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Pasco Countymeeting record

PDD-22-7616

Published agenda

2 appearances between May 5, 2022 and Jun 7, 2022, at 2 boards.

OutcomeApproved by the Board of County Commissioners on Jun 7, 2022
Approved Staff’s recommendation.

Official title

Zoning Amendment (Consent) – Bushnell DD LLC – Change in Zoning from an A-R Agricultural-Residential District to a C-2 General Commercial District – Northwest Pasco County – South Side of County Line Road Approximately 1000 Feet West Suncoast Parkway Extension – Containing Approximately 3.86 Acres

On a calendar

May 5, 2022 → Jun 7, 2022 · click a mark to jump to that appearance

Every appearance2 of 2 are in a recording

Each appearance carries the official title above. Where the county’s wording changed, the change is marked: added and removed. Steps with no marks were worded identically.

TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 92% of 485 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

  1. 1
    Planning CommissionPC4Public hearingNo disposition in the minutes
    Open this item →
    49m
    Denise

    Following item is PC four PDD 227616 in the name of Bushnell D D LLC. This is for a change in zoning from an AR agricultural residential district to a C2 General Commercial District. This comes to you with a recommendation of approval.

    Charles GreyChair

    All right.

    And that uh is on consent. Okay. Is there anybody here to speak on that one?

    Okay, are you the applicant? Okay. So it's on consent, so we'll we'll pull it from consent then? Okay.

    Denise

    So the item will be pulled from consent in order for you to speak. So we'll go through the consent agenda and then you can speak on the item towards the end. Thank you. Following item is PC five. Zoning amendment in the name of Bay Area Merchandising LLC, PDD twenty two seven six one nine. It's for a change in zoning from a C One neighborhood commercial district to an R4 high density residential district. Comes to you with a recommendation of approval.

    Charles GreyChair

    Okay.

    So is there anyone here to speak on this one? Is the applicant present?

    Will Poon

    So that's me.

    Charles GreyChair

    Okay. Uh you don't have to speak. It's fine. It's on consent. Uh okay.

    Denise

    And I have no one on WebEx on the matter.

    Charles GreyChair

    Okay.

    So we'll go to five?

    Denise

    Six, PC six. PC six is PDD 227617. It's a zoning amendment in the name of Erik Dominich. It's for a change in zoning from an AR Agricultural Residential District and R1MH, Single Family Mobile Home District, to an RMH Mobile Home District. It comes to you with a recommendation of approval.

    Charles GreyChair

    Alright. Is anyone here to speak on this one? Are you the applicant? Okay. Is the applicant present?

    Denise

    The applicant is virtually present.

    Charles GreyChair

    Okay, the apple very okay. So uh we'll pull that one from consent.

    Denise

    Okay.

    Move on to PC seventh. PC seven is PDD 22CU18. It's for a land excavation, operating permit, and conditional use amendment request for Site X and R Holdings LC. It's for an operating permit and conditional use for land excavation in an MPUD master plan unit development district, and this comes through with a recommendation of approval with conditions.

    Charles GreyChair

    Okay. And this is on consent? Is it anybody on my bets?

    Denise

    The applicant is on WebEx but I have no one in opposition on WebEx.

    Charles GreyChair

    Is there anybody in the audience in opposition? Cena One. All right. So that remains on consent?

    Chris Williams

    I just have a question on that one, Mr. Chairman.

    Sure. Okay.

    Charles GreyChair

    Okay,

    Denise

    so that that ru that keeps uh PC five on the consent.

    Charles GreyChair

    All right, so I hear a motion to approve the consent agenda as modified.

    Christopher Poole

    Motion to approve the consent agenda as modified keeping PC five.

    Charles GreyChair

    Okay, we have a motion and a second. Any further discussion on the motion? All in favor signify by saying aye. Aye

    Chris Williams

    aye.

    Charles GreyChair

    Opposed, like, sign? Motion carries.

    I'm sorry.

    Christy Zimmer

    Do you ever swear any of the speeches?

    Charles GreyChair

    Yes. Uh anybody that does plan to come up and give testimony today, if you could please stand, raise your right hand and be sworn.

    Christopher Poole

    Mm-hmm.

    Chris Williams

    Okay.

    Liam Devine

    Good afternoon, Liam Devine, Planning and Development PC four PDD twenty-two-seven six one six in the name of Bush Hill Bushnil D D L C it is zoning amendment from AR Agricultural Residential District to C2 General Commercial District.

    This subject site is located on the south side of County Line Road, approximately a thousand feet west of Suncoast Parkway Boulevard. Yeah.

    Thank you. Um this is a look at the aerial view of the property. The surrounding future land use is Res1 to the north, south, east and west. The surrounding zoning to the north, south, and west is AR and to the east is C2. The subject site consists of a mobile mobile slash manufactured home and accessory structures on approximately 3.86 acres. The applicant proposes to develop the property with the Dunkin' Donuts and other commercial uses in conformance

    with the C two standards. Access to the property is from February Lane, a county-maintained local road, with approximately 70 feet of Bright of Way, and Cimboro Drive, a privately maintained ingress-egress easement. And the subject site has a feature land use classification of comm commercial. And this is coming with a recommendation for approval from PDD staff.

    Yeah.

    Charles GreyChair

    All right, is there anybody that's here to speak on this one? Okay. You please come forward and is the applicant present?

    Um excuse me. Well

    Jaimie GirardiVice Chair

    you need to let the applicant make the presentation

    Charles GreyChair

    first. So I was just asking. Is the applicant on WebEx?

    Denise

    Yeah, I'm looking at this right on this.

    Charles GreyChair

    Okay. I need to let the applicant speak first.

    Unidentified speakerVoice A

    We can't hear you, so I hope you can hear us.

    Charles GreyChair

    I I I need to let the applicant come up and speak and then you can come speak. The applicant will speak first and then you.

    Unidentified speakerVoice A

    Oh.

    Charles GreyChair

    Okay. So if you just want to sit there in the front row, Shelley, wanna come up?

    What

    Uh I don't know.

    Charles GreyChair

    They're trying to confuse me today. It's not taking

    Jaimie GirardiVice Chair

    a lot, so do you want to represent this

    Charles GreyChair

    one, Shaw?

    Okay, so is the applicant is not present.

    Denise

    The applicant is virtually press pr present. It's Todd Pressman who's for this one.

    Charles GreyChair

    Okay. Does he want to speak?

    Todd, are you with us?

    Can you hear me?

    I can see you.

    Todd Pressman

    Number four fifty one, Saint Petersburg. Um I'll say a number of things. First of all, the Board of County Commissioners just very recently approved a future land use amendment to commercial on October twenty sixth for this site specifically. Um before that The staff report tells you that there were similar zonings approved in the surrounding area, one on May twenty second of two thousand one and two thousand two, both were from agricultural to C two. We are budding C two. Um And

    we are located virtually on County Line Road, right at the Veterans Expressway, which is obviously a very busy corner. Across the street, Hernando is a very intensive shopping center. So, in terms of location, in terms of the direction of the Board of County Commissioners, in terms of the adjoining zoning, this site has been very firmly. in our opinion directed to be commercial. Uh we had no opposition that or anyone of concerns that raised their

    um opinions or thoughts during the future land use process. Um I'm happy to hear the uh comments of the citizen who's there today. Um all the transportation reports have been read fine or presented fine. So we're happy to make uh any other comments or respond to Thank you, Mr. Chairman Mariano.

    Charles GreyChair

    All right. Thank you very much. We'll reserve the rest of your time for a response. So uh you wanna come forward now? Can you hear us? Can you hear me?

    Okay.

    Unidentified speakerVoice A

    Uh I'm not sure.

    Charles GreyChair

    That's sort of what my wife always says.

    Unidentified speakerVoice A

    Beg your pardon.

    Charles GreyChair

    That's what my wife tells me. She can't hear me very well.

    Unidentified speakerVoice A

    Want me to come up there? Whatever it takes. Uh I have no opposition to it being the uh changed from res uh residential to agri uh agriculture to uh business. Uh the only problem I have is I have a Private Road, Simbor Drive. And I need to know what they plan on doing for to keep our privacy On Singapore Drive. Because it you know, cuts

    through two sets of property there. And uh, you know, we we like our quiet back there. But we would like our road to be kept with no traffic from the uh business. So Um As long as they can meet with us or whate whatever they need to do to keep us private, we would appreciate that. And

    Charles GreyChair

    did you did you give your name and address? Yeah, we j we d for the record we need your name and your address.

    Unidentified speakerVoice A

    Oh, my name is Carol Gantt, G-A-N-T. I live at [address removed]. They call it Spring Hill and some people call it Brooksville. But we are in Pasco County there, um right behind where the property is. This was a property given to all of us by our mother and dad and uh But they would enjoy the donuts too.

    Charles GreyChair

    Okay. That's a good thing. Um do we have a map of that area? Can we put it up so everybody can see exactly what we're talking about?

    Unidentified speakerVoice A

    I haven't met. Just give us just a second.

    Charles GreyChair

    Okay. If you could just point it out, Denise, that would be very helpful.

    Denise

    So here's

    So Sabora Drive is is right in between. So right-yeah, Patty's putting her first one.

    And

    Chris Williams

    it's Is that a daycare there or what did I see that was next door? Yes, it's a daycare.

    Unidentified speakerVoice A

    I have a bigger Mac.

    Charles GreyChair

    Where's the subject property? Right on the corner there?

    Denise

    To the to the e to the west of Sembra Drive, so that parcel and then the parcel to the west of that. Those two parcels.

    Charles GreyChair

    Oh okay. How big are those?

    Denise

    So altogether it's um Three point eight six acres.

    Charles GreyChair

    Okay.

    Christopher Poole

    And ma'am, your property's located directly to the south? That spot right there.

    Charles GreyChair

    Directly to the east, right? No, no, like the or south? Okay. Yeah.

    Unidentified speakerVoice A

    I think that's the neighbor's channel.

    Want me to get you mad?

    Unidentified speaker

    That's dance.

    Charles GreyChair

    Yeah, that's yeah.

    Jaimie GirardiVice Chair

    Okay. So can I ask Staff or the applicant a question, is the applicant actually going to be using Symbol Drive or just February Lane?

    Practice.

    Yeah,

    Charles GreyChair

    if you could zoom in there, that'd be helpful.

    Liam Devine

    I think it might be best if the applicant uh uh Addresses that comment, I believe that they were only going to be using a portion of Cymbora Lane, but wouldn't be using the full length of it. Okay, now where's Cimbora?

    Cheryl Gantt

    That's that hanging paved road right there. That's

    Charles GreyChair

    straight that one of those perpendicular. Okay.

    Okay.

    Chris Williams

    And so the

    Charles GreyChair

    So the Sembora goes to you right to your home? Yes sir. I gotcha.

    Cheryl Gantt

    Actually Sembora Drive is privately owned by us. We pay the taxes on it. It is a private road. That's why we're here is because they want to use our private road for a big business and Duncan knows we don't want a thousand cars.

    Charles GreyChair

    You need to speak in the microphone, I'm sorry. microphone.

    Cheryl Gantt

    My name is Cheryl Gantt and I live at [address removed].

    Charles GreyChair

    Uh-huh.

    Cheryl Gantt

    And I grew up there with my grandparents on that property. So yes, we've got we've been there a long time, sixty years. Um Can

    Jaimie GirardiVice Chair

    I ask you a question though? Are you saying that The applicant does not have the right to use that road?

    Cheryl Gantt

    Right. That is our private road. My mom pays writes the tax for it each year. We try to

    Jaimie GirardiVice Chair

    get the county to buy it. Just because the road is private doesn't mean that they don't have a private right to use it. Are you are you a hundred percent positive that they don't have The right to use that easement.

    Cheryl Gantt

    I can give show you a copy of the check that my mom writes just for that road that she pays the taxes on just for

    Jaimie GirardiVice Chair

    the just because you pay taxes on it doesn't mean somebody else doesn't have the right to use it. It depends on the language of the easement. Does it have

    Cheryl Gantt

    a separate parcel? See we have gopher turtles on that property, we have turkeys that come on this property. I took the easy. Let me ask the

    Jaimie GirardiVice Chair

    question another way. Is there a home on that parcel now?

    Cheryl Gantt

    Yes.

    Jaimie GirardiVice Chair

    Does that homeowner have the right to use that road, Symbora Drive? Yeah. So why are you saying the Dunkin' Donuts would not?

    Cheryl Gantt

    Because one person coming onto that property is different than having a business with multiple vehicles.

    Jaimie GirardiVice Chair

    Is there something in their easement that limits it to ingress and egress for only that homeowner?

    Cheryl Gantt

    We know we knew the homeowner. My grandparents sold the property that homeowner.

    Jaimie GirardiVice Chair

    I'm not asking you whether you knew them. I'm asking is there anything in the easement for Sambora Drive that limits use to just that homeowner?

    Cheryl Gantt

    Not to just that homeowner, no.

    Jaimie GirardiVice Chair

    Or did it limit it to being residential?

    Cheryl Gantt

    I don't know what the street is is you know zoned as.

    Jaimie GirardiVice Chair

    Dunkin' Donuts does not have the right to use that road. I'm asking you is there anything in your easy? In your private easement. that limits the use of that road to residential.

    Cheryl Gantt

    I don't know. Do you

    Jaimie GirardiVice Chair

    have a copy of the tone? Do you have a copy of the easement? Do you have a copy of whatever

    Cheryl Gantt

    document that is

    the

    copy of the easement?

    What we wanted them to do was not use our road and build a block wall to cover their property and go.

    Jaimie GirardiVice Chair

    If they're not going to use Zimbabwe Drive, then this is irrelevant.

    Cheryl Gantt

    Right, but they just said that they they were going to use it. They even sent a letter to my parents asking to buy it. So I mean this is an issue and we don't want to get rid of our rights to our road.

    Jaimie GirardiVice Chair

    Finish your comments and then I'll ask the applicant. I quote this question. Go ahead. Finish whatever comments you have, I'm sorry.

    Cheryl Gantt

    Okay, well the comment is is just that we would like the privacy of it our road not being used for a commercial property. And that if uh We would also like some kind of noise barrier, some kind of barrier because we do have wildlife, like I say. We've got gopher turtles on that property. I've got pictures on my phone. on that property. So I mean we we don't want to stop Dunkin' Donuts from coming, we just want them not to use our road and we uh I mean we got

    cut off. We had property had we had to give to the county or sell to the county to put that um February lane in. because Simbora Drive went straight to County Line Road. So we lost property that way. So we just would like a barrier of some sort and for them not to use our Um

    Jaimie GirardiVice Chair

    Okay. Is the applic are you done with your comments or I'm sorry? Pardon me? Did you have any more comments?

    Chris Williams

    No, I guess that's a I just have a question. Does it does the daycare use that road?

    Cheryl Gantt

    Yes, they do. And if they if that's an issue, then that's fine. They can go and and put a road in their front of their place. I

    Chris Williams

    yeah, I just

    Cheryl Gantt

    want to

    Chris Williams

    know if they're currently

    Cheryl Gantt

    Yeah, you see it just wasn't a b an issue because when my parents sold that property they sold it to a church and we knew that there was only going to be s people there on Sunday mornings so it wasn't a big deal. Well then the church sold it and this is the issue we're having the people are selling it to more businesses and stuff and all these all this traffic is coming in and it's like okay our wildlife is leaving us you know and we're getting all this noise coming in And you know, not only from the parkway but across

    the street from County Line it there's acres that would have just been cleared. They're putting in new subdivisions there. So yeah, it's a great spot for Duncan. But we just want some privacy in between.

    Thank you.

    Charles GreyChair

    All right.

    Jaimie GirardiVice Chair

    So is there anybody else speaking 'cause I want to ask the applicant a question?

    Charles GreyChair

    Anybody else to speak? Okay, hearing none. We go back to the applicant.

    You're still with us? Mr. Pressman?

    Todd Pressman

    Okay, there we go, you can clear me. Um I could tell you, Mr. Chairman and Board Members, that we do a declaration of easement for April 13th, 1979, signed by the Symbores that state a common easement for ingress and egress and road right-of-way purposes provide access to the parcels as indicated here. That's been submitted to the county.

    Jaimie GirardiVice Chair

    Do you have a copy of this easement declaration of easement? Yes. Pardon me? Yeah, yes, sir. Can you put Can you put it up on the screen or do something so or is it in our packet somewhere?

    Todd Pressman

    Mr. Lilith, what's your email address, sir?

    Jaimie GirardiVice Chair

    It's D Goldstein at Pasco County FL dot net.

    Todd Pressman

    Repeat the first part, please.

    Jaimie GirardiVice Chair

    D G O L D S T E I N

    Todd Pressman

    It's Uh

    Jaimie GirardiVice Chair

    Pasco County F L dot N

    Todd Pressman

    And then I'll try and pull it up.

    Let's see why M B O Right.

    Jaimie GirardiVice Chair

    So can I ask this the prior speaker, is she related to Milan Sambora and Violet Sambora?

    Okay, it appears that in nineteen seventy nine your parents or grandparents

    Provided a easement for ingress and egress and road right-of-way purposes

    For these parcels.

    I don't see anything that restricts

    the use to any particular use. It just it's it's a pretty

    Cheryl Gantt

    Yeah, they gave the property with three daughters, so they gave Eastman so they're three daughters. One sorry. Yeah, my grandparents gave the property divided it into four. Oh

    Jaimie GirardiVice Chair

    Cheryl Gantt.

    Cheryl Gantt

    Okay.

    Jaimie GirardiVice Chair

    I guess my c my question is if is if it was your parents or grandparents' intent to restrict the use of that property to residential or to restrict the access to residential, they didn't put it in the easement. I mean their easement just says it needs been for ingress and egress and road right away purposes to provide access to these parcels. It doesn't say anything about it being for residential purposes or for

    Or there's no restriction on it whatsoever, just an e just an easement.

    Cheryl Gantt

    Yeah, th like I say they had the the all the acreage there and then they gave it divided it four ways, one part for my grandparents and then three parts for

    Jaimie GirardiVice Chair

    their dogs.

    Cheryl Gantt

    Well that's because I believe since it was Sambora Drive and my mom gets a b uh bill every year just for that road and they tried after my

    Jaimie GirardiVice Chair

    grandmother died they tried to

    do that.

    You're the fee owner of it. Meaning you're you're but there's somebody else that has an easement over it. That's what this declaration of easement is. It's Your parents or grandparents gave it to the easy. The applicant and easement To use the property. It's not and it doesn't appear to have any restrictions on it whatsoever.

    Cheryl Gantt

    Right, they would have never sold to Dunkin'

    Jaimie GirardiVice Chair

    Donuts. I understand that, but I don't know who their lawyer was back then. They didn't. I'm sure they didn't have one. Okay, but they didn't do anything to restrict it. Th it just it's just an easement. There's no I mean they could have they could have said this easement for residential purposes or

    Cheryl Gantt

    The only thing I have here is a a copy of the survey. and it has on here that private ownership, twenty foot access Um estimated Page on page seven thirty-two.

    Charles GreyChair

    I think what you're not understanding is if you can picture it as a layer. There's a layer on the bottom and that layer is the property that you own. And on top of that property that you own, there is a l another layer called an easement. And that easement. is sh can be shared by more than the person who owns the property. Mm-hmm. So you're getting a bill to s for the property but the you you're not getting a bill for the easement. You're getting a bill because you own the

    property. But the property is encumbered by an easement.

    Jaimie GirardiVice Chair

    But

    Cheryl Gantt

    why aren't the people

    Charles GreyChair

    Because you own the property?

    Jaimie GirardiVice Chair

    Now, you you might have an argument that they should be contributing to the maintenance of the road.

    Cheryl Gantt

    Yeah, they don't maintain it because they s it

    Jaimie GirardiVice Chair

    it's

    Cheryl Gantt

    not cut down by

    Jaimie GirardiVice Chair

    the

    Cheryl Gantt

    county. They nothing it's

    Jaimie GirardiVice Chair

    I'm not saying the county maintained it. I'm saying you might have an argument that Dunkin' Donuts should have to help you maintain it. It but I don't think you can deny them the right to use it. Because they have an easement to use it. But you certainly could argue that They should have to help you maintain the road.

    Cheryl Gantt

    Well definitely if they're gonna have You know, Dunkin' Donuts has got a line all the time. So if they're gonna have all that traffic going through and driving on our

    Jaimie GirardiVice Chair

    But that's really an issue between you it's a private issue between you and Dunkin' Donuts about 'Cause the county doesn't own this road. That's that much is clear. Right, staff? We have no ownership of this road.

    It's a private road, but it appears Dunkin' Donuts or whoever this earn owner of this parcel Has the right to use it too. But You have the right to to try to get them to help you maintain it.

    I don't think you can deny them the right to use it, but you have the right to you can certainly ask them to help you maintain it. Maybe Mr. Pressman will offer to help maintain it. I don't know. Ma Mr Pressman, do you want to address the maintenance issue? So Sambora?

    Christopher Poole

    Well that let's cut the graph here at the moment.

    Todd Pressman

    I'm sure there's something that can be discussed in the future.

    Jaimie GirardiVice Chair

    How much is it? How much more is Dunkin' Donuts planning to use?

    Todd Pressman

    I was gonna add they're not using all of Sambora, they're only using part of it to access the uh property for the uh uses. So it won't go all the way through.

    Jaimie GirardiVice Chair

    Well is it safe to assume that Dunkin' Donuts will at least maintain the portion they're using?

    Todd Pressman

    Mm-hmm. Um I can't answer I can't answer at the moment. I'm just handling the zoning call, but um uh they're very reasonable people, very reasonable business people. I'm sure there's something to be discussed and we can uh touch base with the Gants and uh have a discussion on that, sir.

    Jaimie GirardiVice Chair

    Well, I mean it's really up to the Planning Commission on what you all want to do. I mean you in theory could continue this until you figure out who's gonna be maintaining Cymbora Drive. Or you could just m move it forward to the Board of County Commissioners and let them try to work this out before it gets to the board. It it's totally up to the Plenty of commission. It doesn't sound like there's an issue about even the residents don't seem to be arguing that it's an incompatible use. Their issue is I think the use of Cimbora Dry. Exactly. Yeah.

    Which isn't really a zoning issue. It's a it's an access issue, but it's not a zoning issue.

    Christopher Poole

    When would this go to the BCC?

    Jaimie GirardiVice Chair

    Liam, when is the schedule to go before the board?

    Unidentified speaker

    It's scheduled to go to the BCC on um six seven, June seventh.

    Jaimie GirardiVice Chair

    So Liam let me ask you a question. The portion

    Since they're using part of Cambora Drive for access, is it is it a standard road? Is it meet county standards? Or would we make them Improve with the county standards, the part that they're using for access.

    Cheryl Gantt

    It's like there's no lines on the road to even show the middle of the road. It's You know, so if there's gonna be that much traffic they need left.

    Jaimie GirardiVice Chair

    Typically if a commercial business's accident is in the road we would make them improve it It's a county standards of some kind. So

    Do we know if that's going to occur? Let me let Liam can Liam like Sorry,

    Liam Devine

    we have Stacey Burgesses on who can answer that question. Okay.

    Charles GreyChair

    Stacy, you with us?

    Stay sing, stay singing.

    Stacey Burgess

    Hello, how are you?

    Charles GreyChair

    Okay. Can

    Stacey Burgess

    you hear can

    Charles GreyChair

    you hear the question?

    Stacey Burgess

    Yes. Yes. Yes.

    Charles GreyChair

    Are you you're familiar with the question?

    Stacey Burgess

    Yes, this is Stacey Burgess with Planning and Development Department. And that roadway is in pretty good condition. I took a look at it. Um, I believe it's about uh lane width, maybe 11 feet. So about twenty two feet wide. The pavement is in good condition?

    Jaimie GirardiVice Chair

    So does it meet? County substitute road requirements.

    Stacey Burgess

    Yes, mi the our minimum standards, yes.

    Jaimie GirardiVice Chair

    Okay, well then it doesn't sound like they would need to make improvements to it. So they're gonna be required to

    Charles GreyChair

    maintain it.

    Jaimie GirardiVice Chair

    Well

    Charles GreyChair

    is that is

    Jaimie GirardiVice Chair

    that a

    Charles GreyChair

    county issue?

    Jaimie GirardiVice Chair

    That's a private issue, really. the county doesn't own this road. It there's multiple owners or people that have the right to use it. It's really among those private property owners to determine Who's supposed to be maintaining that road? Fit.

    It would be difficult for the county to force somebody to maintain it because there's multiple people that have the right to use it, right?

    Cheryl Gantt

    And that's where the problem lies too. If they start using and tearing up their our road then they're gonna come to us as the owners and say, Hey, you have to fix your road. Why? I mean, I

    Jaimie GirardiVice Chair

    gotta be honest with you in a

    Your your your parents probably when they conveyed this land and road and easement should have had something in there about who's gonna be responsible for maintaining the road. I mean I guess they weren't represented by a lawyer, it appears, but i there's very the easement that was granted is No offense, one of the worst easements I've ever seen drafted. I mean there's no there's no detail in it whatsoever. It just says ingress increase easement. There's nothing about who has to maintain it. There's nothing about that

    restricts the use. So everything you're telling me that your parents intended is not appearing in the document. That's her problem. Now, after the fact you might be able to negotiate some agreement among all the property owners there about who's gonna maintain this road, but that's something that's really between all the private property owners.

    Charles GreyChair

    Yeah, because it's not a county road.

    Cheryl Gantt

    See and that just makes me nervous too because if people are using our road and we're the owners of the road, what if they have an accident on our road or

    Jaimie GirardiVice Chair

    I this let me just say I agree with every one of your concerns, but this really should have been addressed in the easement that was granted to that property. In what you should have said is they're responsible for maintenance of it. They should have said they have to indemnify you for use of the easement. All that language should have been in this easement. And it wasn't.

    Cheryl Gantt

    No.

    Jaimie GirardiVice Chair

    By the way, this is why people hire lawyers to do transactions like this.

    Cheryl Gantt

    A and like you say, this was back in S well I'm sorry, back in seventy nine, they but they had this property since the early seven years.

    Jaimie GirardiVice Chair

    All I'm telling you is that if your parents had the intent to restrict the use of this road or to make this property owner contribute towards the maintenance or indemnify you for the use of it or any of those things. It does not appear in the actual document.

    In my opinion, your parents should have hired a lawyer and documented this properly. But they apparently did it. So now you're gonna have to after the fact figure out if you can reach some agreement with Dunkin' Donuts and all the other property owners. About who's gonna maintain this road? Um hopefully you can get it. Meet with Mr. Pressman. Maybe before this goes to the board or reach some agreement. On the use of this road. Maybe he will agree that to help maintain it. Maybe he'll agree to

    indemnify you for their use of it. I don't know, but you're you're in a very weak negotiating position now because this is all occurring after you've already given them an easement.

    Cheryl Gantt

    Mm. After after we already gave them an easement, grand and granddad gave 'em the easement already, you know. And be being that they was all family living, they didn't think to put anything else about businesses couldn't be back there or whatever. You know, because

    Charles GreyChair

    it's all family leaders.

    Chris Williams

    And I mean uh be that I understand that, David, be that as it may, but okay, so let's say Duncan comes in and wants to needs to improve that, pave it, whatever they need to do to use it, but I mean you can't Even if you have an easement, can you just go do that without some kind of permission to or

    Jaimie GirardiVice Chair

    I mean there's the general case law is that you're you have the right to make improvements to your easement, but This is really a private dispute between those I don't want to give either one of them an opinion about this issue because

    Again, it's a poorly drafted easement. No, I but I can't I mean

    Chris Williams

    people never contemplated that something else would be there.

    No, definitely not. You know

    But I was just clarifying and and for my own personal, you know, that somebody

    Jaimie GirardiVice Chair

    wanted to interact

    with

    the

    right-of-way.

    But staff just told me the road is standard. Seth. There's no improvements required to it. Gotcha. So They could access it as is. Now the issue of maintenance Yeah.

    It's not a public road.

    Cheryl Gantt

    Now like she says in the front part where where that mobile home is that they just bought that property where the Dunkin' Donuts is. Yeah, there's enough lane there's enough road for two cars to go like th you know beside each other, but there's no markings on the road. Once you get to halfway to their property from going from the um north to the south. Then it comes down to a single lane. Single uh not well the thing's gone, but it comes down to a single lane. So to

    say it's a maintained property, well that's a very short distance For that double. Driveway there.

    Jaimie GirardiVice Chair

    I understand uh I understand all your concerns. The the problem is is that This board is supposed to deciding is it compatible use and does it have adequate access. With it's gonna be hard to argue it's not a compatible use because it's a com land use. That's gonna be hard to argue that it's not compatible with comm. Um and it appears you're not even objecting to the use. It's it's the road.

    Cheryl Gantt

    It's the road, right. So it just

    Jaimie GirardiVice Chair

    makes me want to put a gate on the end of my road and say nobody needs it.

    For them to use it for this act this commercial access. Staff is telling me that it is. It's a it's meets our county standards this road. So it's We we could deny a re this board could deny a rezoning if it has if it's a parcel that has inadequate access. But staff are saying that it has adequate access. So I don't there's very little that this body can do to help you. To resolve something that honestly your parents and grandparents

    should have done themselves. I'm not trying to be mean, but

    Cheryl Gantt

    No, no, and and like you saw where the the the daycare was, that's all that road goes to. So I like I say, after that, the rest of the road is a single thing, but yet they still want that.

    Jaimie GirardiVice Chair

    But apparently the part they're using for access, staff is telling me that it meets our standards.

    Cheryl Gantt

    That part is wider. Right. So from the

    Jaimie GirardiVice Chair

    meets county standards, so we can't deny them we We can't say it's a substandard access or or a bad access if it meets county standards.

    Cheryl Gantt

    Okay. And there's nothing you can do about like the noise barrier and all that? They can't put anything in there to wooden fence.

    Jaimie GirardiVice Chair

    Well, okay. So are you talking about like buffering additional?

    If if that is a legitimate issue for Planning Commission to consider, if they they think there's inadequate buffering and then the applicant would have to explain why they think the buffering is adequate. So if the if your concern is buffering that is a legitimate issue. that this body can address. I would appreciate that. Yeah. Like

    Cheryl Gantt

    I say, Duncan Donuts always has a line. You know, they're open very early to very late. So

    Jaimie GirardiVice Chair

    So l we probably need to let the applicant address that concern. See what the response is.

    Charles GreyChair

    Okay. Yeah. So we're gonna let the applicant uh address the buffering concern. And then we'll talk about that. And uh but To your point about the road narrowing down, it appears to me that that the ac that the That the easement is the same width all the way back, even though you may not have put a road on that park portion of it. It's still the same width.

    Cheryl Gantt

    Right.

    Charles GreyChair

    It's twenty two feet all the way down.

    Cheryl Gantt

    That that's what I was w trying to let you know that no, this is not a nice road going all the way back. This is something small coming into our party. Right,

    Charles GreyChair

    more like a driveway, yeah.

    Cheryl Gantt

    Yeah. And that's why we don't want people driving down there because if we don't stop Dunkin' Donuts from coming down that road, people are gonna drive straight down into our party.

    Charles GreyChair

    All they really need is a for access to their property. They might come in fifty feet and turn in, yeah. to their property. So we'll let's see what Mr Pressman has to say and we can talk about the buffering.

    Okay.

    Cheryl Gantt

    Very

    Charles GreyChair

    good. Thank you. Thank you very much.

    Oh any other any other comments before we start? Okay. Well

    Chris Williams

    we'll go ahead and let the president talk. I I've got some comments, yeah.

    Charles GreyChair

    All right. The applicant uh b uh back on please.

    Christopher Poole

    Yeah, yes

    Charles GreyChair

    sir, I'm here. Okay.

    Todd Pressman

    Yes, I I could tell you that the concept plans that have been laid out show retention in the rear. The site obviously slopes to the rear, so there's retention pond in the past are in the rear area. Uh we can also provide a six foot uh fence along the rear property line. So it'll provide a distance buffer and a structure buffer.

    Charles GreyChair

    All right. Can I ask a question?

    Jaimie GirardiVice Chair

    Yeah. Would would that six foot fence exceed what our code requires? I don't know what our code normally requires as a buffer for commercial this use of this type.

    Liam Devine

    So the buffering requirements for that property would be a type A buffer, which is our which is our lowest type buffer, it wouldn't require a six foot high fence. So having a six foot high fence would be going above what the buffer requirement would be.

    Jaimie GirardiVice Chair

    So that would probably require a deed restriction of some kind if we're exceeding the code. Um otherwise it's not really enforceable. So Mr. Pressman, would you be willing to impose a deed restriction with that requirement?

    Todd Pressman

    Yes, that would be for just along the rear property line.

    Jaimie GirardiVice Chair

    Did you want to add something, Mr. Tippin?

    Liam Devine

    So so the deed restriction would be uh the six foot high fence would be in addition to the type A buffer? I think that's what they're committing to, yes.

    Charles GreyChair

    So is the is the type A buffer is that inc include Foliage of some kind.

    Roberto Saez

    Yes, Brad tip and planning development. Type A buffer does include uh trees and shrubs as well. Uh but it's a lower level. The six foot fence in addition to that will raise that physical buffer between the two.

    Charles GreyChair

    Okay.

    Roberto Saez

    Uh but it should be both. We we tend to do both when we do something like this.

    Charles GreyChair

    So okay, did uh all right, did did you understand that?

    Roberto Saez

    Yes,

    Cheryl Gantt

    they're gonna put

    Charles GreyChair

    a

    Cheryl Gantt

    fancy along the back.

    Charles GreyChair

    Six foot fence and a and a vegetative buffer.

    Jaimie GirardiVice Chair

    So Mr. Pressman, just so we're clear we're talking about an opaque fence.

    Todd Pressman

    Yes, sir.

    Jaimie GirardiVice Chair

    Is that probably PVC? Is that what you're proposing?

    Todd Pressman

    Uh PVC or a nice wood fence of some opaque nature, sure.

    Jaimie GirardiVice Chair

    Staff recommends something on that.

    Roberto Saez

    Would not be used.

    Uh and generally more often than not people go with uh a PVC style or they can use a brick wall or masonry wall of some sort as well. It's obviously more expensive, uh but it does need to be opaque.

    Jaimie GirardiVice Chair

    So we would not allow it to be

    Roberto Saez

    correct.

    Jaimie GirardiVice Chair

    Is that clear, Mr. President?

    Charles GreyChair

    Okay.

    All right.

    Chris Williams

    Uh so are you going with the type A or B buffering? 'Cause

    Charles GreyChair

    Type A plus the

    Chris Williams

    Okay, because B kept popping up all the time. Okay. Uh

    Charles GreyChair

    Okay. Um So everybody knows what we're talking about now, right? Okay.

    Jaimie GirardiVice Chair

    So I do encourage you to meet with the applicant between now and the time this gets to the board and see if you can reach some agreement with them about the Maintenance of this road. But there really needs to be an agre a private agreement between you and the property owner.

    Charles GreyChair

    Okay.

    Jaimie GirardiVice Chair

    So staff, can you give these ladies some the contact information for the applicant, please?

    Todd Pressman

    What the reason if you would get that photograph. I'll put a call into a please if I may have request.

    Chris Williams

    My my concern would be and and David brought up the point about the easement, the fact that their grandparents did not have for whatever reason, I would assume it's a certain degree of sophistication in their life, that they never attained an attorney. And therefore, whether whoever drafted this, uh your grandparents probably assuming assumption on my part, that they thought the author of the easement was a person who had enough knowledge how to draft

    the easement. David, being a trained attorney, knows that, in his opinion, this is not the best easement he's ever read.

    The Duncan Donnits folks are being represented by an attorney.

    Jaimie GirardiVice Chair

    Actually Mr. Preston is not an attorney.

    Chris Williams

    I'm not the turn for the record. Okay, thank you. I thought you were. Uh

    Jaimie GirardiVice Chair

    But regardless, he didn't represent them in nineteen seventy nine when they were not when they acquired the properties.

    Chris Williams

    Dungeon Dunce representative and I just hope that uh

    they have the ability

    to the the awareness when you deal with the gentleman because he's representing Dr. Douglas. And I hope it w will work out to your benefit. I personally would like to see it go to a B type of buffering because I think that would have been better for for y'all, but that's not my decision. Uh

    Jaimie GirardiVice Chair

    Well to be clear, it's a deed restriction, so the applicant has to offer it's not something you can impose, the applicant has to offer up something. Well what I heard the applicant offer was a type A with a opaque fence. But if he's willing to offer a type B, that's up to the applicant.

    Chris Williams

    Yeah. I would encourage it.

    Todd Pressman

    For noise along along with the type A. And to digress, just to clear the record, um, because the name Dunkin' Donuts has been bounded about, uh, I actually represent the property owner who um has some Dunkin' Donuts um facilities. So I just wanted to clear that right. Records.

    Chris Williams

    Let me ask one more question.

    I I haven't seen the site plans for this, but is this the type of Dunkin' Donuts where you walk in Donuts? Or is this gonna be the Dunkin' Donuts where you not only p walk in but drive through? But will they sell other products like some of 'em near my neighborhood sell many products in their store. It is almost a walk in quick mark type of facility. So that that's a concern I have was the amount of traffic. If you look at that area, the traffic is gonna be a concern in that area. You go a side row that they will pull off of the main road and then they pull into this

    narrow this this particular road that we've been talking about. And uh

    It well I know there were uh hopefully there'll be a traffic study done at some point in time. We haven't seen one, but uh traffic could be a concern.

    Jaimie GirardiVice Chair

    Actually I think they did do a traffic study. They did. They did they

    Todd Pressman

    are they we we've worked a long

    time.

    County we've provided a number of different traffic reports and work with Stacy Burgess and they've all the result is that they've all been fined.

    Jaimie GirardiVice Chair

    Okay. So just so we're clear, Ms. Burgess, if you're still on, could you just summarize for the Planning Commission the results of the traffic's timing and phasing analysis?

    Stacey Burgess

    Yes, for the timing and phasing analysis, we looked at the segment, and the segment does meet capacity as well as the intersections. And the segment that we were looking at was the county line roadway.

    Jaimie GirardiVice Chair

    Did y are d are you aware of any capacity issues on February Lane or Cambora Drive.

    Stacey Burgess

    We did not ask for that, but I'm not aware of any on those lanes. Because they're local.

    Jaimie GirardiVice Chair

    Okay.

    Stacey Burgess

    Thank you.

    Charles GreyChair

    Anybody?

    All right. And I'd like to hear a motion, please.

    Chris Williams

    I'll make the motion to approve. With the condition of the buffering.

    Charles GreyChair

    Okay. So we have a motion.

    Jaimie GirardiVice Chair

    Type A applicant no it's an applicant offer deed restriction. Not a condition. Just one because you technically can't condition a equity rezoning.

    All right. What he said.

    Chris Williams

    Is what I said.

    Jaimie GirardiVice Chair

    But it sounds like the offer was for a type A buffer with a six foot Opaque fence that is not wood. Right. Fence or wall that is not wood.

    Charles GreyChair

    So we have a we have a motion. Do we have a second?

    Christopher Poole

    I will second it. I'm hesitant on the maintenance issue, but I I will second it with the intention that Mr. Pressman will work with the uh the residents.

    Charles GreyChair

    Okay. I share that concern. Um so we have a motion and a second. Any further discussion of the motion? If not, all in favor of the motion signify by saying aye. Aye. Aye. Opposed? Like signed? Okay, Must Carries.

  2. 2
    Board of County CommissionersP88Public hearingApproved

    Zoning Amendment (Consent) (Regular) – Bushnell DD LLC … Containing Approximately 3.86 Acres

    Approved minutes

    Approved Staff’s recommendation.

    Open this item →
    22m
    Kathryn StarkeyChair

    eight. P eighty-eight. Uh we have proof of publication in the April 20th, 2022 edition of the Tampa Bay Times.

    Liam Devine

    Good afternoon, Liam Divine, Planning and Development. Um item P eighty eight. Before we begin, I would like to request um to receive and file a declaration of easement. It should have been an attachment that was not included in your original packet. I have placed a copy on each of your desks and I have submitted it already to the clerk's office.

    Kathryn StarkeyChair

    Motion to receive and file. Second. All in favor? Aye.

    Liam Devine

    Item P88, PDD 22-7616, in the name of Bushnell D D L L C. It is a zoning amendment from AR Agricultural Residential District to AC2 General Commercial District. The subject site is located on the south side of County Line Road, approximately a thousand feet west of Suncoast Parkway Extension. And this is a look at the aerial view. The surrounding future lanyas to the north, east, south and west is all res one. The surrounding zoning to the north,

    south and west is AR and to the east is C two. The subject site consists of a mobile slash manufactured home and accessory structures on approximately 3.86 acres. The applicant proposes to develop the property with a Dunkin' Donuts and other commercial uses in conformance with the C2 General Commercial District standards for development. Access to the property is from February Lane, a county-maintained local road with approximately 70 feet of right-of-way, and Cimbora Drive, a privately maintained ingress-egress

    easement with approximately 20 feet of paved asphalt. The subject site currently has a feature land use classification of com commercial. The applicant has voluntarily agreed to record a deed restriction with a minimum of type A buffer and a six feet in height opaque fence. or wall along the south of the subject site. And then they have also agreed to maintain the easement for Cimbora drive to county standards. And

    this is coming with a recommendation for approval from Planning Commission and Planning Development Department. I'm here if you have any questions.

    Kathryn StarkeyChair

    Um I don't have any questions. Anyone? All right.

    Does the applicant want to make a presentation?

    Todd Pressman

    Ma'am Chair, Commissioner, Todd Pressman, 2002nd Avenue South, number 400 in St. Petersburg, Florida. Appreciate your time this afternoon. This is a request which at first you've approved a future land use amendment some time ago to commercial, which was approved, which is why the rezoning is coming forward. Your staff is recommending approval in your planning and zoning. Board recommended unanimous approval. We are seeking AR to C2 for 3.86 acres. C2

    is a budding. The property on the east and to the north across County Line is a commercial future land use category. The site is just a stone's throw from the Veterans Expressway. Um county commissioners as indicated in the report have approved similar zonings in the immediate area. Now I have spoken on the phone with two of the nicest ladies I've run into with these kind of issues. Um they are the owners of Bunny to the South. So directly

    because of their concerns raised at the Planning and Zoning Board, we agreed to a condition to maintain Cymbora. for the area that this property is fronting and we've also agreed to as Liam indicated a type A buffer with a fence, which not speaking for them at the time and as a subsequent conversation, they appeared very comfortable with that. So with that, I'll be happy to answer any questions or answer any questions from the nice ladies that are here.

    Kathryn StarkeyChair

    Um I I do have a question just from our com conversation this morning. Are are there utilities here?

    Todd Pressman

    Yes.

    Kathryn StarkeyChair

    That's my own.

    Jack MarianoVice Chair

    So you have water and sewer?

    Todd Pressman

    Um that's my understanding. Uh I think I'll go I'll take a quick look back at the uh at the uh report, but I believe that is correct.

    Kathryn StarkeyChair

    Okay. Um is there anyone here from the public who wishes to speak on this item?

    Kathryn StarkeyChair

    We have two. Uh Cheryl Gantt.

    Kathryn StarkeyChair

    Okay, um name and address for the record please. And whether and whether you've been sworn in. Pardon me? Have you been sworn in?

    Cheryl Gantt

    Yes. Okay. My name is Cheryl Gantt. I live at [address removed]. I have actually brought some documents and some pictures for y'all to look at. Move to

    Ron Oakley

    say we vote.

    Cheryl Gantt

    Second. All in favor? Aye. Aye.

    I've rehearsed this, so I hope we get it three minutes here. I'm here with my mom, same address, Carol Symbora again. We're here because our road Symbora Drive aligns next to the property that Bushnell recently purchased. I've provided documents, pictures, deeds, and surveys. On May 5th, my mom and I went to the Planning Commission meeting. We were naive with those proceedings. We stated we didn't mind the zoning change. We just wanted a buffer from the commercial property and for Birchnell not to use our driveway. We stated that Sambora Drive is a privately owned road and

    that the We were told by the Board that the easement rights were given to the adjoining property owners when they brought the property. and that Bushnell could use it for public use. The board stated it was a civil matter and to try to work it out ourselves regarding the maintenance of the road. In May of sixty two my great grandmother obtained ten acres of land on County Line Road. My grandparents, the Sambores, bought the land. Four generations of my family have lived on this property. In 79 my grandparents divided the ten acres into

    four two and a half acre plots, one for them and one the other three plots for their three daughters. and they made a declaration of easement. A planning board member said that my grandparents should have used a lawyer and that the easement didn't state no commercial use. It was to be used by all four plots. After the meeting, we located the easement document. J. John H. Bonner of Bonner and Hogan PA did prepare the document. An attorney was used. No commercial use was probably admitted because

    it was all zoned for residential agriculture. We sought legal advice. I was informed that the court of law looks at the intent of the declaration. To me the intent is obvious because it was all zoned residential agriculture, meaning our family, and this is proven evident on the survey. My grandmother handwrote the family names on the four plots. During the planning meeting a woman from the Road Department said that it was a viable road to use. Only one half of the road is wide enough for two way traffic. The rest is a

    single lane. There are no dividing lane lines, no dead end signs, and it's thinly graveled. Even garbage trucks tear it up. There's go for turtles that need to be relocated from the property as per SB four ninety four. And they have over Bushnell has over a hundred and fifty five foot of frontage on February Lane, just from the one parcel. But there is a paved entrance over a cement drain that already exists. There's no need to pass by that. entrance and use some more drive. I

    spoke to Liam Devine last week and he informed me that Bushnell was to maintain the road per the county meet per the standards county standards. Liam said there was supposed to be space for eight vehicles at the order board for Duncan. Will that line back up in their parking lot or on Sambora Drive? Will I be blocked from my home? Liam said that my taxes shouldn't go up because of the zoning. The road is residential and the adjoining property is commercial. I said that's the problem. The county is using our residential road for commercial

    purposes. We were informed we don't have the choice. If this is the case, it should be eminent domain. The county should buy and maintain the road so it can be used as they want. This would benefit all property owners. I believe I proved the intent of the declaration. If you decide against us and let Duncan use our road, please make sure that the entire length of the road is paved and maintained by Bushnell per the recommendations.

    Kathryn StarkeyChair

    Thank you. Thank you. So, um is there anyone else who wishes to speak on this?

    Kathryn StarkeyChair

    Uh Carol Gantt is already is also assigned.

    Kathryn StarkeyChair

    Is that the mom?

    Kathryn StarkeyChair

    Yes.

    Kathryn StarkeyChair

    Did you want to speak? Okay.

    Unidentified speakerVoice A

    I don't walk to the road.

    Good afternoon. My name is Carol Cimbora Gantt. Uh I live at [address removed]. And I have lived there for forty years, forty straight years. If the county is telling me that I have no rights to use my private own privately owned driveway as I want. Then the county should buy it. I would love for them to buy it.

    The county should make it uh uh public road. since you are making me use it as a public road.

    No matter who paves and maintains the road, please make sure the entire

    is paved. uh, it sorta narrows down 'cause they figured Mom and Dad figured at the time we didn't need a big car. Anyway. What do you just put into the paperwork?

    that the road shall be paved and maintained by the recommendations of the Planning Board and by the County standards. Uh I just say This is very woodsy and we love the area and we've been, like I said, in Pasco County for 40 years and before that and many years in Hernandez County. Uh I would love for the county to buy it because I'm in my eighties And

    I'm not gonna be able to be paying taxes on that road. for many more years. So um Please do us a favor and do the company A favor. Make it a nice road. in ownership so I can walk down to Dunkin' Donuts. Especially on Sundays. Thank you for listening to me because I haven't done that shit and uh Nature

    of these talks since I was the Chairleader. And now I'm not a very good cheerleader. So thank you very much. And please please help us in this case. Thank you.

    Kathryn StarkeyChair

    Um question for you. There's a preschool on that. Is there a preschool on Symbora? Yes. Okay I can't hear

    Unidentified speakerVoice A

    very well

    Kathryn StarkeyChair

    any um who owns the property next to the Sun Coast? Looks like it's a

    Cheryl Gantt

    junk yard. It's actually Lebrano, he owns I think it's almost twenty acres. Who is also owns the home uh that my parents lived in next to us? Is that a junkyard? No, there's no junkyard. No, there's some equipment there 'cause he owned a um uh one of those companies that fill in sinkholes. So there's there's a sinkhole repair equipment there, but no that all that property is for sale. As a matter of fact, we're getting offers all the time for somebody um they

    want to come in and buy all our property. Yeah, they do. And I wish that everyone would agree because w you know we could retire very nicely. Yeah. Um but yeah, and see the the road itself is 0.24 acres. I mean it's a quarter of an acre and when when the regular house is on less than a fifth of an acre of land, we're talking about a a good chunk of land here. And it would just be so much easier if the county, you know, we did the eminent domain and the county just borrowed it.

    Kathryn StarkeyChair

    Yeah, well Yeah that's not something that we do but I I'm sure we have some questions for the applicant and the staff.

    Kathryn StarkeyChair

    There's no one else signed up.

    Kathryn StarkeyChair

    Okay. Um so can you say again what's going on with the road and who owns the road?

    Unidentified speakerVoice B

    So why don't you finish your public hearing and then we'll

    Kathryn StarkeyChair

    does anyone else here wish to speak on this? Anyone online?

    Kathryn StarkeyChair

    No. Yeah,

    Kathryn StarkeyChair

    you see that already. Okay.

    Um yeah, let can you explain the road again because maybe I miss something.

    Liam Devine

    Yes, I can explain the road again. So Cimbora Drive is an access ingress-egress easement. Um it's about 20 foot in width, so that is what the declaration of easement is. That declaration does not limit to commercial properties or residential, it is a simple ingress-egress eas ingress. egress easement for the subject's site. So that's what's going on. And I will state that that The applicant or a successor owner shall maintain Symbora Drive to standards

    in the section 901.4 of the land development code for all portions of Cymbora Drive abutting the subject property. So that's what they're agreeing to into the deed restriction. So they're saying that it will be paved and up to county standards, but that is an ingress-egress easement. So they don't own that property underneath. They're just allowed to use the subject's The property owner.

    Kathryn StarkeyChair

    Okay, who o who owns the easement? Whose easement is it?

    Liam Devine

    I I I believe it's their easement. Uh let me rephrase that. It's their property, but the sub the applicant owner the applicant has an easement to use the property for ingress-egress.

    Kathryn StarkeyChair

    And and we'll maintain it.

    Liam Devine

    that will be within the deed restriction. So they have voluntarily agreed to a deed restriction that them or any successor owner shall maintain Sembora Drive to the standards in 901.4 of the Land Development Code.

    Kathryn StarkeyChair

    Okay, and who owns is February Lane a county maintained road?

    Liam Devine

    February Lane is a county maintained lane. Maintain, right?

    Kathryn StarkeyChair

    This is whose district? I'm at you know, I'm asking questions here. So good.

    Unidentified speakerVoice B

    Um

    And Chairman Mariano. So Liam, the declaration of easement that you passed out, somebody at somebody from your staff or survey has reviewed it.

    Liam Devine

    Not from survey. Staff has reviewed it.

    Unidentified speakerVoice B

    Okay. parcels that are listed on exhibit B are the description of this of the applicant's property?

    Liam Devine

    Yes, but I'm not an expert surveyor, so That's

    Unidentified speakerVoice B

    what I'll

    Liam Devine

    say.

    Unidentified speakerVoice B

    Hmm

    Liam Devine

    for the parcel.

    Unidentified speakerVoice B

    Sure. So what I'm trying to find out is does this easement, is this easement?

    To the applicant's property. So Somebody should have looked at if you're passing this out for the purposes that this easement grants the applicant the ability to use it. Somebody on our staff should have checked it to make sure the legals Coincide with this piece of property. That's all I'm asking. Has that review been done?

    Liam Devine

    I do have a copy.

    Kathryn StarkeyChair

    second paragraph.

    Unidentified speakerVoice B

    Yet the second paragraph describes the easement.

    Ten feet on each side of the parsa.

    Kathryn StarkeyChair

    Accepting the east and accepting the west.

    Denise

    Verified that it does, um the applicant's parcel is the one that's denoted as parcel one.

    Unidentified speakerVoice B

    Okay. And the the legal that that is the easement is Symbordra.

    Denise

    That's correct.

    Unidentified speakerVoice B

    Okay. So they so parcel one has the legal right to traverse this road. It is not I agree with with Liam's statement.

    For purely residential purposes. When they were sold off, they were entitled to have the easement just like

    Kathryn StarkeyChair

    Well there's a business owner.

    So At least that's what it says here on Google.

    Denise

    Yeah,

    Kathryn StarkeyChair

    and that business is the is parcel too.

    Yeah, but it uses Symbora. That's correct. Yeah.

    Jack MarianoVice Chair

    Yeah.

    Kathryn StarkeyChair

    Well Jack uh got a couple

    Jack MarianoVice Chair

    questions or two.

    Kathryn StarkeyChair

    Okay.

    Jack MarianoVice Chair

    Um thank you, Madam Chairman Mari Right now Sambur that runs north-south, correct? So if in fact we bring utilities alongside on Condyline Road Do they have to connect?

    My anticipation they wouldn't be have to if they're on County Line Road

    Mike Carballa

    Mike Carbala. So typically if a gravity sewer is provided there is a forceful connection that has to take place under state law, but if there's force mains or water then based on current policy it's not obligatory.

    Jack MarianoVice Chair

    Alright, so and if we're gonna try to make this whole area grow with water and sewer we're gonna need to make a connection happen. So because you have a frontage road down below, you're separating it from County Line Road. Uh is this something we can do and I guess it's quite a question for Denise, if not for you, that can we put a condition into if the sewer lines provided on Con Line Row that they have to connect?

    Unidentified speakerVoice B

    It's a Euclidean zoning, so you can't condition it. That's why that's why he's tendered the the covenants and restrictions. Mm-hmm. But

    um would be if there's sewer available, it would be odd that that the health department would give a commercial.

    Mike Carballa

    Certain yes, certainly our experience with the health department is is if it's there and available when the time came to renew or to do whatever let's just say well and septic are involved and there is facilities available, there is still a process that they would go through. So I mean theoretically at that time it it could be forced. I mean I would I would think

    Jack MarianoVice Chair

    No, it

    from

    what you can see or if you can see from what's well I guess you don't see the map now, but with that line in there, would it would it be a normal thing to have a connection like that stubbed out to A symbol

    Mike Carballa

    or drive to make the connection. If a line were to be put in to have a stub out or a connection point, certainly. That's that's not anything difficult.

    Jack MarianoVice Chair

    Right. So if we just so if we did have the line going across, all we'd have to do is just draw a stub out line and then we'd they'd have to connect.

    Mike Carballa

    That could be designed into the process, of course.

    Jack MarianoVice Chair

    Okay. Um did we do we find out if do they have sewer or not?

    Mike Carballa

    So my records from from the team show that it's kind of in that area what we discussed this morning where there really are no no Pasco County utilities located right there. Oh

    Jack MarianoVice Chair

    there are none. So can I ask the applicant backup?

    Kathryn StarkeyChair

    Yeah.

    Jack MarianoVice Chair

    So Mr. Pressman, do you think that the owners would agree to hook up if we did bring utilities in place for for sewer?

    Todd Pressman

    I'm I'm sure they would. Yeah.

    Jack MarianoVice Chair

    Mm.

    Kathryn StarkeyChair

    D be careful what you ask for because you don't know the cost yet. So I mean it would be part of a team of people bringing it up, right? That's what we're talking that's what we were talking about this morning. Since there's no utilities there, it's a hindrance to development.

    Todd Pressman

    Uh as I looked at my notes, the last discussion I had with the uh applicant was they had talked with Hernando County. Yeah. Um but then I understand that is somewhat as I'm learning this this afternoon that is or from this morning is that's a little in flux from what I'm being told.

    Jack MarianoVice Chair

    Right. So f the way I look at it is if we're gonna be in uh and just thinking this as we've gone through the day now looking at this whole thing is I think w our best move as a county is to actually look at all the businesses up and down the line that say they connect and or like they'd like to connect or do even contribute to doing so that it may make the whole thing feasible all the way through. Uh but it's gonna be be a little bit of a process. But yeah with that interlocal gone now They're not gonna let you hook up or you'd be cut out in after two years anyway. In two in two years time the Hernando Agreement's

    gonna go away. So they're not gonna I don't think let you hook up anyway at this point. So for you for long term, if we looked at it, it'd be good if we could reach out and make make contact to say, look, we'd like to ho hook up when you can make it available. Okay. Thank you.

    Kathryn StarkeyChair

    Okay. So with that take a motion.

    Jack MarianoVice Chair

    Movement.

    Kathryn StarkeyChair

    Second. All in favor? Aye. Aye.