Zoning Amendment (Regular) – Russell K and Leann Finlay – Change in Zoning from an A-C Agricultural District to a C-2 General Commercial District – Northeast Pasco County – East Side of US Highway 301, Approximately 200 Feet North of Marka Drive – Containing Approximately 3.49 Acres

1:37:53All right. So I got a motion and a second. All those in favor of consent on them say aye. Aye. Aye. I'll pass 5-0. Move on to D58 is the first regular item.

1:38:11Item P fifty eight was published in the Tampa Bay Times on March twentieth, twenty twenty four, and by affidavit of certified mailings and site postings.

1:38:21Good afternoon, Leam Devine, Planning and Economic Growth Department. This is item P fifty eight. Um

1:38:32PEG twenty-four-seven seven eight zero in the name of um Russell Kay and Leanne Finlay. This is a Euclidean zoning amendment from AC Agricultural District to C2 General Commercial District with a future land use classification of common commercial under the comprehensive plan. The applicant proposes to develop the property with a small commercial center with approximately 21,000 square feet in conformance with the C2 General Commercial District standards for development. And the subject site is located on

1:39:02the east side of US Highway 301, approximately 200 feet north of Marquet Drive. The location of the subject is in the North Market Area Area 3 and Rural Characteristic Area and is outside the urban concentration areas.

1:39:20Here's uh context map.

1:39:25Here is an aerial view. And here's the zoomed in aerial view.

1:39:33The surrounding future land use is RES 6 under the Comprehensive Plan on north, east, south and west. The surrounding zoning to the north and east is AC, to the south is RMH and R2, and to the west is AC and C2. The subject site is undeveloped on approximately 3.49 acres. On April 10th, 2024, the BCC approved a comprehensive plan amendment changing the future land use from Res 6 to Com Commercial.

1:40:05Access to the property is from US Highway 301, and that applicant has volunteered to record a deed restrictions. Deep restriction. I'm gonna review the deed restrictions and I'm gonna summarize them, but they are on your screens. The following uses shall be prohibited, standalone car washes, pre-owned vehicle sales and leasing, auto repair garages, lumber yards, standalone on lawn mower sales and repairs, funeral homes, propane

1:40:35sales, sub-to-tank sales, and self-storage facilities.

1:40:40Restriction number B is at the time of site claim review slash approval, the owner slash applicant shall locate the parking lots along the rear and side with buildings close to the right-of-way to promote pedestrian access, reduce visible clutter, and increase store recognition. Um condition sorry, not condition. Restriction number C is a restriction for dark skies since it is in the northeast um northeast rural area. And

1:41:11then

1:41:18Looks like my slides have been removed. So I will go over them and read them one more time. So restriction number D is if Pasco County has an approved Gregor Lucucci plan, at the time of site plan submittal, the applicant shall comply with those, all relevant design criteria. And then the last restriction or restriction E is your standard Lib Local deed restriction. So there is five restrictions altogether.

1:41:45Yes, go ahead.

1:41:48So on April Fourth, twenty twenty four, Planning Commission disagreed with PEG staff and recommended on the subject application remove the deed restrictions A through D, which is in finding fact number two in your agenda packet. Um Planning Commission did recommend not to remove the LIB Local Deed restriction, so that is still in there. Um this is coming with two different recommendations for approval, one from PEG staff. Um Recommending approval with the deed restrictions as I discussed

1:42:18A through E in finding fact number two. And Planning Commission's recommendation is coming with you with only the recommendation for the deed restriction for LIP Local.

1:42:29To not deed restrict it from Live Local.

1:42:32Live

1:42:33local is not restricted from this property.

1:42:35No, that's so currently right now no, but if the rezoning is approved, there will be a deed restriction for Live Local, either going with PEG's deed restrictions, which is A through E, and you're finding back number two, or um we would come back with a new resolution and deed restriction just listing Live Local deed restriction.

1:42:52Well I won't be supporting this if Live Local is not addressed.

1:42:56Yes, both recommendations are coming with a live local deep restriction. Peace on here.

1:43:03Live local is the only one that Planning Commission left in. Yes. So both recommendations have the Live Local deed restriction.

1:43:11And I I will say staff in and Planning Commission is very well aware of the board's intent to have the Live Local deed restriction. I don't think we would come forward without that. Um and if we did there would be Big red arrows letting you know that it did not have it. Thank you. I'm here if you have any questions.

1:43:30Any other questions?

1:43:33We got anyone signed up for this item?

1:43:36For P fifty eight we do not.

1:43:39Does anyone in the audience wish to speak to this item? Or the applicant wish to speak? Name and address?

1:43:46Uh good afternoon. Ann Pollock, uh four thirty three not actually two hundred Central Avenue, Saint Petersburg, Florida, uh representing the owner and applicant. And have you been sworn? I was, yes. Uh my my client is uh Russ and Leanne Finley who own this property. Mr. Finley owns a HVAC repair business and would like to open a shop there to sell parts and and repair. Uh he'd like to use the remainder of the project to lease out to other small businesses like himself, small

1:44:17trades, neighborhood commercial, office professional. Uh because of the type of use that he would use, he needs to re Zone to C2. The flu was changed as you saw last month by the board to Calm. The proposed change we feel is compatible with the area. It's on 301, a wide arterial with a wide variety of uses, including pastures and residential, but also a wide variety of commercial uses. East are homes and pastures, residential. To

1:44:47the south, but to the west is 301 and C2 zoning with a combination of uses across the street. To the north is US 98. There's a church and several commercial uses there at the intersection and beyond. Further north is the Lacucci town center. The property is within the Lakuchi, Greater Lacouche Community Plan Area. Commercial development is consistent with that plan and staff have uh confirmed that the proposed use and

1:45:18the flu amendment and the zoning are appropriate for the site and don't conflict with anything in the proposed plan.

1:45:29As I said, we're requesting C2 so that he can have his particular business there. He employs four people and expects to have to hire six more people if he can open up his business. We also expect uh additional units will encourage other small businesses to locate there, creating further jobs in there. Uh this is supported by the Office of Economic Growth that is looking to bring commercial to this area. Uh we had a meeting with uh the neighbor and we have agreed to modify the access on the north side

1:45:59so that we don't conflict with uh the neighbor's driveway. Uh in addition, we're going to provide uh buffering and fencing on the um side that buffers the residential in order to protect them. There also will be a stormwater pond there to provide additional buffering. Um I wanted to uh briefly address the the deed restriction. Long-range planning staff really wanted that deed restriction to uh wanted the the owner to voluntarily agree

1:46:29to that deed restriction, limiting uses and providing other development restrictions that Liam mentioned. And um, you know, we of course uh want their support. But at the Planning Commission Uh the commission voted unanimously to recommend approval of this project without any of them except for the live local one. They didn't like the idea of restricting uses. Um, and in fact, um one of the commission uh commissioners put up a really a PowerPoint to show the attractive developments that

1:46:59have been done that do have these uses that would be prohibited. The the thought was really the code should be changed if you want these uses restricted. And while the area is becoming more commercial, it still is generally a residential rural area. I don't think the planning staff or zoning staff think that commercial development is inappropriate here. The question is whether it's appropriate and necessary to have these deed restrictions there. Undoubtedly,

1:47:30I I staff had mentioned that they really saw this project as a model. for future commercial in this area.

1:47:39Undoubtedly that would mean having more property owners in the area as they come forward with projects also having to have similar deed restrictions. So as this is a kind of an unusual situation for us to be in, we are, you know, we feel this is at the pleasure of the board, but uh we wanted to just address the points of as to why the deed restriction may not be appropriate at this time. But otherwise I'm here for questions. Um appreciate your support. Thank you.

1:48:07Okay. Any questions for the applicant?

1:48:10Um well I just want to say I I l did listen to the Planning Commission meeting on this and Um, I I do think they put an awful lot of restrictions on here that maybe aren't necessary but I do think some are important. But when I look at it at if you look at it at the map here Um it is a lot of residential.

1:48:34Where's do we have a map showing the X actual location on the three oh one? Is it before you go to the ninety-eight bypass or

1:48:43is just south of it.

1:48:45Just south of it on the right.

1:48:49So um

1:48:50What's that road name right or is that a road?

1:48:52This is three oh one on the west.

1:48:54Okay, but To the north of it is that's

1:48:57a driveway. That's the driveway that we share with the neighbor who lives directly to the east there.

1:49:02Okay.

1:49:03That's the one that we um won't be using to access.

1:49:07How large is the parcel?

1:49:09It's about three and a half acres.

1:49:11Okay. What's south of it?

1:49:14South of it is some uh residential.

1:49:18The commercial generally is um across uh to the west and then to the north, though there is pockets um all along 301.

1:49:28And I I think it is appropriate to go to commercial. Um and I think it's appropriate to do some restrictions. For example, a hundred percent not a used car lot or a boat in R V storage. Yeah. You know, there there are some uses that shouldn't be in that area.

1:49:44So what's he actually planning to do with it? Um it would be it

1:49:48would be a s a small commercial center, um allowing um you know, trades uses, uh office commercial, um and that sort.

1:49:58So nothing with a lot of noise or anything because

1:50:02yeah, the the uses that um he's proposing and certainly the ones that are not in the deed restriction are all and I think generally um require everything to be inside. I th what what the deed restrictions had um were some uses that included some outdoor Um Products maybe? Not necessarily noise, but for instance you you can't do a standalone outdoor pottery and statues sales. We

1:50:32can't have propane sales, septic tank sales, um you know, those types of uses are not noisy uses, they just are showcasing things. Yeah, I think. Um so so that's why th this kinda seemed to be excessive.

1:50:48Okay. Any other questions for the applicant?

1:50:50Well did um did your applicant

1:50:54Um, was he okay with these? D if I heard he was okay with these restrictions. I I don't understand the funeral loan. Beginning of the easement.

1:51:08Here's a list of uses we don't think are appropriate. We took off a few that really directly affected what he was proposing to do and didn't really feel the ability necessarily to push back on many more of them. And given that we're not proposing to do them, you know, that That's kind of where we came from. But that doesn't necessarily mean, you know, if if he has a business come in in the future or something. Doesn't it want it?

1:51:35So so on this list the the one that I would that I would take out of this restrictions that are here um would be a funeral home. Um is a mortu is a mortuary a funeral home? Is that the same thing? I think so.

1:51:50Um

1:51:53I think a a crematorium might be pushing it in where there's houses around it. But a funeral home I'd be okay with.

1:52:03What about you all? I wouldn't restrict

1:52:08Yeah.

1:52:10And they can contractor as a benefit. Okay. But generally not in a script shopping center. But not in a strip shop. Yes, but in Old Shy. So never know. You won't find them like that, I don't think.

1:52:21I yeah, I don't think that's in the the cards right

1:52:24now. Okay. Uh so this is a public hearing. Is anyone signed up for it in WebEx or

1:52:32For um item P fifty eight?

1:52:34Yeah.

1:52:35No sir.

1:52:36Okay, is anyone in the audience wish to speak to this item?

1:52:42Seeing no one, pleasure of the board.

1:52:45Uh I would move to approving it.

1:52:47I got a motion.

1:52:49With my one. Copy that.

1:52:51So your staff recommendation or planning commission recommendation?

1:52:55Staff recommendation. Um

1:52:57take But without mortuaries, funeral homes.

1:53:00Yeah.

1:53:02Over the second

1:53:02then?

1:53:04Second a motion and a second. All those in favor say aye. Aye. Motion passed 5-0. We're going to um P58 is it or 59?

1:53:17Yes, sir.

1:53:17Yeah.