Pasco County Planning Commission

Lutz Church of God gains approval for Land O’ Lakes location

September 19, 2023 By B.C. Manion

The Lutz Church of God has been granted a special exception from the Pasco County Planning Commission, allowing it to locate a church on 8.50 acres, on the west side of School Road, at the northernmost intersection of Land O’ Lakes Boulevard and School Road.

The planning board approved the request, with conditions. Planning board Peter Hanzel voted no, saying he doesn’t think the proposed church is compatible with the surrounding development.

Lutz Church of God has been granted a special exception from the Pasco County Planning Commission, allowing it to locate a church on 8.50 acres, on the west side of School Road, at the northernmost intersection of Land O’ Lakes Boulevard. (Mike Camunas)

In granting the request, the planning board stipulated that the future church be prohibited from allowing access to the lake by motorized boats.

The church’s pastor said that won’t be a problem.

It may have an observation deck at some point, so people can view the lake, but has no plans for a boat launch, he said.

Three neighbors spoke against the request.

They said they were worried that the church could create an access to the lake, which already suffers from water quality issues, posing an ecological threat to the lake.

They said if that access was granted, there’s no way of knowing how many members of the congregation would use that access.

They also said the church’s traffic and other impacts would just be another thing they’d have to live with, in an area that already has traffic from nearby Sanders Memorial Elementary School, a church and Christian school on School Road, and Land O’ Lakes Heritage Park.

Planning board members told opponents of the project that the church would not be able to add a boat dock without environmental clearances, which would be unlikely to occur.

The site is flanked on the north by Edmonson Electric; on the east by School Road, vacant property and Land O’ Lakes Boulevard; on the south by wetlands and vacant land; and on the west by Lake Thomas and wetlands.

The site currently has a single residential dwelling, which will remain on the property to be used for church purposes, according to the church’s pastor.

Published September 20, 2023

Massive project proposed on State Road 52

September 5, 2023 By B.C. Manion

The Pasco County Planning Commission has recommended approval of a request by Jeffrey Hust and Margaret Hust for a mixed-use development that includes 1.6 million square feet of mixed use and 1,000 multi-family dwellings.

The proposed mixed uses are 800,000 square feet of light industrial, 400,000 square feet of office and 400,000 square feet of commercial and retail uses.

The proposed master-planned unit development (MPUD), known as Abbey Crossings, is being planned for 245.24 acres on the south side of County Road 52, intersecting with McKendree Road.

The land currently is zoned for agricultural and commercial uses.

In addition to the rezoning, the applicant is asking for greater flexibility in the neighborhood park design for the multi-family apartments and is seeking a reduction in the on-site parking requirements.

The planning and development department has reviewed the requested variations and found that they meet or exceed the intent of the code, according to the planning commission’s Aug. 24 agenda materials.

The proposed project is within the boundaries of Connected City, specifically in the Business Core Center.

No one spoke during the planning board’s meeting for or against the project.

The request now goes to the Pasco County Commission for final action.

Published September 06, 2023

Higher park impact fees are coming to Pasco, so are more parks

August 8, 2023 By B.C. Manion

The Pasco County Commission has approved park impact fees of $3,450.15 per residential dwelling.

The higher fees, adopted by the board on July 11, take effect on Jan. 1, 2024.

The new rate is a whopping increase from the current rate of $891.82 per single-family unit and $627 per multi-family unit.

Impact fees are charged to new construction to address demands caused by growth.

State law limits impact fee increases to 50%, unless extraordinary circumstances can be demonstrated.

Recreational centers, such as the Wesley Chapel Recreational Complex, are popular gathering spots for people of all ages. They offer a variety of programs — giving people a chance to keep fit and make friends. (Courtesy of Pasco County)

In addressing the board about the proposed rate hike, Keith Wiley, the county’s director of parks, recreation and natural resources, noted that Pasco hasn’t raised its park impact fees since 2002. He also pointed out that the county has experienced unprecedented growth, while also encountering steeper costs because of inflation.

Simply put, the county can’t keep up with increasing demands caused by Pasco’s increased population, he said.

The higher fees will support projects outlined in a master plan that addresses park and recreation needs through 2045.

The master plan includes more than 20 new parks, expansions or other facilities — aimed at providing more recreational opportunities throughout the county.

Joe Farrell, of the Central Pasco Realtor Organization, spoke during the county board’s July 11 public hearing.

“In general, we are supportive of impact fees. We understand there are needs in our community — and the answer, almost all of the time, is money, for those needs,” Farrell said.

However, he told the board: “One thing we’d like to see more expressly identified, or lined out in this ordinance, in the fee schedule area there’d be an exemption for affordable housing. The cost of housing is going up, that’s not news to anyone.

“What is unusual is that when interest rates are going up, the prices are either stabilizing, staying the same, or going up, too; that’s unusual and we’re seeing that throughout Tampa Bay.

“That means there’s still going to be an increased need and an increased cost for construction in our region.

“So, we’re really looking out for those kinds of folks — just basically for our workforce. For first-time homebuyers, it’s getting harder and harder,” Farrell said.

Farrell’s appeal found some support from Pasco County Commission Chairman Jack Mariano: “They’re not looking for a full exemption, but maybe a partial.”

But Commissioner Seth Weightman said he could not support the request.

“I’m opposed to the exemption, until we understand the full impacts of the Live Local Act. I don’t think we need to be giving any further exemption to fees for affordable housing,” Weightman said.

The Land O’ Lakes Recreation Complex, 3032 Collier Parkway in Land O’ Lakes, provides a chance to sit on a bench and relax for a while, watch a ball game, go for a ride on a swing and do all sorts of other activities. (File)

The Live Local Act, approved by the Florida Legislature during its last session, allows land that has been zoned for commercial or industrial uses to be converted to multifamily development and to qualify for a tax exemption — provided the development meets requirements relating to a provision of affordable housing.

It is unclear, at this point, what impact the new law will have on the ability of local jurisdictions to promote economic development, and on tax revenues that support local budgets.

Weightman has been paying close attention to potential impacts.

“We have five (Live Local projects) in the pipeline,” Weightman said.

“I think we need to wait 12 months to understand the impact of this bill and what it can mean to our tax base before we make any decision on this particular exemption,” he said.

However, Weightman added, he would be willing to take another look at the issue in 12 months — after more is known about potential impacts from Live Local.

While stakeholders asked for the higher fees to be phased in, the Pasco County Planning Commission asked the board to consider a smaller increase.

The planning board pointed to other jurisdictions with lesser fees and to an economy that is not as strong as it was when the county board began talking about the increased park impact fee last year.

But the planning board’s concerns did not sway the county board.

After the rate increase was approved, Wiley said, via email, that the board’s action demonstrates that the county knows that parks, recreation centers and natural resources play an essential role in the community.

“The approval of the impact fee by the Pasco Board of County Commissioners shows the board’s tremendous and unwavering support for our team and the services we provide,” the parks department leader said.

“This increase will help us fund more than 20 major park projects across the county and will allow us to continue to improve the quality of life of Pasco County residents by providing even more athletic, recreational, cultural and educational opportunities,” Wiley said.

Published August 09, 2023

Airport development regulations coming in for a landing in Pasco

July 11, 2023 By B.C. Manion

The Pasco County Planning Commission has recommended approval of an ordinance that will create airport overlay districts to prevent potential threats to airport operations and air navigation.

The proposed ordinance would apply to Zephyrhills Municipal Airport, publicly owned and publicly maintained; Tampa North Aero Park and Pilot Country Airport, publicly used and privately owned; and Hidden Lake Airport, privately used and privately owned, according to Denise Hernandez, Pasco County’s zoning administrator.

It also will apply to the Brooksville Airport, but only in terms of height restrictions, which are controlled by the Federal Aviation Administration (FAA), Hernandez said.

Existing development will be deemed a conforming use, meaning it can remain and, if something should happen to damage or destroy those uses, they can be rebuilt, Hernandez told planning board members during their June 22 public hearing on the topic.

The ordinance will be codified in a new section of the county’s land development code relating to Airport Overlay Districts.

The Zephyrhills Municipal Airport, seen here, will be subject to a new airport overlay expected to be adopted by the Pasco County Commission on Aug. 8. The new overlay district also would apply to Tampa North Aero Park, Pilot Country Airport and Hidden Lake Airport. The idea is to prevent potential threats to airport operations and air navigation. (File)

Florida statute requires all local airports to adopt zoning regulations that are consistent with state law, Hernandez said. Airports that had adopted airport zoning regulations had to modify them to be consistent with that law.

“It basically states that we had to adopt, administer and enforce airport protection zoning regulations and land use compatibility zoning regulations,” Hernandez explained.

Efforts to draft the Airport Overlay Districts began in 2017, when the Pasco County Commission established an Airport Zoning Commission.

At that time, the Airport Zoning Commission consisted of the Tampa North Aero Park, the Pilot Country Airport and the Zephyrhills Municipal Airport. In 2021, Hidden Lake Airport was added.

The Pasco County Commission also took action in 2018 to approve an interlocal agreement with the City of Zephyrhills and Hernando County.

The county board also hired a consultant to do noise contour studies, which were adopted by a resolution of the board.

“Those noise contour studies are embedded within the ordinance that you’re looking at today,” Hernandez told the planning board.

She also noted that a moratorium on development near airports was adopted by the county board in 2022. That moratorium is set to expire on Aug. 15.

During the moratorium, Hernandez, Senior Assistant County Attorney Elizabeth Blair and other county staffers worked with stakeholders including land use attorneys, planners, engineers, airport owners, pilots and other interested parties to address the issues.

“The Airport Zoning Commission held workshops. The Airport Zoning Commission held public hearings,” Hernandez said.

Once adopted, the ordinance will be administered by the county’s planning and development department, with appeals going to the planning board.

The ordinance defines different areas pertaining to an airport, such as the airport influence area, the airport zone and the airport surface area, and establishes uses that would be acceptable, would be allowed with mitigation and would be prohibited.

Seeking fair application of new regulations
Planning board member Jon Moody wanted assurances that the new regulations would be applied fairly and consistently.

Blair said the county patterned its ordinance after Santa Rosa County, which has an extensive airport zoning regulation land use compatibility chapter in its land use development code.

She said that’s because Santa Rosa has scores of military installations and also has an airport, similar in size to Tampa Park Aero North Airport.

Blair added: “We looked at our zoning maps. We looked at our Future Land Use maps. We looked at aerials, the property appraiser’s website, etc. — to actually see, what is the potential for the actual use of the land in the approach surface floor?

“One of the things you don’t want to have in your approach surface area is a large assembly of people,” Blair said. “Obviously, you don’t put churches or schools or so forth in the area.

“If you look at the true reality of what’s going on in Pasco County under these areas, almost everything is built out, except for around Zephyrhills and Pilot country,” she added.

Moody said he wants to ensure that decisions regarding requests for development near airports are not arbitrary and capricious.

“My clients call to the county. They say, ‘I want to do this.’ Then someone at the county says, ‘Oh, no, no, no, you can’t do this, because in this ordinance it says, this.

“Well then, what we find out is that they got kind of half of the information,” Moody said.

Mitigation is possible
“The process is intended to be a dialogue. ‘We identified a potential hazard here. How can we engineer a way (to solve the problem)?’,” Blair said.

“There’s not a whole lot of bright, fast rules. But there’s ways to acknowledge that there might be a harm that should be addressed,” she said.

Blair added: “Prior to the pre-application meeting, the airport operator is to be contacted with a proposal for what they’re doing. The airport operators have a lot more expertise as to what type of things would affect safe airport operations and safe air navigation.

“They’re making comments to staff, which staff would consider.”

An airplane descends toward the runway at the Zephyrhills Municipal Airport. New protections are on the way for Pasco County’s airports.

“This is the opportunity, much like an alternative standard, where if there is a harm that’s identified — that’s legitimately a problem under FAA standards, then you can engineer away the problem.

“A perfect example of that is what’s happening across the street from Tampa North Aero. There was a discussion there … In that situation, we actually met with the future applicants of property in the runway protection zone at that airport.

“They had initially gone to the airport … and said, ‘Hey, we’re thinking about putting some self-storage in here, what do you think?

“The owner of the airport said he was OK with that.

“Then they came to the county and said, ‘We think we want to do professional office, instead.’”

“Well, it’s probably not a good idea to have people in buildings 40 hours a week near the airport,” Blair said.

Once the airport operator learned of the proposed change, the operator told the county that it wouldn’t be a good idea to have an office in a runway protection zone, the attorney said.

The applicant responded to the county’s concerns by removing the buildings from that area and using that area instead for a parking lot, street and dry detention area, Blair said.

Hernandez also noted applicants need to go to the FAA and get a declaration that their plans do not pose a hazard to air navigation. Plus, she said: “There is opportunity for mitigation.”

Zephyrhills has a set of rules, too
Blair noted: “With the Zephyrhills Airport, we do have an interlocal agreement with the city that is going to be updated as part of this process. There are some things in their actual regulations that are incredibly out of date.

“They are very happy with the ordinance. So, we’d like to incorporate some of this into how they operate.

“We’ve also pointed out in this ordinance, here, about the two different jurisdictional issues going on here, so that folks coming to the county realize that they do need to go to Zephyrhills, as well. Zephyrhills have their own rules that apply.

“Zephyrhills has some really great plans for expansion. They’ve received state funding. They’ve updated their master plan. They’re building a new hangar.

“We’ve actually invested money there, through (Pasco) EDC (Economic Development Council) in projects there, so, a lot could potentially happen out there,” Blair said.

The airport overlay district ordinance is scheduled for first reading by the county board on July 11, with an adoption hearing set for Aug. 8.

Published July 12, 2023

Saddlebrook Resort appears poised for massive makeover

June 20, 2023 By B.C. Manion

In its heyday, Saddlebrook Resort enjoyed an international reputation for excellence, and attracted luminaries from the worlds of professional golf and tennis to compete and train there.

Those glory days diminished over time, as fewer resources were invested in the property, which is located off State Road 54, east of Interstate 75.

The current owner, Miami-based Mast Capital — who purchased the resort from original owner Tom Dempsey — has proposed a redevelopment plan it says will recapture Saddlebook’s potential to be a world-class resort.

Mast’s initial plans faced a wall of resistance.

The Pasco County Commission will consider a Saddlebrook redevelopment proposal on July 11.(File)

Over time — through 30-plus private, community, public, in-person and virtual meetings — Mast has changed its plans and opposition decreased.

Efforts continue by some Saddlebrook residents and their attorney to push for additional concessions and more assurances, but the gap between the two sides is considerably smaller.

Issues involving the request were thoroughly discussed during the June 8 meeting of the Pasco County Planning Commission, which makes recommendations to the county board relating to land use and zoning requests.

“We’ve done a lot of work since we were here in January. We’ve had a lot of meetings over time,” Barbara Wilhite, an attorney representing Mast told the planning board.

“We’ve worked very hard on a private deed restriction,” Wilhite said, noting that will ensure that golf course land would remain golf course land.

“Every home in Saddlebrook that is now on a golf course is still on a golf course and maintains their view,” said Jordan Kornberg, managing director and head of acquisitions for Mast.

The company has agreed to a binding concept plan and to phasing conditions that are intended to give Saddlebrook residents assurances that the company will be making an investment in the resort itself, not just redeveloping land along State Road 54 into a mixture of apartments, town homes, office and retail uses.

“We’ve ensured that ultimately, for development to happen, we need to make a significant commitment to the improvement of the resort to ensure that ultimately Saddlebrook will be improved and receive the investment that we all know it needs,” Kornberg said.

In broad strokes, Mast’s redevelopment plan has four parts: two areas are within Saddlebrook’s gated community and two are outside, flanking State Road 54.

Area 1 and Area 2 are outside of the gated community.

The plans for Area 1 call for 75,000 square feet of commercial retail/office, 465 multifamily units and 35 townhomes.

The plans for Area 2 call for 25,000 square feet of commercial retail/office and 120 townhomes.

Area 3 and Area 4 are within the existing resort community.

Plans for Area 3 address tennis courts, parking, the renovation of the clubhouse and resort area.

Plans for Area 4 call for the redesigned golf courses and relocation of the driving range, which currently fronts State Road 54.

The developer also has committed to improvements aimed at increasing the access points into and out of Saddlebrook, to address additional traffic the redevelopment will create.

Eran Landry, a managing director of Mast said: “Our intention is to really enhance what is out there today.

“The community has been very vocal about wanting to make sure that it feels good as you come in,” he said.

Plans call for the village center to have retail on the ground floor, with offices on the upper floors.

Planning board member Chris Poole asked Mast if some parking could be placed under apartment buildings, to reduce the amount of surface parking.

But Landry responded: “The economics doesn’t work.”

Wilhite said that Mast will commit to an enhanced landscaping plan.

Larry Barbetta, of the Save Saddlebrook Coalition, said he doesn’t want to minimize the progress that’s been made.

However, he said some gaps remain.

“Specifically, we need better commitments on the resort renovations, in terms of the scope of the renovations and the timing,” Barbetta said.

Concerns also continue over the amount and type of development that would be added and the amount of traffic it would create, he said.

Barbetta wondered if it would be possible to shift some of the proposed density to another area of the plan.

But Wilhite said “the design is village-focused. It’s the density that you need to have a village.

“If you drive around Pasco you’ll notice that we have mostly anchor-based retail, with outparcels. It’s all auto-dependent. It serves people driving by.

“When you try to create a village center, you need density.”

“You have restaurants where people want to stay and eat outside and listen to music, and you have festivals and markets. The density is very important for people to have those kinds of businesses,” she said.

Jane Graham, attorney for the Save Saddlebrook Coalition, told the planning board: “We’re getting really close, but we’re not there yet. There are continuing issues as far as the density and the compatibility of land use.”

But planning board chairman Charles Grey noted that it’s important to keep in mind that Mast’s investment is needed for the overall common good.

“From all of the reports that I’ve heard, Saddlebrook needs somebody to come in there and put some money into it.

“These people seem to be making a monumental effort in working with you,” Grey told Graham.

“If somebody is going to come and try to rescue Saddlebrook, give them something. They’ve got to have a carrot, too.

“You have to think for the greater good of everybody in there,” Grey said.

At the same time, Grey complimented both the applicants and the community for being willing to work together to iron out differences.

“You’ve come a long way. I think you’re almost there.

“I think we’ve got to do what we can to push it over the edge because if you lose out on this investor, who knows when the next one might come along, especially in this market,” Grey said.

Published June 21, 2023

Planning board recommends OK for Plantation Palms cell tower

May 30, 2023 By B.C. Manion

The Pasco County Planning Commission has recommended approval of a 195-foot cell tower to be erected on land at the Plantation Palms Golf Club, 23253 Plantation Palms Blvd., in Land O’ Lakes.

That decision came after the planning board’s second hearing on the request. Planning commissioners delayed action on the request at their April 6 meeting — requesting additional information on a cell tower’s potential impacts on the property values of neighboring properties and investigating another siting option.

At both public hearings, a couple living near the proposed tower urged the planning board to consider the impact the tower would have on their view and also potential negative consequences it could have on their property values.

This cell tower at the Land O’ Lakes Recreation Complex, at 3032 Collier Parkway, cannot accommodate the kind of antenna that T-Mobile wants to install, so a 195-foot tower is being proposed at nearby Plantation Palms Golf Club. (File)

The proposed anchor tenant at the Plantation Palms cell tower site would be T- Mobile, which currently has antenna equipment on a flagpole-style cell tower at the Land O’ Lakes Recreation Complex, at 3032 Collier Parkway, in Land O’ Lakes.

Mattaniah Jahn, representing the applicant, Vertical Bridge, brought in an expert to address the property values issue.

David Taulbee told the planning board that he has compiled data for years relating to property values. He said “there’s no indication that this tower is going to have any impact, whatsoever, on property values.”

During the April 6 meeting, planning board member Jaime Girardi asked if an alternative site had been considered, on another site at the county’s Land O’ Lakes Recreation Complex.

But according to testimony provided on May 4, the parks department has no interest in adding another cell tower at the recreation complex site.

Another issue that came up at the previous meeting was whether the revenue was needed to support the golf course’s maintenance.

Plantation Palms has more than 800 homes whose values were threatened when the golf course previously closed.

During the April 6 meeting, Charles Grey, the planning board’s chairman, said he thinks the revenues from the cell tower likely would help to maintain the golf course — which is important in maintaining property values throughout Plantation Palms.

Grey reiterated that position on May 4: “I don’t know anyone that’s getting rich off of running a golf course. If I were living there, it would be important to me to keep the golf course. I’ll put up with the tower rather than lose the golf course.”

But one of the neighboring opponents disagreed with Grey’s premise, noting that he’s a golfer and it can be hard to get a tee time at the course.

Bill Place, owner of Plantation Palms, described the golf course’s need for revenues in an April 25 letter that Jahn read for the record.

Place led the efforts to restore the golf course, after it had been closed for two years.

The initial estimate of $2.5 million to restore the golf course was too low, according to Place’s letter.

“Damage from two years’ of closure and neglect resulted in the need to replace all 18 greens, AC systems, irrigation pumps, most drainage pipes, and fixing just about every square foot of the course and clubhouse,” the letter says.

“Over $3 million has been invested so far, and deferred maintenance remains that will take at least five years and hundreds of thousands of dollars,” the letter continues.

Residents invested in helping to repair the golf course, but that golf club subsidy ended in 2020, according to Place. However, Place’s letter says, “repair and renovation continues with more drainage work, turf improvement, roof replacement, irrigation system restoration and bunker repair work.”

“Plantation Palms knows what it’s like to lose their golf course and see the property values plummet. They’re also very aware of the high cost of restoration,” Place wrote

“When the opportunity to gain some recurring revenue by hosting a cell tower presented itself, we enthusiastically supported the proposal, especially since it could be located in a remote area, near our maintenance barn.”

Place attended the meeting virtually and confirmed he’d submitted the letter.

While opposed to the placement of the tower near their home, the couple also asked the planning board to allow Plantation Palms homeowners to weigh in on the tower’s design — if one is to be erected.

Jahn presented four potential designs which can accommodate T-Mobile’s service goals: a monopole, a shrouded monopole, a bell tower and a monopine design.

Planning board member Derek Pontlitz said he understands the couple’s concern.

“No property owner wants to have anything unsightly in their backyard,” he said, whether that’s electrical lines or something else.

“At the same time, the world is changing, technology is changing every minute and there are ramifications to the other side as well, if we don’t have this technology,” he continued.

The planning board has “to think about the greater good,” Pontlitz added. He called upon his colleagues to recommend approval of the request, with the stipulation that Plantation Palms residents are allowed to weigh in on the cell tower’s design.

Planning board member Chris Poole seconded the motion, saying he could support it, as long residents have a say in the cell tower’s design.

The issue now goes to the Pasco County Commission for final action.

Published May 31, 2023

Higher Pasco park impact fees expected to be approved this summer

May 30, 2023 By B.C. Manion

The Pasco County Commission has signaled its intention to increase its park impact fees to $3,450.15 per residential dwelling, whether single-family or multi-family.

That’s a whopping increase from the current rates of $891.82 per single-family unit and $627 per multi-family unit.

Impact fees are charged to new construction to address new demands caused by growth.

County held their first public hearing on the proposed fees on May 23 and are scheduled to hold a second public hearing on July 11, where they are expected to take a final vote. If adopted, the new fee takes effect on Jan. 1, 2024.

During the May 23 meeting, the board reiterated support it had expressed last September, when it directed its staff to bring the proposed fee schedule back for action.

State law limits impact fee increases to 50%, unless extraordinary circumstances can be demonstrated.

Keith Wiley, the county’s director of parks, recreation and natural resources, said the county clearly qualifies.

The county hasn’t raised its park impact fees since 2002; it has experienced rapid growth in recent years; and it has encountered steeper costs for construction materials due to inflation, Wiley said.

The county’s current facilities cannot keep up with increasing demands, he said.

He also noted the proposed impact fees will be used to support projects outlined in a plan that addresses the county’s park needs through 2045.

“What we’re trying to do is close the gap for level of service for parks throughout the county, through 2045,” Wiley said.

But the higher impact fee is needed, he said. Wiley added: Under existing revenues, it would take 42 years to accomplish the plan.

Stakeholders had asked the county board to phase in the fees over two years, but board members were not interested in that approach.

Wiley thanked the county board for its support.

“Parks are essential, we all know that. Everyone deserves an awesome park. We have a really cool plan, but without finances, you can’t get anything done,” Wiley said.

The county board’s support for the full amount of the proposed impact fees came despite concerns raised by the Pasco County Planning Commission, during its April 20 meeting.

A majority of planning board members said the county had failed to demonstrate extraordinary circumstances, and thus would be limited to a fee increase of 50%.

Planning board members questioned the timing of the giant increase, noting economic conditions have changed since the county board initially indicated support for the proposed fee last September.

Planning board members also questioned the proposed fee, in light of lesser charges in nearby counties, and they said it didn’t seem fair to place the entire burden of the increased costs on the housing industry.

Published May 31, 2023

Nest Hockey Academy may soon be up to full speed

May 9, 2023 By B.C. Manion

It hasn’t been entirely smooth skating for Nest Hockey Academy, but the facility is moving closer to bringing its vision to fruition.

The Pasco County Planning Commission on May 4 voted unanimously to recommend approval of a request by Russ and Leanne Henderson to rezone a parcel from agricultural zoning district to a master-plan unit development (MPUD) for a hockey academy.

“What we are is a school that also teaches hockey,” Russ Henderson explained to the planning board.

Nest Hockey Academy, at 9175 McKendree Road in Wesley Chapel, was voted unanimously by the Pasco County Planning Commission on May 4 to recommend approval of a request by Russ and Leanne Henderson to rezone a parcel from agricultural zoning district to a master-plan unit development (MPUD) for a hockey academy. (Mike Camunas)

The academy’s building already exists on the site at 9175 McKendree Road, in Wesley Chapel.

It was constructed as part of the Hendersons’ previous request for a special exception to operate the school.

“Everything that you see now that is on our site was part of our submittal,” he said.

But the special exception caps the number of people that can use the facility at one time to 20 people. The building is designed to accommodate hundreds.

The MPUD is being sought to allow the academy to operate at full strength, with up to 150 students. The site also includes 58 parking spaces.

Brad Tippin, the county’s development review manager, said one of the conditions of approval requires the hockey academy to make arrangements for off-site parking, if it needs to, to accommodate parking demand.

Henderson said he believes the 58 spaces on-site will be adequate to meet the need.

“We’re a single sheet (ice rink). We can only play one game at a time. It would always only be one game at a time,” he said.

While there will be occasional events, the focus will be on academics and hockey, he said.

“We are primarily a school. We’re a school first,” Henderson said.

He said the facility is offering something that is sought after in the state. It wants to partner with the Tampa Bay Lightning to develop a girls’ hockey program.

He explained to the planning board that he originally sought the special exception because he had been told it was a faster process than pursuing an MPUD.

Planning board member Jon Moody asked why an MPUD would be necessary, at this point, rather than merely amending the special exception.

Chief Assistant County Attorney David Goldstein said he’d heard there may be opposition and a special exception wouldn’t get the issue before the county board.

Goldstein also noted the larger enrollment could not be met with the current state of McKendree Road. Improvement of that road is required under the proposed conditions for the MPUD.

Still, Moody insisted that the applicant had a right to pursue his request using a shorter, simpler process.

“I don’t personally find it fair to force the applicant into the MPUD process,” Moody said.

But county staffer Tippin told Moody: “I respectfully disagree with that.”

He said county staff believes the MPUD route is a better approach because the project is within the Connected City, which has a different land development code.

During the May 4 planning board meeting, no one spoke against the request.

A group of parents did turn out, in a show of support for the hockey academy.

Two parents spoke in favor of the request.

One father told the planning board: “This program is second to none. We really, really are amazed by the program there.”

A mother added: “We are beyond blessed to have this opportunity.”

She said the parents are looking forward to approval, so they can become actively involved.

“We don’t get to see their progression. We don’t get to volunteer. We don’t get to help,” she said.

Despite the current limitations, she’s impressed with what’s happening there.

“This is a great mission. The Hendersons are a terrific family.”

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

Published May 10, 2023

Planning board rejects setback variance on a split vote

April 25, 2023 By B.C. Manion

What’s a few feet, give or take?

In the case of a new house in East Padgett Estates — the difference of a few feet is proving to be a costly mistake.

The house, at 4537 Victoria Road, in Land O’ Lakes, was built with improper setbacks.

The violation of county regulations has sparked neighborhood disputes, led to lengthy public hearings and caused a substantial loss of money for the builder.

The fate of this house in East Padgett Estates remains uncertain. The Pasco County Planning Commission denied a request for a variance that would have allowed it to be occupied. The builder now has the option to appeal the decision to the Pasco County Commission. (Mike Camunas)

The Pasco County Planning Commission voted 4-3 on April 6 to reject SoHo Builder’s request for a variance to the side yard and front yard setback requirements.

If the request had been granted, the county could have issued a certificate of occupancy. Since the variance was denied, the house can’t be occupied.

The applicant now has the option to appeal the planning board’s decision to the Pasco County Commission.

The zoning district where the house is located requires a 10-foot minimum side yard setback on each side and a 25-foot minimum front yard setback.

But the house is 73-feet wide on a 90-foot-wide lot, meaning that it fails to meet the side yard setbacks by a total of 3 feet.

The structure also was built with a 20-foot front yard setback, instead of the required 25 feet.

Patrick Plummer, a representative for the builder, appeared before the planning board twice, seeking a variance.

The board denied it in January and did so again on April 6.

Plummer acknowledged that he erred during the process, but he also pointed out mistakes made by the county.

Plummer said once the setback error was discovered, a new site plan and set of building plans was submitted — for a 70-foot-wide house.

But county officials said there’s no evidence in the county’s records that the new plans were submitted.

Still, the county shares in the blame, according to Scott Carley, chief field inspector for Pasco County’s building construction services.

He said the county uses a system that allows different departments to see the same plans simultaneously.

In this case, zoning flagged the setback issue, but that didn’t prevent electrical, mechanical, plumbing and building from proceeding, Carley said.

“Forty percent is on us,” Carley said, noting this case has been a learning experience for the county.

Plummer asked the planning board to grant the variance.

“This was a bona fide error. We did not intentionally build a larger house. We did not try to circumvent anything,” he said.

But a former president of the area’s homeowner’s association said the buyer should have known the long-established required setbacks for the house.

Planning board member Jaime Girardi said he understands that the builder isn’t the only one at fault, however, he added: “You built something out there that’s drastically different from the rest of the neighborhood.”

Girardi also raised concerns about drainage issues and the insufficient landscaping plan.

County planning staff recommended denial of the request, saying that substantial evidence had not been submitted to justify a variance.

The planning board was divided.

While noting the builder should have spotted the error and stopped the building process to avoid having a completed house that failed to meet requirements, they also acknowledged that errors within the county’s process contributed to the problem.

Planning board member Jon Moody made a motion to support staff in its recommendation for denial and was joined by board members Peter Hanzel and Chris Poole.

Board Chairman Charles Grey and board members Derek Pontlitz and Girardi voted against Moody’s motion.

That left a 3-3 vote, requiring board member Chris Williams to break the tie.

Williams voted in favor of the staff’s recommendation to reject the variance.

In casting that vote, Williams said it was a tough call, but added: “It’s a big mistake. It’s going to be there a long time.”

Williams, planning director of Pasco County Schools, normally only votes on planning requests that involve school district issues. However, he’s also the designated tie-breaker, in the rare events that the planning board is evenly divided.

Published April 26, 2023

New state law pushes for affordable housing

April 18, 2023 By B.C. Manion

A new state law has made it much easier to develop affordable housing across Florida.

Lawmakers have imposed a requirement on local governments that they must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial or mixed-uses — if at least 40% of the residential units meet the definition of affordable housing. Those units must remain affordable for a period of 30 years.

David Goldstein, chief assistant county attorney for Pasco County, explained the new law to members of the Pasco County Planning Commission at their April 6 meeting.

“In this affordable housing bill, the Legislature effectively rezoned a lot of property in Pasco County,” Goldstein told the planning board.

“The concern that’s been raised by staff and some of our board members is that areas you are zoning today for industrial, commercial, mixed-use – under this bill, there is no guarantee they will be industrial, commercial, mixed-use,” Goldstein said. “Literally, you could be zoning the property C2 (general commercial), under this bill, it could become multifamily, not even necessarily mixed-use multifamily, just plain multi-family.”

The law also provides the county grant the maximum density allowed, which in Pasco County is 32 units per acre, Goldstein said. Plus, the county can’t regulate the height of the buildings in these developments.

The affordable housing defined in the bill is typically referred to as low- or moderate-income housing, or sometimes called workforce housing.

“The caveat that 40% has to be affordable might dissuade some folks from doing this. I don’t know because it depends upon the other incentives that were put into the bill. There are some property tax exemptions. There are some direct incentives they can get from the state,” Goldstein said.

The legislation Goldstein is referring to is Senate Bill 102, which he said is commonly known as the Live Local Act.

The law doesn’t require the planning board to recommend a new multi-family development and the county board doesn’t have to approve it.

“But if they locate on commercial, industrial or mixed-use zoning district, they will never come to you,” Goldstein told the planning board. “It (the law) actually says they have to be administratively approved by staff.”

The county will be able to regulate parking, setbacks, stormwater and other typical development requirements, Goldstein said.

It also can ask applicants seeking new commercial, industrial or mixed-use projects to voluntarily submit a deed restriction that requires them to do those types of projects — rather than substituting a multifamily project, with 40% designated for affordable housing.

“If you are approving a new industrial, commercial or mixed-use zoning, you do have the right to ask the property owner if they’re willing to restrict it themselves,” Goldstein said. “It’s a worthwhile question to ask.

In fact, during a recent Pasco County Commission meeting, the county asked an attorney if her client would be willing to voluntarily agree to a restriction. The client is seeking an industrial designation on land near the Suncoast Parkway.

The attorney said she discuss the request with her client.

While the county may be able to get property owners to voluntarily agree to restrict their property with new requests, Goldstein is concerned about the amount of property around the county that’s already zoned for commercial and industrial use.

“There’s no guarantee that you will get what you zoned under this bill,” he said.

He said he understands there’s a need for affordable housing, but he’s not sure this is the best way to pursue it.

For the past few years, the county has made a concerted effort to identify more sites for job-generating uses.

“One might argue that if you don’t have a job, you can’t afford housing. It doesn’t matter how affordable it is, and we’ve reserved some of these areas for job production,” Goldstein said.

The county is also concerned about creating jobs that it has been working to identify large tracts that would be suitable for industrial development, with the hope it could bring more jobs to a county where a large percentage of its workforce commutes daily to other counties.

Planning board members voiced concerns about the automatic approvals creating a situation that could create an infrastructure nightmare.

Planning board member Jon Moody said the new law takes a one-size-fits-all approach.

“This may work for Metro Dade, but it may not work for Pasco County,” he said.

Planning board member Chris Williams agreed: “That’s my concern. We’ve done (zoned industrial sites) to try to plan for the future. Now, somebody comes in and approaches in the middle of an industrial zone and says, ‘Hey, I want to put a bunch of apartments up.’”

Published April 19, 2023