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
What the county recorded
Staff recommendation
Approve
No disposition in the minutes
The approved minutes do not say what became of this item. That is a gap in the record, not a decision. It is the normal state for 24% of items. Most of those are regular business and board reports that the minutes do not dispose of in writing. This archive never infers an outcome from the fact that someone called a vote.
The source document
The county’s agenda for Planning Commission, May 5, 2022
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Planning Commission, May 5, 2022
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDD-22-7616 in full →PDD-22-7616 was taken up 2 times between May 5, 2022 and Jun 7, 2022 — this is appearance 1.
- May 5, 2022PlanningPC4▶No disposition in the minutesthis item
- Jun 7, 2022BoardP88▶Approved
What was said
Machine transcription of 49m of recording, with speaker names inferred from voice matching. 96% of 363 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
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.
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.
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.
Okay.
So is there anyone here to speak on this one? Is the applicant present?
So that's me.
Okay. Uh you don't have to speak. It's fine. It's on consent. Uh okay.
And I have no one on WebEx on the matter.
Okay.
So we'll go to five?
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.
Alright. Is anyone here to speak on this one? Are you the applicant? Okay. Is the applicant present?
The applicant is virtually present.
Okay, the apple very okay. So uh we'll pull that one from consent.
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.
Okay. And this is on consent? Is it anybody on my bets?
The applicant is on WebEx but I have no one in opposition on WebEx.
Is there anybody in the audience in opposition? Cena One. All right. So that remains on consent?
I just have a question on that one, Mr. Chairman.
Sure. Okay.
Okay,
so that that ru that keeps uh PC five on the consent.
All right, so I hear a motion to approve the consent agenda as modified.
Motion to approve the consent agenda as modified keeping PC five.
Okay, we have a motion and a second. Any further discussion on the motion? All in favor signify by saying aye. Aye
aye.
Opposed, like, sign? Motion carries.
I'm sorry.
Do you ever swear any of the speeches?
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.
Mm-hmm.
Okay.
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.
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
you need to let the applicant make the presentation
first. So I was just asking. Is the applicant on WebEx?
Yeah, I'm looking at this right on this.
Okay. I need to let the applicant speak first.
We can't hear you, so I hope you can hear us.
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.
Oh.
Okay. So if you just want to sit there in the front row, Shelley, wanna come up?
Uh I don't know.
They're trying to confuse me today. It's not taking
a lot, so do you want to represent this
one, Shaw?
Okay, so is the applicant is not present.
The applicant is virtually press pr present. It's Todd Pressman who's for this one.
Okay. Does he want to speak?
Todd, are you with us?
Can you hear me?
I can see you.
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.
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.
Uh I'm not sure.
That's sort of what my wife always says.
Beg your pardon.
That's what my wife tells me. She can't hear me very well.
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
did you did you give your name and address? Yeah, we j we d for the record we need your name and your address.
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.
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?
I haven't met. Just give us just a second.
Okay. If you could just point it out, Denise, that would be very helpful.
So here's
So Sabora Drive is is right in between. So right-yeah, Patty's putting her first one.
And
it's Is that a daycare there or what did I see that was next door? Yes, it's a daycare.
I have a bigger Mac.
Where's the subject property? Right on the corner there?
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.
Oh okay. How big are those?
So altogether it's um Three point eight six acres.
Okay.
And ma'am, your property's located directly to the south? That spot right there.
Directly to the east, right? No, no, like the or south? Okay. Yeah.
I think that's the neighbor's channel.
Want me to get you mad?
That's dance.
Yeah, that's yeah.
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,
if you could zoom in there, that'd be helpful.
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?
That's that hanging paved road right there. That's
straight that one of those perpendicular. Okay.
Okay.
And so the
So the Sembora goes to you right to your home? Yes sir. I gotcha.
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.
You need to speak in the microphone, I'm sorry. microphone.
My name is Cheryl Gantt and I live at [address removed].
Uh-huh.
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
I ask you a question though? Are you saying that The applicant does not have the right to use that road?
Right. That is our private road. My mom pays writes the tax for it each year. We try to
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.
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
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
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
question another way. Is there a home on that parcel now?
Yes.
Does that homeowner have the right to use that road, Symbora Drive? Yeah. So why are you saying the Dunkin' Donuts would not?
Because one person coming onto that property is different than having a business with multiple vehicles.
Is there something in their easement that limits it to ingress and egress for only that homeowner?
We know we knew the homeowner. My grandparents sold the property that homeowner.
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?
Not to just that homeowner, no.
Or did it limit it to being residential?
I don't know what the street is is you know zoned as.
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.
I don't know. Do you
have a copy of the tone? Do you have a copy of the easement? Do you have a copy of whatever
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.
If they're not going to use Zimbabwe Drive, then this is irrelevant.
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.
Finish your comments and then I'll ask the applicant. I quote this question. Go ahead. Finish whatever comments you have, I'm sorry.
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
Okay. Is the applic are you done with your comments or I'm sorry? Pardon me? Did you have any more comments?
No, I guess that's a I just have a question. Does it does the daycare use that road?
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
yeah, I just
want to
know if they're currently
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.
All right.
So is there anybody else speaking 'cause I want to ask the applicant a question?
Anybody else to speak? Okay, hearing none. We go back to the applicant.
You're still with us? Mr. 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.
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?
Mr. Lilith, what's your email address, sir?
It's D Goldstein at Pasco County FL dot net.
Repeat the first part, please.
D G O L D S T E I N
It's Uh
Pasco County F L dot N
And then I'll try and pull it up.
Let's see why M B O Right.
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
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
Cheryl Gantt.
Okay.
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.
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
their dogs.
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
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.
Right, they would have never sold to Dunkin'
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
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.
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.
But
why aren't the people
Because you own the property?
Now, you you might have an argument that they should be contributing to the maintenance of the road.
Yeah, they don't maintain it because they s it
it's
not cut down by
the
county. They nothing it's
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.
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
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?
Well that let's cut the graph here at the moment.
I'm sure there's something that can be discussed in the future.
How much is it? How much more is Dunkin' Donuts planning to use?
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.
Well is it safe to assume that Dunkin' Donuts will at least maintain the portion they're using?
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.
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.
When would this go to the BCC?
Liam, when is the schedule to go before the board?
It's scheduled to go to the BCC on um six seven, June seventh.
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.
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.
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,
we have Stacey Burgesses on who can answer that question. Okay.
Stacy, you with us?
Stay sing, stay singing.
Hello, how are you?
Okay. Can
you hear can
you hear the question?
Yes. Yes. Yes.
Are you you're familiar with the question?
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?
So does it meet? County substitute road requirements.
Yes, mi the our minimum standards, yes.
Okay, well then it doesn't sound like they would need to make improvements to it. So they're gonna be required to
maintain it.
Well
is that is
that a
county issue?
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?
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
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.
Yeah, because it's not a county road.
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
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.
No.
By the way, this is why people hire lawyers to do transactions like this.
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.
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.
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
it's all family leaders.
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
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
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
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.
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.
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.
It's the road, right. So it just
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
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.
But apparently the part they're using for access, staff is telling me that it meets our standards.
That part is wider. Right. So from the
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.
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.
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
I say, Duncan Donuts always has a line. You know, they're open very early to very late. So
So l we probably need to let the applicant address that concern. See what the response is.
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.
Right.
It's twenty two feet all the way down.
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,
more like a driveway, yeah.
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.
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.
Very
good. Thank you. Thank you very much.
Oh any other any other comments before we start? Okay. Well
we'll go ahead and let the president talk. I I've got some comments, yeah.
All right. The applicant uh b uh back on please.
Yeah, yes
sir, I'm here. Okay.
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.
All right. Can I ask a question?
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.
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.
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?
Yes, that would be for just along the rear property line.
Did you want to add something, Mr. Tippin?
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.
So is the is the type A buffer is that inc include Foliage of some kind.
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.
Okay.
Uh but it should be both. We we tend to do both when we do something like this.
So okay, did uh all right, did did you understand that?
Yes,
they're gonna put
a
fancy along the back.
Six foot fence and a and a vegetative buffer.
So Mr. Pressman, just so we're clear we're talking about an opaque fence.
Yes, sir.
Is that probably PVC? Is that what you're proposing?
Uh PVC or a nice wood fence of some opaque nature, sure.
Staff recommends something on that.
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.
So we would not allow it to be
correct.
Is that clear, Mr. President?
Okay.
All right.
Uh so are you going with the type A or B buffering? 'Cause
Type A plus the
Okay, because B kept popping up all the time. Okay. Uh
Okay. Um So everybody knows what we're talking about now, right? Okay.
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.
Okay.
So staff, can you give these ladies some the contact information for the applicant, please?
What the reason if you would get that photograph. I'll put a call into a please if I may have request.
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.
Actually Mr. Preston is not an attorney.
I'm not the turn for the record. Okay, thank you. I thought you were. Uh
But regardless, he didn't represent them in nineteen seventy nine when they were not when they acquired the properties.
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
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.
Yeah. I would encourage it.
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.
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.
Actually I think they did do a traffic study. They did. They did they
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.
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?
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.
Did y are d are you aware of any capacity issues on February Lane or Cambora Drive.
We did not ask for that, but I'm not aware of any on those lanes. Because they're local.
Okay.
Thank you.
Anybody?
All right. And I'd like to hear a motion, please.
I'll make the motion to approve. With the condition of the buffering.
Okay. So we have a motion.
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.
Is what I said.
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.
So we have a we have a motion. Do we have a second?
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.
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.