower, except for cellphones.

Terry McKnight said the applicant is agreeable to the conditions.

But, Steve Futch, of 2975 Plantation Road in Winter Haven, spoke against the request. He said the McKnights’ property is adjacent to property that was his mother’s land.

That property will be transferred to heirs of the family, and they oppose the request for the 110-foot tower.

The observation tower “will not promote rural or estate-type living,” Futch said.

The height of the structure would be the equivalent of an 11-story building, he added, “that would tower over the adjacent properties and be seen from a significant distance in all directions.”

He asked commissioners to consider the impacts the tower would have on its neighbors.

“Imagine having your private property being observed from such a high ‘observation tower’ which could easily be an invasion of  your privacy, your personal use of the property,” Futch said.

Another area resident, who lives across the lake from the proposed tower, said many of the people who would see the tower do not live close enough to receive notification of the McKnights’ request.

Despite the Planning Commission’s recommendation for approval, the county’s planning staff continues to recommend denial of the request, said Denise Hernandez, the county’s zoning administrator/special projects manager.

Published September 19, 2018

Townhomes approved off Willow Bend Parkway

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The Pasco County Commission has approved a rezoning to allow a townhome development on the north side of Willow Bend Parkway, about a half-mile east of Land O’ Lakes Boulevard, in Lutz.

The rezoning allows up to 70 units.

Technically, the new zoning classification would allow apartments, said Denise B. Hernandez, zoning administrator/special projects manager for Pasco County.

However, that won’t occur in this case because, Hernandez said, “the applicant is proposing single-family attached homes that will be on fee-simple lots,” and “the applicant has agreed to record a deed restriction on the property for that to be the only principal permitted use on the property.”

The zoning change will not take effect until that deed restriction is recorded, the zoning administrator said.

Two area residents spoke against the request.

They cited concerns about adding traffic to Willow Bend Parkway, which they said already has so much traffic that it’s hard to get onto or off of the road.

They also objected to allowing townhomes to be built in an area where the predominant development pattern is single-family homes on single lots.

Commissioner Mike Moore said he’d heard from opponents to the project, but said they thought that apartments were being proposed on the site. He said he would have opposed apartments.

Michael Horner, a planning and land use consultant, represented the applicant, Dorothy Dahm Bard Trust, and the contract purchaser, Town Homes of Willow Bend LLC.

“My client wants to build high-end, single-family attached townhomes. These are three-bedroom, two-bath, two-story, 2,000 square feet, high-end furnishing,” Horner told commissioners.

The site has fragmented wetlands, providing the ideal opportunity to have clustered single-family homes with individual views of the wetlands, Horner said. The townhomes are expected to start at $300,000.

“They want views. They want the double-car garage. They want the tray ceilings. They want the quartz countertops,” Horner told commissioners. “They do not want to cut grass, maintain lots, on the weekend.”

Moore noted that the current zoning allows 70 homes to be built, and the rezoning will allow 70 townhomes. “It’s a wash,” he said.

Commissioner Kathryn Starkey, agreed, noting the rezoning is not “a big change.”

Starkey made a motion for approval, which carried unanimously.

Published September 5, 2018

Proposed rezoning for Ballantrae office park raises questions

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The Pasco County Commission has continued a request to rezone the Ballantrae Professional Center until Sept. 17, to sort out issues relating to the center’s current uses, the proposed zoning and who has authority to request the proposed zoning.

The center, on the south side of State Road 54 at the intersection of Hunting Bow Circle, in Lutz, is currently zoned as a PO-1 Professional Office District.

The request, by the Ballantrae Center Owners Association, is to change the designation to a PO-2 Professional Office District, which allows a wider array of uses, said Denise B. Hernandez, zoning administrator/special project manager for the county.

The county planning department and the Planning Commission recommended approval of the rezoning.

However, during the County Commission’s public hearing on Aug. 21, an owner of a condo office building within the development objected to the proposed rezoning.

And, that objection prompted a reaction from Commissioner Mike Moore.

“He owns the building. That’s not what he bought into. That’s not what he purchased. Who am I to tell him that he’s got to change his zoning for something he doesn’t want. I’m not going to back this,” Moore added.

Hernandez said the rezoning request is aimed at bringing uses on the property into conformance with PO2.

“Going PO2 allows them to do every single use in PO1 and then add some additional uses, including private schools, post office, government buildings, barbershop, beauty salons, flower shops, those type of things,” she explained.

A number of current uses on the property already fall under the PO2 designation, she added.

“We think it’s consistent with the character of the area, the existing area, and we’re recommending approval of the zoning amendment,” Hernandez said.

However, there is confusion over who has the authority to request the rezoning, and also about the site’s current zoning.

The office park is condo-platted.

A real estate agent working on a parcel came in and told the county that the development needed to be PO2 because there are PO2 uses there, Hernandez said.

Stacie Mixon, speaking on behalf of the management company for the office development, said “this property, in essence, was originally a PO1, then it was changed to a PO2 years ago.

“If you looked at the property appraiser’s website, all of these properties are zoned PO2 according to the website.

“One of the builders went to build and they were told by building permitting that it’s PO1,” Mixon said.

“A lot of the owners purchased under the assumption that it’s PO2,” she said. “Tenants are in there that are supposed to be in PO2.

“Now, we’re at a standstill,” Mixon said.

County Attorney Jeffrey Steinsnyder said the issue wouldn’t be before the County Commission if the current zoning wasn’t PO1.

“The property appraiser is not the one who is in charge of zoning,” Steinsnyder said. “This board is.”

At one point, a portion of the office development was temporarily zoned PO2, with explicit provision that the zoning was temporary and was exclusively for Imagine Charter School, Hernandez said. That zoning was initially granted in 2008 and expired in 2012.

Imagine Charter School now has a permanent location on Sunlake Boulevard.

Commissioner Kathryn Starkey asked whether an individual office condo building owner could decide if they want PO1 or PO2.

“We don’t want to shut down all of those businesses,” Starkey said.

Mixon said owners in the office park voted on whether to seek a rezoning to a PO2 and the majority agreed, but she did not have specific information about the vote at the public hearing.

Steinsnyder recommended continuing the hearing until Sept. 17.

“Without looking at the condominium documents, I don’t know who the legal authority to rezone this property really would be,” Steinsnyder said.

By delaying the vote, county staff will have a chance to get additional information from the opponent to the rezoning and from the applicants, commissioners said in voting for the delay.

Published September 5, 2018

Food trucks get the go-ahead

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Pasco County is close to rolling out the welcome mat to food trucks as a dining option.

The Pasco County Planning Commission approved a proposed food truck ordinance at its Aug. 9 meeting in Dade City.

Next, the Pasco County Commission will consider the ordinance, which establishes regulations on food trucks, as well as “veggie vans.”

Members of the county’s Food Policy Advisory Council helped craft the proposed ordinance. The advisory council also helped create the county’s first ordinance on community gardens.

Food trucks currently operate under regulations for special events, such as the Kumquat Festival in Dade City.

The Pasco County Fairgrounds is exempt from the ordinance because there already is a food venue agreement in place for that site.

If the ordinance is approved, no permits or registration would be required.

The ordinance aims to encourage more food truck events, including food truck rallies.

Other state agencies, including the Florida Department of Business and Professional Regulations, already regulate food truck operations for health and safety.

“Qualifying mobile food operations will be those having obtained all required permits and licenses from the State of Florida,” according to the county’s ordinance.

The county would, however, impose special regulations to operate a permanent food truck “court.”

Those venues typically have multiple food truck selections in one location, and provide amenities, such as restrooms, seating, trash cans and play areas.

Football tailgaters don’t need to fret that the barbecue ribs, chicken, hot dogs and burgers served up from the back of their trucks will be governed by the new ordinance.

“It doesn’t regulate folks doing private tailgating,” said Denise Hernandez, the county’s zoning administrator. “This is for public consumption (of food) being sold to the public.”

The history of food trucks dates back centuries to when street vendors sold their wares from pushcarts. Charles Goodnight gets credit for the first chuck wagon that trailed along with cowboys during cattle drives in the West in the mid-1800s.

The more recent food truck fad started several years ago, and has become a permanent feature of the food industry.

Operating hours for food trucks generally would be from 6 a.m. to 10 p.m. However, a location abutting residential would be open from 8 a.m. to 8 p.m.

Food trucks would not be able to park overnight. If they operate from one location more than 90 days, the county would consider the operation permanent. Other regulations would then apply.

The ordinance also allows county departments, such as parks and recreation, to reach individual agreements for temporary food truck operations on county-owned property. A reservation fee, to be determined by each department, may be required.

By Kathy Steele

Published August 22, 2018

Decision coming on solar farm permits

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A decision on how and where to permit solar farms in Pasco County is headed for a vote on June 5 at 1:30 p.m., in Dade City.

Pasco County commissioners will consider an amended ordinance for the land development code on regulating solar farms. The ordinance had a first public hearing on May 22 in New Port Richey. No vote was taken at that hearing.

The matter has produced heated debate since plans for the Mountain View Solar Project were filed with Pasco County earlier this year.

Some residents in northeast Pasco County say they will lose scenic views if a solar farm is built off Blanton Road. (File)

Tampa Electric Company, known as TECO, is proposing to install about 464,000 photovoltaic solar panels on about 350 acres, on both sides of Blanton. The solar panels are expected to produce about 53 megawatts of power, which will be fed into TECO’s power grid.

Previously, the Mountain View Solar Project received approval from Pasco County Planning Commission for a special exception permit. However, a final decision from Pasco County commissioners is on hold after two appeals of that decision were filed in May.

The ordinance to be heard in Dade City, if approved, would codify the county’s future approach to permitting solar farms.

Currently, the land development code doesn’t specifically list where “solar electric power collection facilities” are permitted.  As a result, decisions regarding TECO’s proposal were based on a section dealing with uncertain classification rules.

The proposed ordinance would permit solar farms as special exceptions in agricultural zones, and permitted use in some commercial and industrial zones. Also, decisions on permitting would be left to county staff and the planning commission.

Pasco County commissioners wouldn’t directly vote on the permits, but would hear appeals.

At the May 22 hearing, about a dozen opponents spoke against the ordinance and the solar farm project, including two attorneys representing area homeowners.

Attorney Gordon Schiff represents Kathleen and Gordon Comer, who own a home and farm on property off Platt Road. Schiff filed the appeal of the planning commission’s decision on May 8, on behalf of the Comers.

Attorney Susan Johnson Velez represents a group of homeowners in northeast Pasco, including Sandra Noble. Noble filed an appeal of the planning commission’s decision, also on May 8.

Both attorneys raised objections to the county’s interpretation of sections of its land development code that were used to craft the proposed new ordinance.

Schiff said the county was treating solar farms as compatible with neighborhoods when they “are industrial in nature.”

TECO’s proposal should be held to tougher standards than the county is applying, he said.

The proposed facility “is not a substation, not commercial farming or agricultural activity. It’s a power plant,” said Schiff.

Johnson Velez said the county was ignoring its policies on protecting rural areas, including the natural views of rolling hills.

“I’m not sure how you protect scenic vistas from nearly half-a-million solar panels,” she said. “I think that should be addressed.”

Area residents also spoke in opposition. No one spoke in favor.

“Solar is a wonderful thing in the right place…but not in people’s backyards,” said Nancy Hazelwood.

If approved, the ordinance would apply countywide, not just in northeast Pasco, she said.

Some counties put solar farms in industrial areas, and others have created special districts for solar farms, she added.

Hazelwood asked that the county hire an outside consultant, not connected to the power industry, to study solar energy.

In the meantime, the ordinance would be put on hold, she said. “It’s too important to your citizens.”

Noah Kaaa, who lives on Platt Road, agreed.

What works in Hudson might not work in Trilby or Zephyrhills, he said.

“It’s too broad of a paintbrush to use across the entire county,” he said.

Denise Hernandez, the county’s zoning administrator, tried to address some of the resident’s concerns.

Research on other counties has been done, she said.

Hillsborough and Polk counties issue conditional use permits, and largely allow the decisions to be made at the staff level. Solar farms are allowed in agricultural zones in those counties, she said.

Applications for solar facilities would be handled on a case-by-case basis, said David Goldstein, Pasco’s chief assistant county attorney.

Because planning commission decisions can be appealed, he said, “Ultimately, the board of commissioners does have final say.”

Published May 30, 2018