Zoning Amendment (Regular) – 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
DispositionApproved
Approved Staff’s recommendation.
The source document
The county’s agenda for Board of County Commissioners, Jun 7, 2022
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Jun 7, 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 2.
- May 5, 2022PlanningPC4▶No disposition in the minutes
- Jun 7, 2022BoardP88▶Approvedthis item
What was said
Machine transcription of 22m of recording, with speaker names inferred from voice matching. 80% of 122 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
eight. P eighty-eight. Uh we have proof of publication in the April 20th, 2022 edition of the Tampa Bay Times.
Good afternoon, Liam Divine, Planning and Development. Um item P eighty eight. Before we begin, I would like to request um to receive and file a declaration of easement. It should have been an attachment that was not included in your original packet. I have placed a copy on each of your desks and I have submitted it already to the clerk's office.
Motion to receive and file. Second. All in favor? Aye.
Item P88, PDD 22-7616, in the name of Bushnell D D L L C. It is a zoning amendment from AR Agricultural Residential District to AC2 General Commercial District. The subject site is located on the south side of County Line Road, approximately a thousand feet west of Suncoast Parkway Extension. And this is a look at the aerial view. The surrounding future lanyas to the north, east, south and west is all res one. The surrounding zoning to the north,
south and west is AR and to the east is C two. The subject site consists of a mobile slash manufactured home and accessory structures on approximately 3.86 acres. The applicant proposes to develop the property with a Dunkin' Donuts and other commercial uses in conformance with the C2 General Commercial District standards for development. Access to the property is from February Lane, a county-maintained local road with approximately 70 feet of right-of-way, and Cimbora Drive, a privately maintained ingress-egress
easement with approximately 20 feet of paved asphalt. The subject site currently has a feature land use classification of com commercial. The applicant has voluntarily agreed to record a deed restriction with a minimum of type A buffer and a six feet in height opaque fence. or wall along the south of the subject site. And then they have also agreed to maintain the easement for Cimbora drive to county standards. And
this is coming with a recommendation for approval from Planning Commission and Planning Development Department. I'm here if you have any questions.
Um I don't have any questions. Anyone? All right.
Does the applicant want to make a presentation?
Ma'am Chair, Commissioner, Todd Pressman, 2002nd Avenue South, number 400 in St. Petersburg, Florida. Appreciate your time this afternoon. This is a request which at first you've approved a future land use amendment some time ago to commercial, which was approved, which is why the rezoning is coming forward. Your staff is recommending approval in your planning and zoning. Board recommended unanimous approval. We are seeking AR to C2 for 3.86 acres. C2
is a budding. The property on the east and to the north across County Line is a commercial future land use category. The site is just a stone's throw from the Veterans Expressway. Um county commissioners as indicated in the report have approved similar zonings in the immediate area. Now I have spoken on the phone with two of the nicest ladies I've run into with these kind of issues. Um they are the owners of Bunny to the South. So directly
because of their concerns raised at the Planning and Zoning Board, we agreed to a condition to maintain Cymbora. for the area that this property is fronting and we've also agreed to as Liam indicated a type A buffer with a fence, which not speaking for them at the time and as a subsequent conversation, they appeared very comfortable with that. So with that, I'll be happy to answer any questions or answer any questions from the nice ladies that are here.
Um I I do have a question just from our com conversation this morning. Are are there utilities here?
Yes.
That's my own.
So you have water and sewer?
Um that's my understanding. Uh I think I'll go I'll take a quick look back at the uh at the uh report, but I believe that is correct.
Okay. Um is there anyone here from the public who wishes to speak on this item?
We have two. Uh Cheryl Gantt.
Okay, um name and address for the record please. And whether and whether you've been sworn in. Pardon me? Have you been sworn in?
Yes. Okay. My name is Cheryl Gantt. I live at [address removed]. I have actually brought some documents and some pictures for y'all to look at. Move to
say we vote.
Second. All in favor? Aye. Aye.
I've rehearsed this, so I hope we get it three minutes here. I'm here with my mom, same address, Carol Symbora again. We're here because our road Symbora Drive aligns next to the property that Bushnell recently purchased. I've provided documents, pictures, deeds, and surveys. On May 5th, my mom and I went to the Planning Commission meeting. We were naive with those proceedings. We stated we didn't mind the zoning change. We just wanted a buffer from the commercial property and for Birchnell not to use our driveway. We stated that Sambora Drive is a privately owned road and
that the We were told by the Board that the easement rights were given to the adjoining property owners when they brought the property. and that Bushnell could use it for public use. The board stated it was a civil matter and to try to work it out ourselves regarding the maintenance of the road. In May of sixty two my great grandmother obtained ten acres of land on County Line Road. My grandparents, the Sambores, bought the land. Four generations of my family have lived on this property. In 79 my grandparents divided the ten acres into
four two and a half acre plots, one for them and one the other three plots for their three daughters. and they made a declaration of easement. A planning board member said that my grandparents should have used a lawyer and that the easement didn't state no commercial use. It was to be used by all four plots. After the meeting, we located the easement document. J. John H. Bonner of Bonner and Hogan PA did prepare the document. An attorney was used. No commercial use was probably admitted because
it was all zoned for residential agriculture. We sought legal advice. I was informed that the court of law looks at the intent of the declaration. To me the intent is obvious because it was all zoned residential agriculture, meaning our family, and this is proven evident on the survey. My grandmother handwrote the family names on the four plots. During the planning meeting a woman from the Road Department said that it was a viable road to use. Only one half of the road is wide enough for two way traffic. The rest is a
single lane. There are no dividing lane lines, no dead end signs, and it's thinly graveled. Even garbage trucks tear it up. There's go for turtles that need to be relocated from the property as per SB four ninety four. And they have over Bushnell has over a hundred and fifty five foot of frontage on February Lane, just from the one parcel. But there is a paved entrance over a cement drain that already exists. There's no need to pass by that. entrance and use some more drive. I
spoke to Liam Devine last week and he informed me that Bushnell was to maintain the road per the county meet per the standards county standards. Liam said there was supposed to be space for eight vehicles at the order board for Duncan. Will that line back up in their parking lot or on Sambora Drive? Will I be blocked from my home? Liam said that my taxes shouldn't go up because of the zoning. The road is residential and the adjoining property is commercial. I said that's the problem. The county is using our residential road for commercial
purposes. We were informed we don't have the choice. If this is the case, it should be eminent domain. The county should buy and maintain the road so it can be used as they want. This would benefit all property owners. I believe I proved the intent of the declaration. If you decide against us and let Duncan use our road, please make sure that the entire length of the road is paved and maintained by Bushnell per the recommendations.
Thank you. Thank you. So, um is there anyone else who wishes to speak on this?
Uh Carol Gantt is already is also assigned.
Is that the mom?
Yes.
Did you want to speak? Okay.
I don't walk to the road.
Good afternoon. My name is Carol Cimbora Gantt. Uh I live at [address removed]. And I have lived there for forty years, forty straight years. If the county is telling me that I have no rights to use my private own privately owned driveway as I want. Then the county should buy it. I would love for them to buy it.
The county should make it uh uh public road. since you are making me use it as a public road.
No matter who paves and maintains the road, please make sure the entire
is paved. uh, it sorta narrows down 'cause they figured Mom and Dad figured at the time we didn't need a big car. Anyway. What do you just put into the paperwork?
that the road shall be paved and maintained by the recommendations of the Planning Board and by the County standards. Uh I just say This is very woodsy and we love the area and we've been, like I said, in Pasco County for 40 years and before that and many years in Hernandez County. Uh I would love for the county to buy it because I'm in my eighties And
I'm not gonna be able to be paying taxes on that road. for many more years. So um Please do us a favor and do the company A favor. Make it a nice road. in ownership so I can walk down to Dunkin' Donuts. Especially on Sundays. Thank you for listening to me because I haven't done that shit and uh Nature
of these talks since I was the Chairleader. And now I'm not a very good cheerleader. So thank you very much. And please please help us in this case. Thank you.
Um question for you. There's a preschool on that. Is there a preschool on Symbora? Yes. Okay I can't hear
very well
any um who owns the property next to the Sun Coast? Looks like it's a
junk yard. It's actually Lebrano, he owns I think it's almost twenty acres. Who is also owns the home uh that my parents lived in next to us? Is that a junkyard? No, there's no junkyard. No, there's some equipment there 'cause he owned a um uh one of those companies that fill in sinkholes. So there's there's a sinkhole repair equipment there, but no that all that property is for sale. As a matter of fact, we're getting offers all the time for somebody um they
want to come in and buy all our property. Yeah, they do. And I wish that everyone would agree because w you know we could retire very nicely. Yeah. Um but yeah, and see the the road itself is 0.24 acres. I mean it's a quarter of an acre and when when the regular house is on less than a fifth of an acre of land, we're talking about a a good chunk of land here. And it would just be so much easier if the county, you know, we did the eminent domain and the county just borrowed it.
Yeah, well Yeah that's not something that we do but I I'm sure we have some questions for the applicant and the staff.
There's no one else signed up.
Okay. Um so can you say again what's going on with the road and who owns the road?
So why don't you finish your public hearing and then we'll
does anyone else here wish to speak on this? Anyone online?
No. Yeah,
you see that already. Okay.
Um yeah, let can you explain the road again because maybe I miss something.
Yes, I can explain the road again. So Cimbora Drive is an access ingress-egress easement. Um it's about 20 foot in width, so that is what the declaration of easement is. That declaration does not limit to commercial properties or residential, it is a simple ingress-egress eas ingress. egress easement for the subject's site. So that's what's going on. And I will state that that The applicant or a successor owner shall maintain Symbora Drive to standards
in the section 901.4 of the land development code for all portions of Cymbora Drive abutting the subject property. So that's what they're agreeing to into the deed restriction. So they're saying that it will be paved and up to county standards, but that is an ingress-egress easement. So they don't own that property underneath. They're just allowed to use the subject's The property owner.
Okay, who o who owns the easement? Whose easement is it?
I I I believe it's their easement. Uh let me rephrase that. It's their property, but the sub the applicant owner the applicant has an easement to use the property for ingress-egress.
And and we'll maintain it.
that will be within the deed restriction. So they have voluntarily agreed to a deed restriction that them or any successor owner shall maintain Sembora Drive to the standards in 901.4 of the Land Development Code.
Okay, and who owns is February Lane a county maintained road?
February Lane is a county maintained lane. Maintain, right?
This is whose district? I'm at you know, I'm asking questions here. So good.
Um
And Chairman Mariano. So Liam, the declaration of easement that you passed out, somebody at somebody from your staff or survey has reviewed it.
Not from survey. Staff has reviewed it.
Okay. parcels that are listed on exhibit B are the description of this of the applicant's property?
Yes, but I'm not an expert surveyor, so That's
what I'll
say.
Hmm
for the parcel.
Sure. So what I'm trying to find out is does this easement, is this easement?
To the applicant's property. So Somebody should have looked at if you're passing this out for the purposes that this easement grants the applicant the ability to use it. Somebody on our staff should have checked it to make sure the legals Coincide with this piece of property. That's all I'm asking. Has that review been done?
I do have a copy.
second paragraph.
Yet the second paragraph describes the easement.
Ten feet on each side of the parsa.
Accepting the east and accepting the west.
Verified that it does, um the applicant's parcel is the one that's denoted as parcel one.
Okay. And the the legal that that is the easement is Symbordra.
That's correct.
Okay. So they so parcel one has the legal right to traverse this road. It is not I agree with with Liam's statement.
For purely residential purposes. When they were sold off, they were entitled to have the easement just like
Well there's a business owner.
So At least that's what it says here on Google.
Yeah,
and that business is the is parcel too.
Yeah, but it uses Symbora. That's correct. Yeah.
Yeah.
Well Jack uh got a couple
questions or two.
Okay.
Um thank you, Madam Chairman Mari Right now Sambur that runs north-south, correct? So if in fact we bring utilities alongside on Condyline Road Do they have to connect?
My anticipation they wouldn't be have to if they're on County Line Road
Mike Carbala. So typically if a gravity sewer is provided there is a forceful connection that has to take place under state law, but if there's force mains or water then based on current policy it's not obligatory.
Alright, so and if we're gonna try to make this whole area grow with water and sewer we're gonna need to make a connection happen. So because you have a frontage road down below, you're separating it from County Line Road. Uh is this something we can do and I guess it's quite a question for Denise, if not for you, that can we put a condition into if the sewer lines provided on Con Line Row that they have to connect?
It's a Euclidean zoning, so you can't condition it. That's why that's why he's tendered the the covenants and restrictions. Mm-hmm. But
um would be if there's sewer available, it would be odd that that the health department would give a commercial.
Certain yes, certainly our experience with the health department is is if it's there and available when the time came to renew or to do whatever let's just say well and septic are involved and there is facilities available, there is still a process that they would go through. So I mean theoretically at that time it it could be forced. I mean I would I would think
No, it
from
what you can see or if you can see from what's well I guess you don't see the map now, but with that line in there, would it would it be a normal thing to have a connection like that stubbed out to A symbol
or drive to make the connection. If a line were to be put in to have a stub out or a connection point, certainly. That's that's not anything difficult.
Right. So if we just so if we did have the line going across, all we'd have to do is just draw a stub out line and then we'd they'd have to connect.
That could be designed into the process, of course.
Okay. Um did we do we find out if do they have sewer or not?
So my records from from the team show that it's kind of in that area what we discussed this morning where there really are no no Pasco County utilities located right there. Oh
there are none. So can I ask the applicant backup?
Yeah.
So Mr. Pressman, do you think that the owners would agree to hook up if we did bring utilities in place for for sewer?
I'm I'm sure they would. Yeah.
Mm.
D be careful what you ask for because you don't know the cost yet. So I mean it would be part of a team of people bringing it up, right? That's what we're talking that's what we were talking about this morning. Since there's no utilities there, it's a hindrance to development.
Uh as I looked at my notes, the last discussion I had with the uh applicant was they had talked with Hernando County. Yeah. Um but then I understand that is somewhat as I'm learning this this afternoon that is or from this morning is that's a little in flux from what I'm being told.
Right. So f the way I look at it is if we're gonna be in uh and just thinking this as we've gone through the day now looking at this whole thing is I think w our best move as a county is to actually look at all the businesses up and down the line that say they connect and or like they'd like to connect or do even contribute to doing so that it may make the whole thing feasible all the way through. Uh but it's gonna be be a little bit of a process. But yeah with that interlocal gone now They're not gonna let you hook up or you'd be cut out in after two years anyway. In two in two years time the Hernando Agreement's
gonna go away. So they're not gonna I don't think let you hook up anyway at this point. So for you for long term, if we looked at it, it'd be good if we could reach out and make make contact to say, look, we'd like to ho hook up when you can make it available. Okay. Thank you.
Okay. So with that take a motion.
Movement.
Second. All in favor? Aye. Aye.