PDD-24-7744

Published agenda

6 appearances between Nov 2, 2023 and Feb 8, 2024, at 2 boards — continued 2 times.

No final outcomeEvery appearance was continued or left undisposed. Nothing in this archive shows it decided.

Official title

Zoning Amendment (Continuance) – Dawod Hany and Neamataud Nermeen – Change in Zoning from an R-3 Medium Density Residential District and C-1 Neighborhood Commercial District to a C-2 General Commercial District – Southeast Pasco County – Southeast Corner of State Road 54 and Shaw Drive – Containing Approximately 0.86 Acre

On a calendar

Nov 2, 2023 → Feb 8, 2024 · click a mark to jump to that appearance

Every appearance4 of 6 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. 78% of 402 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong. 2 of the 6 appearances are not in any recording, so what was said at those is not here.

1Nov 2, 2023
Planning CommissionPC5Consent agendaNo disposition in the minutes
Zoning Amendment ~~(Continuance)~~ (Consent) – Dawod Hany and … Containing Approximately 0.86 Acre
Open this item →
54m
Liam Devine
Again, Liam Divine Planning Development. PC5 PDD 24-7744. And I'm gonna apologize for how I pronounce this name, but I am hopefully saying it right. Dow Wood, Hani, and Nimatao Nerme. It is a Euclidean rezoning request from R3 medium density residential district to C2 or C and C1 neighborhood commercial district to C2 General Commercial District. The future land use classification is
Res 9 under the comprehensive plan. The applicant proposes to develop the property with a 5,000 square foot maintenance. shop and auto repair in conformance with the C2 General Commercial District standards for development. The subject site is located on the southeast corner of State Road 54 and Shaw Drive. The subject site is located within East Market and is outside the urban concentration and rural areas.
This is the context of the area.
A closer or aerial view of the site.
The surrounding future land use to the north, east, south, and west is all Res9.
And the surrounding n um zoning to the north is R3 and C2, to the east is R3 and C2, to the south is R3 and R1 M H, and to the west is C2. The subject site is undeveloped on approximately 0.86 acre. The applicant has volunteered to record a deed restriction to address local concerns, and this is coming with a recommendation for approval from Planning Development Department.
GreyChair
All right. I can hear you, Lamb. So the applicant's present? Yes. All right. Would you like to make a presentation, Shelley?
What
Amy Shelley Johnson, sixty four hundred Madison Street. Um I have been sworn. I can answer any questions that come up.
GreyChair
Okay.
What
We weren't aware of any objections, but apparently we're going to have to do it.
GreyChair
Okay. You just want to have a seat there and we'll see if there are any objections. Um was there someone that had
Unidentified speakerVoice A
a question on this one?
Sorry, we have several individuals who've signed up and I can go through that list.
About PC five?
Liam Devine
I believe he is registered on the list.
GreyChair
Okay.
State your name and address.
Anybody that's gonna speak you can just sit in the front row there and make
Unidentified speakerVoice B
return. Jimmy Nelson, um my address is [address removed]. I'm at the southwest corner of Waverley and Shaw. That's my property. And so we just do have a lot of questions about what's going on in this area.
Unidentified speakerVoice A
Okay.
Unidentified speakerVoice B
So
GreyChair
wha do you know anything about it yet?
Unidentified speakerVoice B
No, did we just received this letter of maybe a week or two ago so we are questioning you know what's going on here in this area with this rezoning 'cause uh I do own that property right behind. Okay. Uh this current property.
GreyChair
They're asking for it to be rezoned to let me see. C two. C two, okay. So it would be a gener what they call a general commercial type of use. Wouldn't be residential. It would be a b business property.
Unidentified speakerVoice B
Well I think that most of the residents that are here they do object to this, changing this into a commercial proper District.
Connected City
Okay. So it's already zone C one though. It is zone commercial already. We're just looking to change from C one to C two.
Unidentified speakerVoice B
Okay, so that what does that mean for my property? It just
Connected City
means the uses are a little bit um there's more uses allowed with C two than the C one of the D.
Unidentified speakerVoice B
And then I hear changing to a deed restriction.
GreyChair
That was yeah, that was with another property where uh
Unidentified speakerVoice C
there's a deed restriction uh included here that that's for another condition.
Moody
That prevents the owner upon recordation of the restriction from ever developing that as an affordable housing project in accordance with one of the recently passed state statutes.
Unidentified speakerVoice B
Okay, from what do residents that live around me or Um do not want this change to from this residential to this commercial. But it's not currently residential.
Unidentified speakerVoice D
It's currently C one commercial.
Unidentified speakerVoice B
Actually it is.
Unidentified speakerVoice D
Don't speak from the audience.
Unidentified speakerVoice B
Uh just say here that uh they want to change from residential right here where it says on s this PC five.
Unidentified speakerVoice C
Yeah, the zoning map maybe you can put up there? Because I think it's
Unidentified speakerVoice B
from a medium dental resident. R1 and C one. Right there. Can we see that? Can everybody see what I'm seeing here? Yeah, three and three. Okay. So I'm just trying to figure out this is not something that I or the other residents in the area want.
GreyChair
So you got this at the zoning map, Lam.
Moody
So explain I understand you're saying you and the other residents don't want it. What is it that you're objecting to or why don't you want this?
Unidentified speakerVoice B
Because we don't wanna be uh having to change from a residential area to a commercial area. This is gonna come about with more uh housings being built, which this is going on everywhere. There's more cars and concrete, the roads are not done. My road floods already as it is when it rains. uh my yard gets so flooded it's unreal. But nobody seems to do anything about this. But now they want to change it from residential to now just uh commercial property
in the area. So, you know, I I don't know a whole lot about this, so I'm just stating that this is something that me and my wife do not want. So you keep referring to the product that
Moody
I keep referring to the property as being residential, but the The map the map that's in the staff report we've been provided shows that this is C one commercial. Is that correct, Liam?
Connected City
It's it looks like the map and the staff report's a little bit inaccurate.
Liam Devine
So if I can if I can explain, um the image the property is actually C uh R three, uh as it's in the title, R three and C one. So when staff was reviewing this we Pull all of the previous rezoning and go through it and read the minutes from the previous approvals. When this was approved, it was approved for C1, except for lot 21. That would be the small R3 area that you'll see right there. So
it is technically C1 and R3. So that's not the same
Moody
map as in the staff report. report
Liam Devine
correct in the correct the the m the map the visual zoning visual in your agenda packet we are waiting for GIS to provide us an updated version because we had to correct that on the zoning map. So it's corrected on the zoning map, but we are still waiting on the updated. I understand.
Moody
That's that's fine.
GreyChair
Okay, so all the pink is on C one.
Liam Devine
C one commercial. Okay. Except for the lot twenty loop.
Is the R three.
Christopher Poole
So do do you understand that, sir? So everything that's on that front Shaw Drive and what's the other Fifty four. Fifty four and Waver. Fifty four, that's all commercial already.
Chris Williams
And I also think it might be helpful if someone just does a brief overview of what's allowed in C one versus C2, which is what they're asking to change it to.
Christina Nelson
Can I may I speak?
GreyChair
Um you you're gonna need to give your name and address.
Christina Nelson
My name is Christina Nelson, [address removed]. Okay. I'm also on that corner. So before Raphael that triple A towing took over and demolished everything, um that was a home, and so he demolished all the trees, demolished the home,
The compound compound thing. Now there's two homes over here and I'm guessing that's what he wants to demolish and put uh you said a mechanic shop or something? That's what I heard, is that correct? Okay, so here's my issue. So I we all work, we're all blue-collar workers. So um and we have children. There's children all along our road. So with him building this compound thing,
I've had numerous issues with him. So when he cut down all the trees, I had to call the county, the code enforcement. He didn't get any permits to cut down the trees, so he got fined for that. The fires, he was doing fires, the fire department had to come out. Three times to put out his fires because they were too high and illegal, unlawful fires.
Noise ordinances had to come out there at Pat's place, noise ordinances, the sheriffs go out there. I'm constantly battling with these two businesses. So if he puts a mechanic thing, you know, mechanic shop right there on the corner, I'm gonna have to battle. With that as well. I'm in bed at seven o'clock because I have to get up at two AM for work. Um I work ten hour days. So I personally I own my home. Oh a all a lot of us own our homes. I
don't think it's fair that they should be able to come and put a automobile place on the corner when I live right across the corner from it. My grand my mother and grandfather live right behind me. He's ninety eight years old. He doesn't need to be hearing that. My mom doesn't need to be hearing that. Like No, I'm opposed to it. This is not okay. It's already bad enough that down the street that Linar Homes bought out the the woods that was there and built frickin' town homes
like No, we were a nice quiet neighborhood and now we have
GreyChair
Well let me let me just stop you right there for a second. And don't please don't speak from the audience because that's confusing. We 'cause we have to get everything on the recorder and she has to translate it. And if she's got multiple voices talking from the audience, she can't get it down right. So um Liam, I guess the question is it's he won now most of the property. Can he do the mechanic? Not in
Liam Devine
C
GreyChair
One. Um so what can they do on C One?
Liam Devine
So for C one, and I'm just gonna go down the list here, um retail sales, daycare centers, um financial institutes, fitness centers, um public services facilities like a police station, um medical dental um clinics, um, and the city of the city. Residential treatment care facilities, pharmacies,
would be allowed.
Christopher Poole
Okay. So is his existing business not not compliant?
Liam Devine
Hi his existing business of
Christopher Poole
towing
Liam Devine
towing would not be allowed in C one.
No, there is obviously.
Connected City
Yes, there is.
Liam Devine
Um when I did a drive-by survey of the property, but I didn't see towing.
Moody
Okay, so is his storage Operation in compliance?
Liam Devine
No, that would not
Moody
be. Okay. And ma'am, can you on the map show me where which property is yours?
Unidentified speakerVoice B
I'm right southwest corner of Sean Way.
Moody
Right there where that house is.
Unidentified speakerVoice B
Right where the
Moody
pointer is.
And sir, where is yours?
Christina Nelson
He's with me. So we're on the scene.
Unidentified speakerVoice B
That's multi-burger
Christina Nelson
may
Unidentified speakerVoice B
couple.
GreyChair
That's a that's a pointer. You can use that to point with. Just push the button and hand and There you go.
Christina Nelson
And he's building a um like a compound that goes like this right here. Um at one point in time he was running a towing service. You can ask anybody on our block, because he was using Waverly to come in and out and um his toe trucks almost hit my best friend's daughter on this floor right here. He almost hit my car one time. One of his drivers. I actually followed one of his drivers into his property to tell them to slow down because he almost
hit me. And then they started using a gate right here. Um and I um I have Rale's personal number and he just recently stopped
So
GirardiVice Chair
Yes. The applicant were to agree to restrict access to Waverley and put up some kind of wall or fence on the south side of the property Some opaque fence or wall, would that address any of your concerns?
Christina Nelson
He already has a fence there. So they can't use Waverly anymore. He has it, so they only use Shaw. But no, because I still hear all that noise. And so if he builds over here, where you guys are are speaking about, across the street on the opposite side of Shaw, I'm still gonna hear all of that. At Midas, he's the manager. He has since
I've known him for um almost 30 years. So I know the sounds that come with the shop and I'm always gonna be opposed to this.
Moody
Okay. Liam, how wide is the right-of-way on Waverly?
Liam Devine
I
um sorry,
Moody
um
Liam Devine
fifty feet.
Moody
Fifty feet. Yes. Maybe can I ask Brad to answer a question? If this were to be C one or C two, would the fifty foot right away require him to do the type A buffer or the B buffer along Waverly? Excuse me,
GreyChair
Ms. Brad's coming from the back this week. He's with the county.
Unidentified speakerVoice E
Uh Brad tip and planning development. Uh essentially when you have a local road, it's what's across the street. Right. Uh so it depends on what is across the street. If it's commercial, then it would be a lesser buffer than
Moody
their property is zoned looks like R1 M H, at least the map that's
Unidentified speakerVoice E
buffer on that side.
Moody
So it's a B, so that would require so even Back to David's point. if he were to develop this, he would be required to plant a fifteen foot wide landscape buffer which includes either a wall, berm, fence or a hedge that's at least six feet high and eighty percent opaque within a year. So I don't know that we would necessarily, David, need to r restrict
it that he'd already be required under the land development code to do that. I'm not sure that that addresses their
GirardiVice Chair
noise
Moody
concern, but
GirardiVice Chair
Yeah, I meant well the only potential issue might be if he tries to get access to Waverly because I'm not sure if staff would allow a whole like a a gap in the wall if he puts a driveway there. I see. So uh you might need to restrict access to Waverly. I I don't think that's going to address the resident's concern. But it would have to be but by like deed restriction or something. Well, he already has a deed restriction that he's proposing for Live Local. He could add an additional
restriction to not access Waverly. Although it doesn't sound like that addresses the resident's concern, but it but it It may help the planning commission
Moody
but I it What's on the adjacent properties just to the west? Those are zone C two I'm not are those problems disrupting you it's
Unidentified speakerVoice D
clear
Moody
to me the aerial there you go.
Christina Nelson
Ne are you talking about next to him?
Moody
Yes.
Christina Nelson
Those are homes that are next to him. Right, and
Moody
up on fifty-four where they have commercial. What are what's on those?
Christina Nelson
The those r so right next to him are homes.
Unidentified speakerVoice D
Right down on fifty four. Up there, yes. Yeah, but
Connected City
That's not a home there.
Unidentified speakerVoice D
Right, what is that?
Christina Nelson
We can't see that.
Uh right on right on Rave Waverly right next to him, there's a home. So what's above that, we can't see that. That doesn't disrupt us at all.
So where you're pointing at right there where all those things are? There. the compound thing that was a home that he tore down. Right there. That used to be a home that he tore down.
Connected City
The reason he's asking is the adjacent properties down fifty four, all of them are C two already and because it's currently C one.
Christina Nelson
We we can't hear those. Like there's an there's an R V like a R V thing right there and then there's a storage uh Uhaul storage thing down, but we don't hear those. They don't They're not like banging and welding and whatever else they're doing across the street from us. He's literally directly across the street from us.
Moody
So in that zoning district. You said one of 'em was a storage place and the other one an R V. No, th there's nothing that requires those owners to keep those properties that way. Any of those owners could sell their property to somebody and redevelop that and perhaps build an auto repair shop. If that happened how would that affect the easement,
Christina Nelson
wouldn't because they're far enough away from me. I see. Okay. I could I could throw a rock and hit his office. Literally. Like if I'm sitting on my porch, I can hear him having a conversation as he can hear me having a conversation. I rehab wildlife. So when he tore all them trees down, I had an issue. Just like when Lenar Holmes bought all the the land down. the road I have an issue. I mean I've released I don't know five hundred squirrels or more. I've been doing this for ten years. So
yeah, and for him to you know, all the noise and stuff, I'm that's yeah, no, I'll never be okay with it.
I have I have children.
GreyChair
Brad, was there something else you wanted to say?
Unidentified speakerVoice E
Uh I just wanted to say that because I believe this is not conditionable, uh there is an option. Um unfortunately they would be allowed to use any of the options for the type D buffer for the six-foot screen. Um obviously like a six-foot hedge that's visual but doesn't do that much for sound. Um, you know, a vinyl fence that's six feet tall. Does a little bit for sound and visual. For sound, you would probably want something more like a wall. So if they wanted to actually
add to their deed restriction to put a wall on the backside where it would do residentials, that would be probably the best way to address sound there as well as orientation of the site. We can address that time of site plan because we do have some restrictions also. where those bay doors can face. So that's an option. I have a question
Unidentified speakerVoice B
for Shepard. I'm sorry, say that again, Brad, about
Unidentified speakerVoice D
restriction on bay doors.
Unidentified speakerVoice E
So we do have some restrictions in the in the code as far as uh where what direction the bay doors would face.
Moody
So what how would that how would that work on this site?
Unidentified speakerVoice E
So they they should not face the residential area. I mean it gets dicey if you're surrounded by residential but uh th this is a situation where they they probably would not have bay doors facing the actual residential land. Um but again if there is still sound, if there is still activity outside of the building, you know, behind the building between them and residents, then that could be somewhat dealt with with a wall better if they were willing to deem restrict to do a wall back there. Otherwise the code
would allow them any of those options. They could install anything as they wanted.
Connected City
Sorry. So I have a a quick question for staff too. Um so I see future land use here is res nine, is that correct? Through this whole area?
Liam Devine
That is correct. So a part of your agenda packet um from long range planning there was a in commercial infill determination.
Connected City
Okay. So that was gonna be my question and how we can make a zoning change that's inconsistent with the flu.
Liam Devine
Yes.
Connected City
Okay.
Liam Devine
Uh the there is one thing I do wanna add because it was brought up talked about um towing services. That is not a a permitted C two use, that is a conditional use in C two. So if that's the use they're wanting, which was not part of this application, it was maintenance and auto repair for this application. If they're going to go for towing, they would have to come in for if the rezoning to C two was approved, they would have to come in for a conditional use for towing services.
Connected City
Has there ever been any code enforcement uh action on this property for non permitted use?
Liam Devine
Um I'm currently looking at um a seller record. There have been some code compliance um
cases that have been opened but they seem to be closed at the moment. It looks like there was um removal of trees without a permit.
Connected City
Okay. What appears it appears the business is operating there, it's a towing service and sort of which is inconsistent with C one and possibly even C two without a conditional use.
GreyChair
All right. Thank you. I know you have some other people that want to speak, so let's
Christina Nelson
I just have one more
GreyChair
Excuse me, I'm sorry. Ms.
Christina Nelson
Nelson. Nelson.
GreyChair
Ms. Nelson. I need to let all these other people speak, you know.
We
Richard Cuyaba
can have your name and
GreyChair
address, please.
Richard Cuyaba
My name is Richard Cuyaba, K-U-J-A-W-A for the record. I live at [address removed]. And the the road itself, Shaw Drive is what's splitting these two properties. Um he has been using the property for AAA services even though he says he hasn't or or is stopped. I got on my phone where the gates are still open. He's got the trucks in there. You can um take a picture at a different
time. Different truck will be So yeah, he's still he's still utilizing for what he says he's not utilizing it for. Um there's been significant damage done to the road, him coming in and out, you heard from other neighbors. the traffic that it's gonna bring or keep we l it's a dirt road and it it dead ends. So any traffic that misses the business is gonna come down to the end of the road, use my driveway to turn around, go back
up the road, and it's fruitless. Um what they're trying to do, changing it from residential C one to straight commercial C three I guess or C two, whatever it is, um changes what they can do significantly as opposed to the residential neighborhood that's attached to it. There's probably fifteen kids living a three blocks that play on those
three blocks. Four blocks actually, but that's a private road that they annihilated. Um they they just their trucks would drive through it. There also was a uh a tree service company that was using in and out of there. And ideally the gate that they're using wasn't supposed to be used for their trucks. They're supposed to be using the entrance that's on 54. the w the entrance that they do use was for their employees to park
their vehicles to go get in their trucks to drive and go to work. They come out the the gate, they don't pay attention to who's coming up and down the road because as I say, it's a dirt road. They just look forward and they come out of there. And then they head up to 54 to get on the road and do what they're gonna do. Sometimes I'll go through Pas Place, parking lot and go up that way. But the traffic that it used beat the road up and they only drade the road once a month. So
y'all live in Florida, drive down Dirt Road, Dade City, I'm sure. I used to have a paper out of Date City. I don't know what that's a lot. But our road looks like that. And it should. And the kids shouldn't have to be worried about getting run out in the trucks. That's about it.
GreyChair
Okay. Well thank you very much. Anybody have questions for this person here? Where's your
Richard Cuyaba
uh I'm a guy. Not personally. You're
GreyChair
not
Richard Cuyaba
a person. Identify as a guy, yes, a normal person. Don't get me into the pronoun thing, okay? We recognized you as one. Which one is yours? I live at [address removed], um where the dirt road ends. Let me see there.
Okay, that's just
Yeah.
Yeah. I'm down here. Where's the new development? Okay, I'm starting here.
GreyChair
Okay. That's where they turned around.
Okay. I have the guy's spot.
No, I understand.
Richard Cuyaba
It's not so much about the the coming down using my driveway to turn around but the other neighbors as well. But the bottom line is they effectively drive all the way down to the end of the road and say, Okay, this is it, can't go no further. And I have my I have a uh a fence across at my property and I even got reflective signs that that end you know it says no outlet at the beginning of the road. But it's the fact that the traffic Comes down all the way, then turns around and goes back up. So no matter what, you know, that extra traffic that this other
thing's gonna bring in. is gonna be even more. I mean ten times that, you know, if it's a busy shop. And the kids don't really need it, you know.
GreyChair
All right. Well thank you very much.
Richard Cuyaba
Thank you.
GreyChair
Who's next? Like we uh had one more.
Unidentified speakerVoice F
Mark Curtis. I uh I own property back in uh on Huron Street.
GreyChair
What's your what's your address, Mark?
Unidentified speakerVoice F
It's uh [address removed].
GreyChair
Okay, thank you.
Unidentified speakerVoice F
Um And I've seen all this progress. And when I bought the property, there was two houses on the lower end of it. uh of his property. And then he fenced it in, took the houses down, so that w made it all commercial. And then uh took down all the trees without the fence. And uh he's been, like uh Rick has been saying, he's been using he
doesn't pay attention to the rules. It says no trucks on either streets. He takes down the signs. Um it's just uh he'll do what he wants. We're just bringing it to your attention.
GreyChair
Well you thank we appreciate it. Thank you very much. Anybody we missed? Only get one bite at the apple. Did somebody else want to speak?
Okay. Shall we?
What
Thank you. Shelley Johnson, 6400 Madison Street, and I have been sworn. Um just to answer the traffic questions, um it did a T M P, it's exempt. Um there's actually uses within C One that probably would generate a lot more traffic than what's being proposed with this particular use, which is the Um auto the the maintenance repair enclosed shop type of a situation. Um they are going to be accessing off a Shaw. And they are required, it looks like the comments that came back from traffic is they are going to be required to
do construct you know mitigation, design, and construction of Shaw Drive from State Road 52 to the project access. They have no problem with agreeing to no access to Waverly if we want to add a D-restriction to that. And if you want to require that they put in a wall in the south end, they'll be happy to do that as well. And I don't know. I think that addressed all of the questions.
GreyChair
the right-of-way. Sorry.
I'm sorry, I can't take it from where you're where you are.
Does somebody have a question for this man?
Moody
I'll ask him what's the picture on his phone.
Unidentified speakerVoice B
I just wanna know what that's gonna be.
Moody
Is there a building permit issued on this property for a building?
Liam Devine
Um not that I'm aware of but I can double check.
Christopher Poole
Where where is that on the properties? On the the back side of it?
Unidentified speakerVoice B
This is where the houses used to be, two houses used to be that got torn down.
Now they're building some kind of concrete
Moody
I'm having a hard time. Is that shipping containers or is it metal building that's shipping?
It looks like it's intended to be
Unidentified speakerVoice D
a building.
Unidentified speakerVoice B
They are building it as we
GirardiVice Chair
So can I ask you to do that?
I'll wait till their
GreyChair
dialogue is done though. Okay. What uh what did you see? What did you observe, John?
Moody
It appears to be shipping containers that somebody's clearly intending to inhabit for some purpose. I don't know.
Unidentified speakerVoice G
It what piece of property is it? I cannot see it from here on that little page. We're gonna pass it down to you, Pete. Okay. Can you point it in? Yeah, that'd be great. Okay.
GreyChair
Can you p yeah. Yeah,
Unidentified speakerVoice G
it'd be nice to put it on the map so that the audience can see it also.
GreyChair
Okay, yeah. So while you're doing Sergeant Peppers.
GirardiVice Chair
Sergeant Pepers. Can I ask Shelley a question while we're doing the graphic? Um Shelley, can you come back to the podium? So I thought I heard you say that all of the maintenance activities would be indoors, is that accurate?
What
It's a five thousand square foot building that they're gonna be building, yes. That's my understanding for auto repair.
Moody
And is that the building?
What
No, I I don't honestly I don't know. I've never ever spoken to the actual owner, so I I truly do not know what he's doing on this property just for the record. Um but I I don't know if p that's gonna be part of it or not, I really don't. But that's the intention.
Unidentified speakerVoice D
Did we figure out if there's
GirardiVice Chair
I mean, is that something you're willing to commit to in your deed restriction? that all the maintenance activities would be within an enclosed building.
What
I mean we would have to talk to the um client about it. Um
GirardiVice Chair
I mean 'cause what I'm hearing the neighbors biggest concern is noise.
What
Yeah.
GirardiVice Chair
And it it seems to me that if the maintenance activity was entirely within an enclosed building, in addition to the buffer that Brad mentioned that probably would mitigate most of the noise. But I'm not sure that and I guess I'll ask Liam Did there's a maintenance In the absence of a deed restriction committing that it be in an enclosed building, could they do maintenance outdoors?
What
And David, not to interrupt, but uh I've just got word that work he's fine with that. To do another restriction that it be with enclosed building. So
Moody
Well it's is this gonna be auto repair? Auto repair. So that's required to be an enclosed building under C two.
Liam Devine
C correct. It is a required to be enclosed.
Moody
But does enclosed building maybe we can ask the code enforcement officer here, does enclosed building mean that all the doors need to be shut? Because I know when I drive by Midas. They're changing mufflers and those overhead doors are open. When I drive by Tire Kingdom they're changing tires and those doors are open and I can hear the impact wrenches and All of that. So it it's technically in an enclosed building, but it doesn't mean it's a hundred percent Enclosed and a hundred percent soundproof either. So although
if
Connected City
it's facing away from residential areas it may not be as bad.
Moody
Very true.
Liam Devine
I if you don't mind, I do want to answer the question that you asked earlier if there's any active building permits. I do not see any. The last building permits that I've seen that were pulled was from 2021 for tree removal.
GreyChair
Okay.
Unidentified speakerVoice H
And I think we're waiting
for the case.
The answer to your question is no, the doors don't have to be closed. They have to be able to be closed.
Unidentified speakerVoice I
Okay.
Unidentified speakerVoice H
Okay. Um and just so that the board's aware, I'm gonna create a call and have one of the officers investigate this, this property for all the violations that's being brought up.
Unidentified speakerVoice G
Yeah. What what were the violations, please? I'm
Unidentified speakerVoice H
sorry? I I
Unidentified speakerVoice G
didn't I don't understand.
Unidentified speakerVoice H
I said I would cr I will create a call for the officer for that zone to investigate all the violations that have been brought up. That is being used as a storage lot.
GirardiVice Chair
Okay. We have to go out and
Unidentified speakerVoice G
recognize it. Thank you. I need clarification on that one. And one other thing I like to add. This photo here. Is there any documentation to go along with that? I don't know what's a photo of. Well, this came from
Unidentified speakerVoice H
residents. So as far as I can tell by looking over your shoulder earlier, we don't actually have any current complaints on this property. The last ones that were conducted by us were the tree removals. But with this information, I will create a call and I will have one of the two zones. officers for that area investigate it and determine whether or not there are violations going on.
GirardiVice Chair
Thank you. That's
Unidentified speakerVoice H
great.
GirardiVice Chair
So can I ask Shirley another question? Sure.
Um given Brad's earlier testimony that the code doesn't necessarily require a wall on the south side, would your client commit to building a wall along Waverly in lieu of what the code requires?
What
Yes, they're fine with that.
And they're also fine with the restriction that they don't access Waverley. They don't have any intention of using it, so
Connected City
What? Should we define the specifics of the wall of construction?
GirardiVice Chair
Well again it depends on what Shelley's client's willing to commit to, but typically You all define the height of the wall, whether it's six feet or eight feet. Um and I don't know.
Did we ever get into the thickness of the wall or I don't I don't know.
Gavin Covey
concrete block.
GirardiVice Chair
Did we just say concrete block and that's enough?
Unidentified speakerVoice E
Yeah, generally we can we can speak to the material of the wall and height of the wall, not necessarily the width or thickness because those are some engineering things depending on what it's making. So
GirardiVice Chair
you could say concrete block wall of eight feet, maybe. Eight I mean in your opinion do you think which which do you think z eight feet is better for noise reduction?
Unidentified speakerVoice E
There there are pros and cons to to both whenever you bring a wall in because it it creates a a a visual issue from the other side as well. So you if you have landscaping on the outside then you have to have a situation where people can get from the property to be able to maintain landscaping that's buffering big blank wall. If there's no issue with the big blank wall, uh then we change that a little bit. Uh and it It really just depends, you can say the materials, you can say the height. Uh s I believe there's is it Liam's thirty
feet from residential for any type of uh the building structure. So it's
Liam Devine
Sorry,
Unidentified speakerVoice E
you're
Liam Devine
you're talking about the setbacks for our C two?
Unidentified speakerVoice E
Yeah.
Christopher Poole
Yeah, so that's what I'm reading, yeah. Okay. So
Unidentified speakerVoice E
it's thirty feet
Liam Devine
from residential
Unidentified speakerVoice E
district. Right, so I think that the the angle if if you're talking about two story homes south of the property versus one story home south of the property, I I I don't know there's much difference between a six foot or eight foot wall. There's a cost difference for the applic uh for the uh developer, but
An eight foot wall can seem imposing to a neighborhood that has a lot of single story houses depending on what they're used to. But again it's kind of a Takes one half dozen the other.
Moody
I'm not personally sure. that a wall necessarily mitigates the sound. I'm thinking about I walk into a home under construction that's got concrete slab floor and concrete block walls and there's nothing but an echo in there but yet after I've got the carpeting and the drywall in and the ceilings then you walk in and there's no echo because you've got this material that absorbs sound. So I'm I'm not a hundred percent convinced. I I
don't know. I don't know enough about sound science to Kind of make that decision but I'm not A hundred percent convinced that if we did like a masonry wall that that's really going to it may actually amplify their sound problem. I don't know.
GirardiVice Chair
Well, I mean, sh on in terms of the building, I t to address your earlier point, I mean Shelley could commit in the deed restriction that that all that the doors would be closed at all times when maintenance activity is occurring. 'Cause the code officer said that they won't under our code Make them shut the doors. But Shelley could commit an indeed restriction
Moody
that the doors would be and then an indeed written restriction would be enforced by the neighbor would have to file suit in court to enforce the restriction. That's probably a little onerous on the
GirardiVice Chair
Actually we're in the process of retranging our code to say that our code enforcement can enforce a deed restriction too. So I mean something that our code officer could enforce with the Doors were not closed.
Connected City
No, it's someone that owns an auto shop. It's um to close the doors during the summertime is pretty pretty different.
I think facing away from residential areas is probably your best bet. There wouldn't be too much sound traveling through the building walls. If we face
Moody
the water, I tend to think if the bay doors were facing away. That's gonna funnel the noise that way than the other way, yes.
Connected City
As long as there's no maintenance activities outside the building. And
Unidentified speakerVoice E
that can all be put in a package together to try and do this via the deed restriction just to make it extra
Unidentified speakerVoice H
Could I comment on
that?
Yes sir, go ahead. The other problem with an auto repair shop, because I used to work on wooden one when I was a kid, is when you're working on a motor, a internal combustion engine, you really want those doors open to allow the fuel to out. Yeah, for sure. So, you know, telling them that they have to shut the doors and then causing another issue may be more of a problem than you originally thought. Yeah,
Connected City
I don't think we can do that. after Bruno Show.
Moody
So let me ask this question. How much?
Room. is required. They want to build a five thousand square foot building. Is there any kind of site plan that they've created?
Might My thinking here. I I'm looking at a couple of things. I'm looking at This truly does meet the definition of infill. development. There's no doubt about it. We've got this strip of C two on fifty four He's the only C one parcel. So I can see where this meets that infill definition, but I also hear the neighbors, and what I'm wondering is Can the building be located closer
to fifty four so that there's a yard? behind the building. And maybe they would be willing to deed restrict activity in the yard behind the building, or maybe you amend this application to make the C2 area only a certain depth back from 54, so that there's some transition to Help appease the concerns of the residents.
What I see with the other C two if you can put the map up is that there's this buffer of R three or R one M H properties that goes C two and then starts stepping down to the neighborhood where there's no step down here in the zoning.
Unidentified speakerVoice E
So we have the you know the activity needs to occur within the building already. Um if those doors are are an issue um and do need to remain open. Uh, you know, the activity's not gonna be occurring out in the yard. It's gonna be occurring in the building and the sound will be going across the yard. So um you know, to you could probably further restrict and de restrict activities with behind the building if you wanted to just to make sure that sort of things couldn't happen back there. But you know, that's
So we wouldn't want to get too complicated to see what we're talking about.
GirardiVice Chair
Would it be easier, assuming Shelley's client was willing to agree to it, that there just be a requirement in the D restriction that the site plan come back to the Planning Commission? kind of notice public hearing so that you all see exactly how this building is situated on the site, what the buffering is, and the residents have a chance to see it too, so you're you're looking at an actual site plan for these issues rather than trying to Think about all the possible
issues that you put in a deed restriction. Might just be easier to have the site point come back to you.
GreyChair
So do a continuance, you mean?
GirardiVice Chair
No, I'm suggesting that if Shelley's client's agreement with it that there just be a requirement in the deed restriction that the I guess is it PSP or PDP?
Unidentified speakerVoice E
PSP.
GirardiVice Chair
That the PSP would come back to the Planning Commission at a notice public hearing before it's approved. So that you have a chance to weigh in on these issues, such as building orientation, buffering, you know where the
Connected City
doors are oriented towards fifty four and there's a parking area 'cause shops need parking areas for parking.
Moody
Wants to use it for But he could turn around it when this is done and sell it tomorrow and it could be a completely different use and then we've got this deed restriction that burdens the next user, which may be less offensive
GirardiVice Chair
or more offensive. But I
mean
you could say you could say for any use, any non- any city use that is only a C2 use. In other words, if they come in with a C1 use, it doesn't come back to you, no site plan comes to you. But they are requesting gonna change from C one to C two. So I think you would have the right to asked to see a site plan for any use that's permitted only in Z two. I mean sounds it's up to the Planning Commission and see if the applicant would agree with it, but I I'm only throwing it out 'cause it avoids you trying
to come up with a bunch of requirements that to see and then see if Shelley's in agreement with all of them at the diets, which may be difficult.
Shelley, how do you feel about that
GreyChair
suggestion?
Christopher Poole
Not to confuse us anymore, David, but How do
GreyChair
the residents feel about this?
Christopher Poole
Looking looking at five twenty five point four under special exemptions or exception uses, the repair garage is a potential s special exemption under C one.
Moody
But then we if you came back as
Christopher Poole
assumed this is vehicle repair.
Moody
So then we'd have the right to condition it.
GirardiVice Chair
Then you would have the right to condition it. So I guess I'll ask Liam, is there a reason that came this came in as a C two as opposed to a special code?
Liam Devine
So under permitted uses um for C two, number eighteen, garage and maintenance services, all work shall be performed inside of a building. That's number eighteen. And I think
GirardiVice Chair
permitted use. The question is could they have done the same thing as a special exception in C one?
Unidentified speakerVoice E
A portion of the site is is not C two.
GirardiVice Chair
I get it. Okay. They had to rezone anyway because of the R three portion. All right, I understood.
Connected City
And that's consistent with the surrounding C two.
Moody
So could the application be amended? to rezone the R three portion to C one and then come back as a special exception where in the appropriate conditions could be applied?
It's better than to deny it.
Unidentified speakerVoice E
That's that's not anything on any new land, that's land that was involved in this originally, so that could be uh an alternative solution potentially to
GirardiVice Chair
Yeah, I mean you i if you want a recommendation, if you want I don't know how the applicant feels for that, but I'm sure they're
not gonna be able to do it.
But but you could in theory say if you don't want to approve a C rezoning to C two, but you would approve a zoning change from R three to C one for the R three portion. That that's a lesser zoning than what they requested, so I guess that's within your recommending authority.
GreyChair
Well, you know, just to throw my hat in the ring. I I I'm I'd very reluctant to approve this under the circumstances that have been presented here and mainly because this particular applicant evidently has mi Done a lot of things sort of under the
Unidentified speakerVoice D
radar.
GreyChair
And I don't want that residents to have to come back here every time there's a violation and report it and then wait for somebody to deal with it and you know, we don't need those kind of activities. So um it's a matter of trust, you know, with me. So the way that you just suggested, that would be the only way I would vote in favor of it.
GirardiVice Chair
So you you the recommendation would be changed the R three portion to C one And deny deny the C one to C two change. And that would have
Connected City
to have a separate hearing for the special exception request for
GirardiVice Chair
that would be a whole new application. Right. And so by changing the entire site to C one, you do leave you do make it that possibility available to them to come in for the special exception approval.
GreyChair
To me that makes a lot more sense for everybody, including the residents. And I think there is a case to be made for the for the residents here. You know, they Yeah, they're hard working people that have been there a long time, you know, th and they've had to deal with a lot of violations in the past. Everything there's a building going up and there's no permit. There's you know, it's been uh Hey Liam everything that you has been done there is basically not been approved in the C in the C one
zone. Can I ask Liam
GirardiVice Chair
one question? Yeah. Liam Why was the in the prior rezoning that went to C one, why was the R three piece excluded?
Liam Devine
So that was not in the minutes from the meetings from when it was approved back in I think eighty one. That was left out. That was a a change that was made with staff and the applicant and it was not part of the record. Um so I'm not sure why, but the applicant agreed to it and it was discussed at the hearing, but it wasn't said why they agreed to it and that wasn't a part of it. So so I don't have an answer for
GirardiVice Chair
it. Was there a house on it or something at the time?
GreyChair
I I I bet that's what it was. It was probably somebody that lived there and they owned the property around it.
Liam Devine
So and I I do wanna clarify something also. You're saying auto repairs and maintenance. Maintenance and auto repairs are definitely are are different. So auto repairs would be like an oil change, a tire change, something like that. A maintenance could include welding. So that type of use for an auto maintenance facility and an auto repair is are are different.
Connected City
So we're not sure I understand the difference. A Jiffy lube versus a like a mechanic shop where you're pulling an engine out.
Moody
Co correct. So are you saying Jiffy Lube is maintenance?
Connected City
Auto
Moody
auto repair. That's a repair. So that's well I don't know, an oil change, that's not repair. That's made
Connected City
on auto repair, but that's the same thing.
Moody
Welding we get into that, then that could be fabrication and that could get into C three and I one. So Liam, the special exception used in C one.
GirardiVice Chair
What is that?
Liam Devine
So that would be an automotive um service. So that could include sales of sparks plugs, batteries, um tire services, repairs, replacement of hoses, belts, brake fluid, light bulbs, fuses, floor mats. Um
GirardiVice Chair
So that's different than what's allowed in C2?
Liam Devine
Yes, because that wouldn't include any um Painting, welding, storage, um operating conditions of the vehicle. That would be a C2 for maintenance.
Connected City
More
GirardiVice Chair
more in depth requirements. Is the theory that the C T use is more in depth and noisier basically? Is that cor
Unidentified speakerVoice A
correct.
GirardiVice Chair
So then for what they want to do They would need C two?
Unidentified speakerVoice A
Correct.
GirardiVice Chair
I'm just suggesting you all the time.
What
just gonna suggest that 'cause we weren't aware of any of these issues before we came here today, so um if we could go ahead and just move to continue this and I can s sit we can meet with the residents and get the get the client here and and really address, you know, whatever needs to be addressed. I feel like um we're a little flat footed on it right now, so
Connected City
D data uncertain or particular day intended?
What
Um yeah, whenever the next Planning Commission meeting is I don't have the calendar.
Yeah, that'd be fine.
Christopher Poole
But but Shelly asks to kind of to this whole discussion that's going on right now, what is the intended use of the I mean are they gonna do more heavy auto repair and Yeah.
What
Yeah, so the way he's described it to us is maintenance, but again, I think that's something we need to talk to the client about and get all clarification of those facts from it.
Moody
Clearly running the towing service here.
What
Yeah, and find out what's going on.
With residents, 'cause again I wasn't aware of any of this until just now. So
Unidentified speakerVoice G
could you uh I recall not too many months back we had a conversation, a lengthy one, regarding towing and the towing on services. If you could get some clarification on that too, I have that done as one of the questions that I would like to see answered is towing. I recall that that re Statement was made and that there was a limit, a time limit that they couldn't do it after a certain time because of residents and their peace and quiet. So clarification of that might help
to
What
Yeah, I definitely will find out all that information. That's a conditional.
Unidentified speakerVoice C
Okay. Do I hear a motion? Motion to continue to second.
Liam Devine
December seventh, one thirty indeed city.
Unidentified speakerVoice C
To December seventh, at one thirty indeed. I'll
Christopher Poole
take it.
GreyChair
Okay, we have a motion and second further discussion. All in favor, say aye. Aye. Aye, motive, opposed, like sign. Okay.
Unidentified speakerVoice C
And hopefully in the meantime we can also get an update from the compliance from our compliance inspection too.
GreyChair
Right.
Unidentified speakerVoice B
Code compliance. Excellent. Great. Thank you very much. Thank
you. Thank you, Dad. I appreciate it.
2Nov 14, 2023
Board of County CommissionersP97Public hearingContinued
Zoning Amendment (Continuance) – … Southeast Pasco County – ~~Southeast~~ Southwest Corner of State Road … Containing Approximately 0.86 Acre
Approved minutes
Approved to continue the item to the January 9, 2024 Board of County Commissioners meeting at 1:30 p.m. in Dade City with Commissioner Bradford absent from the vote.
Open this item →No recording
3Dec 7, 2023
Planning CommissionPC4Consent agendaNo disposition in the minutes
Open this item →
1m
Denise
PC four is PDD 247744. In the name of Dawood Hani and Nematod Narmeen, the applicant has requested a continuance to the January 4, 2024 Planning Commission meeting at 1:30 in Dade City.
Unidentified speakerVoice C
Okay, is the applicant present? Anybody else here to speak on this item?
Chris Williams
Move to continue PC four to January fourth, twenty twenty four.
Unidentified speakerVoice C
Second. Motion is second. All in favor? Aye. Opposed? Motion carries?
4Jan 4, 2024
Planning CommissionPC2Consent agendaNo disposition in the minutes
Open this item →
4m
Denise
Ready, Mr. Chair? Happy New Year. Um Denise Hernandez, Planning and Development. I do want to say that for the record, we did have someone signed up to speak on WebEx, but that person is not online. But I just wanted to the record to reflect that because I know that some of the documents I've sent out ex do state that someone was signed up to speak. Um the first item we're gonna start with is PC2, which is PDD 24774. It's a zoning amendment in the name of Dawood Hani and Mima Todd Nermeen. The request is
to continue the item. It's a staff request to the February 8th, 2024 Planning Commission meeting at 130 in Date City.
GreyChair
Do what what date was that again? I'm sorry.
Denise
February eighth, twenty twenty four, one thirty Date City.
GreyChair
All right. Is the applicant present? Anyone here to object? See no one? Do they have any more continuances?
Denise
Yes, we have several. Okay. Following item is PC three, PDD twenty-four, seven seven one one. It's a zoning amendment. Next Metro IDS Corbett MPUD. The request is to continue the item to a date uncertain.
GreyChair
Okay.
Yeah, present.
Denise
the applicant is virtually present.
GreyChair
All right. The applicant would like to make a comment?
Denise
The applicant is Ms. Will Hyde, I'm not sure if you want to. I think you've asked if the applicant wants to make a comment.
GreyChair
Is there anyone here to object?
Oh go ahead.
Denise
Following item is PC four, PDD 247737. It's a zoning amendment Orange State M PUD Master Plan Unit Development. The request is to continue the item to the January 18th, 24 Planning Commission meeting at 130 in Newport Ritchie.
GreyChair
All right.
One here to object?
Okay. See no one?
Denise
Following is PC five, PDD 247639. It's a zoning amendment in the name of Timber Ridge, MPUD Mass Planning Unit Development, Timber Ridge Realty, Dade City LLC. The request is to continue the item to the February 8th, 24 Planning Commission meeting at 130 in Dade City.
GreyChair
All right, is that after the present? Anyone did object?
Okay.
Denise
Following item is PD twenty four zero zero six zero. On this item you will be sitting as the local planning agency. It's C PAS twenty two thirty-three next Metro Corvette IDS property. The request is to continue the item to a date uncertain.
And that is the end of your continuance requests.
GreyChair
Okay. Is the applicant present? Anyone here to object? Okay.
Do I have a motion?
Moody
Mr. Chairman Mariano to continue to uh PC two to two eight twenty four Dade City PC three date uncertain PC four one eighteen Newport Ritchie PC five uh two eight date city and PC six date uncertain. Second two seconds
GreyChair
Okay, we have a motion and a second. Any further discussion? All in favor, signify by saying aye. Aye. Opposed, like, signed.
5Jan 9, 2024
Board of County CommissionersP64Public hearingContinued
Approved minutes
Approved to continue the item to the March 12, 2024 Board of County Commissioners meeting at 1:30 p.m. in Dade City with Commissioner Bradford absent from the vote.
Open this item →
1m
Starkey
yes. Tampa Bay Times, uh advertising Tampa Bay Times, September 20th, 2023. It was continued from the November 14th, 2023 meeting to today.
Denise
P64 is PDD 247744 zoning amendment, Dewad Hani and Nematod Normeen. This item is the request is to continue the item to the March 12th for the County Commissioner's meeting at 1:30 in Dade City. I know the request is for February 6th, however, the Planning Commission continued it on to a date where we would not be able to turn the item.
Mariano
Move to continue time certain. Second.
OakleyChair
Got a motion second. All those in favor say aye. Aye. Aye. Aye. All opposed, like sign. There are none. Motion passed 4-0. Move on to P sixty five.
6Feb 8, 2024
Planning CommissionP12Consent agendaNo disposition in the minutes
Zoning Amendment ~~(Continuance)~~ (Regular) – Dawod Hany and … Containing Approximately 0.86 Acre
Open this item →No recording