Skip to main content
Pasco Countymeeting record
P89ApprovedPublic hearingPublished agenda

Zoning Amendment (Consent) – Siddiqui Rafat Ali – Change in Zoning from a

Public Hearings at 1:30 p.m.

What the county recorded

Approved minutes

DispositionApproved

Approved Staff’s recommendation by a roll call vote.

The source document

Published agenda

The county’s agenda for Board of County Commissioners, Dec 10, 2024

The published PDF, as served by the county. This item is one entry in it.

Approved minutes

The county’s minutes for Board of County Commissioners, Dec 10, 2024

The published PDF, as served by the county. This item is one entry in it.

What was said

Transcript

Machine transcription of 24m of recording, with speaker names inferred from voice matching. 88% of 169 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

Read it in the meeting →
StarkeyVice Chair

Aye. Could you please um go to the do you have a presentation? I do. Okay, let's see the presentation. Then I want to see it on the Google Maps.

Liam Devine

Lieum Divine Planning Development and Economic Growth Department. Um for P eighty nine, PDE twenty-five dash seven seven seven nine. Um it is a U cleaning zoning amendment from C1 neighborhood commercial district to C2 General Commercial District. Um the future land use classification is ROR under the comprehensive plan, and the applicant proposes to develop the property with a U-Haul truck rental business in conformance with C2 General Commercial District standards and Section 1101 Vehicle Dealership and Lane Development Code Regulations. The

subject site is located in the southwest corner of the intersection of Black Lake Road and Geneva Drive. Located in the South Market area and urban service area. Here is our context map so you can see the area.

And our zoomed in aerial.

And I will note before moving on, there was a code violation. On November 16th, 2023, the applicant was issued a Pasco County ordinance violation for operating a U-Haul business without an approved site plan for commercially zoned parcels. In addition, the U-Haul business is not an allowed use under the existing C1 zoning. So the app um the approval Of the C1 rezoning would allow the applicant to submit an application for a site plan and if approved would bring the property into complete. C2

zoning. So it's currently C1 right now. Yeah, so they would have to have approval for C2, and then they would actually have to have an approved site plan to actually have that use. Okay. Because you do have supplemental regulations in 1101 that they have to conform to.

StarkeyVice Chair

Well that was my question.

Liam Devine

Yes.

StarkeyVice Chair

So the what we're doing now is getting the right zoning and then they're gonna have to put in the buffering and the correct and go through the cycle. 'Cause it's not the most attractive. That road needs a little attention.

Liam Devine

Yes. Um so the surrounding future land use to the north is ROR and PD, to the east is ROR and to the south is Res3 and to the west is ROR, the surrounding zoning.

Surrounding zoning. Um to the north is AC, R1, M H and M P U D, to the east is R1 M H and R two, to the south is R1 M H and to the west is R one M H and C two. On the subject site consists of a convenience store and what we call truck business on approximately 0.57 of an acre. Access to the property is from Black Lake Road and also from Geneva Drive. There's no adjacent trails, and the applicant has voluntarily agreed to record a

deed restriction addressing live local concerns. And this is coming with a recommendation for approval of the zoning amendment from Planning Commission. and planning development and economic growth department.

StarkeyVice Chair

Um do they plan on using that existing building which I think used to be a a a Like a store, right? It was a

Liam Devine

it used to be a convenience store.

StarkeyVice Chair

Yeah, convenience store.

Liam Devine

Um that would be a question from the applicant, but I believe that's their intent. Because they still have a convenience store business, then I would be uh they would they currently have only a couple U Halls that they would like to rent from out there. Um,

StarkeyVice Chair

store up to code?

Liam Devine

Um well since code compliance was out there and they did not cite them for that, I would assume it would be, but I I don't know. I don't believe there's any current code violations. Other than the one for the permitted use violation.

StarkeyVice Chair

Okay, so the store is staying. They're just adding this the storage of What uh what happened?

Liam Devine

Allowing allowing the U-Haul business.

StarkeyVice Chair

Okay, so here's my standard question. Because you know I'm all about aesthetics. What happens to the parking lot and the parking lot landscaping and the signage and all those things?

Liam Devine

So they would have to come in for to meet all of the new landscaping codes that would be required when they have the U-Haul business. So they would have to go back through that process. I believe that um and I'm trying to remember off the top of my head, but I believe that convenience store came in before a landscaping ordinance. So that was that that building was permitted before we had a landscaping ordinance.

StarkeyVice Chair

But now we're changing it. Yeah. So now it's gonna have to come into

Liam Devine

to compliance when they submit their site plan.

StarkeyVice Chair

Okay. I just want that on record. I want is that the applicant back there? I just want y'all to know that. I don't I think that's the applicant. that we're gonna get that that cleaned up. So and um Okay, well those are my questions.

Um is there anyone in the public that wish wishes to speak to this?

Um a question on stormwater. Um are they gonna have to comply with that as well because there there is nothing I don't think they this was built before there was any stormwater regulations. Will that be part of the site plan?

Unidentified speakerVoice A

Yes. But if they're not increasing improprio service, Surface they wouldn't be required to change their stormwater system. Correct.

Liam Devine

But it it is reviewed at site plane review um for stormwater. But I'm just

Unidentified speakerVoice A

flagging to the Commissioner that they may be grandfathered on that issue.

StarkeyVice Chair

All right, um and there was no one else to speak to this, so I'd take a motion.

Mariano

Mr. Starkey?

StarkeyVice Chair

Yeah.

Mariano

Do you want to do something with drainage though? Can we add something?

StarkeyVice Chair

Um

Can you drop a pin on the site and let us look at it from Google or

Unidentified speakerVoice A

And I'd call for public comment again.

StarkeyVice Chair

Well I thought I did, but again, is there anyone that w else wants to speak to this?

I think we have other code violations on that road that Are you working with other property owners on that road?

We can talk about that another time. Yeah. Because I don't think they're the only one. And I'm thinking of Ronado's where their restaurant used to be on the corner there of Black Lake and uh Black Lake and I don't remember what it's called now. Chesapeake, maybe.

Chairman

Mariano Yes, Commissioner.

OakleyChair

If we approve this then Um they will have to comply to what landscape review and all that. comes back in compliance, but not necessarily stormwater. That's what I'm saying.

of the surfaces stays the same. Drop a P. And they wouldn't be required to have any stormwater In front

StarkeyVice Chair

of this property, depends

Unidentified speakerVoice A

on

StarkeyVice Chair

Over to the right. Geneva.

Unidentified speakerVoice A

To answer the Commissioner's question, it depend it will depend on what approvals they have. But I'm was concerned with the line of questioning the Commissioner was going down that if they're not in changing impervious surface and they have a valid Swift MUD permit they m might not make any changes to the

StarkeyVice Chair

Wow. Where there is no pervious is there's all pavement. Well we no we can't do that. What what what's going on? Is that a few years? Okay. Um Well there's sign violations on the building. We can see that. Um

What do you wanna do about stormwater? Uh is there's nothing we can do? It I mean you're not allowed to

Is that something you guys can work on?

Mariano

Uh

Shall we hear from the applicant?

StarkeyVice Chair

Can we see a little bit more to the right as well? Can you swing it around? It someone has filled in the entire lot. And we've got this piece over here in the

And it has a nonconforming sign. Okay.

Unidentified speakerVoice B

Uh Brad Tippin, Plank Development, Economic Growth. Uh they do have to come in for a site plan that will include some of that stormwater. They'll have to show what's happening on the site. So we'll take a look at it and see if there's any way we can possibly improve it within reasonable means without violating any grandfathering they might have.

StarkeyVice Chair

And you'll look at when it became paved the site became paved because it may have been paved after it was built.

Through Google you can look at that through Google Earth through the years. Yeah.

But we want all those sign violations cleaned up too.

Yeah.

Mariano

How was how was the flowing in that area?

StarkeyVice Chair

Well the lake and the back um Has some issues sometimes but um and it flows to the north.

Mariano

I I think we should have some drainage available. You have no drainage there whatsoever.

StarkeyVice Chair

Yeah, I think they're gonna have to look at that.

Mariano

But they're not going to be able to. They just said it.

StarkeyVice Chair

Well if we

Mariano

can't they can't they can do other things but they can't change the drainage requirements that are there now.

Unidentified speakerVoice A

No.

I don't know what their appro they're Old approvals are. But I but if If all that impervious surface is pre regulation.

StarkeyVice Chair

We can look right now.

Unidentified speakerVoice A

There's a It's likely that you couldn't address it. This is a C2 zoning, so it's Euclidean, so you can't stipulate it either.

StarkeyVice Chair

Um well I'll tell you what. Uh when did Swift MUD come into being? When did those regulations start? Seventy-eight. Okay, can you go to the you know how to go to the map and look in at nineteen eighty five? Can you drop can we look at the property from nineteen eighty five?

And you can do that on Pasco Mapper may be easier.

Unidentified speakerVoice B

So there there's gonna be a lot to look at here. Yeah. Um there's a big chunk of of state right-of-way across the front there. Uh facilities owns a big chunk across the back. So some of

StarkeyVice Chair

the green space Wait, the state right-of-way was given back to us.

Unidentified speaker

Okay.

StarkeyVice Chair

County. So it's county right away. If there was any on the right-of-way. But that doesn't mean that we filled it in.

Unidentified speakerVoice B

Correct. But but it's just gonna be a lot of moving parts that we'll need to look at to try and figure out this drainage situation. But we will look at that when when they bring the site plan in and we'll try and get it figured out. See what we can do.

StarkeyVice Chair

Uh yes, Commissioner Weightman.

Weightman

Thank you.

StarkeyVice Chair

Maybe when

Weightman

concerned that we're going down a a rabbit hole here and You know, this business may not be able to afford all these improvements that we're trying to that this board's talking about. Um And I'm concerned with that. This business been around a long time and I seen the picture. It's two U-Haul trucks. And I don't know, I'm not I'm not so sure that the juice may be worth the squeeze for this business, so I mean there's some real that business has some financial decisions they have to make. with

regard to their business and I I I'm just not comfortable putting them in a position that that may may harm them Especially if they're not in in in the room. I I just I'm concerned they may not fully understand what what's being talked about here and the price tag on it. So

StarkeyVice Chair

Yeah that's their choice if they want to continue If they want to continue in the U Haul business, they're going to have to change their zoning. And that comes with rules. So Um it's to the east of this

OakleyChair

the other side.

StarkeyVice Chair

It's Geneva and Black Lake.

OakleyChair

Move approval.

StarkeyVice Chair

Um I well hang on one second. Okay, so

Weightman

one

StarkeyVice Chair

four five two.

Weightman

So for clarity. Chair Starkey, so for clarity If the zoning is approved today and they get the new zoning and then they abandon the U Haw business, they may not necessarily have to go in and do all do all this work.

StarkeyVice Chair

I don't

Weightman

they may they can make a business decision. The zoning does does this zoning require them to make a significant business decision. Uh or will they still be able to operate as they are and just acts the the U Haul buses. Nineteen uh trailers.

Liam Devine

Liam Devine, Planning Development, Economic Growth Department. Commissioner Weightman, you you are correct. So the rezoning today approves that use as a permitted use, but it's only allowed once they have an approved site plan following the regulations. So if the rezoning is approved today and then they decide not to move forward with the site plan, they wouldn't have to make those improvements and they can operate. the um business as is because that use that's currently on the property will still be permitted.

Weightman

Well, thank you for the clarification.

Yeager

So they would be they would be able to get a little bit of a little bit of a little Like a quote or something like that right before. To let them make their decision?

Liam Devine

Correct. Before they submit a site plan. Yeah.

Yeager

Okay. So even if they make the change they have the choice not to do it.

Liam Devine

Correct.

Yeager

Okay.

OakleyChair

They will be able to make a business decision. And that'll be up to them if they want to go forward and if they have to put a stormwater pond in.

StarkeyVice Chair

Pick one of those.

You can go to two thousand and one.

OakleyChair

I move approval.

StarkeyVice Chair

Hang on one second, because we want to see. Four one four five three zero. Okay now can you get on the

Oh, okay.

I think it's I think you have some more research to do on this parcel.

It's one four five three zero.

Unidentified speakerVoice A

Those are all site planning decisions that are administratively made. D. The question before the board is whether or not they want to intensify the zoning from C one to C2.

StarkeyVice Chair

And

Unidentified speakerVoice A

that's

StarkeyVice Chair

is the applicant here? And I wanna make sure they're understanding what we're saying. You wanna come on up?

Rah Saddiki Rafat

What happened?

Yes, do you have questions?

My name is Rah Saddiki Rafat R-F-A-T. Last name Saddiki. S-I-D-D-I-Q-U-I. I come out of [address removed]. I opened store nineteen eighty-nine before fifty four running. And I do well is business starting U Hall when no have nothing. This area. Four forty one, two I work for when I twenty one years old. Come to right there, open business. And

I never know zoning one and zony C, z zoning A is in I never know that. When I have a convenience store gas station, I purchase hard work and done. And when twenty three Fire department, these guys come out and they say you have volition. You know, she gave me volition for the thing, you know what I mean? There's a sign and this somebody complained, I don't know what happened, and she comes, stop by and see give me twenty-seven volition. and ask him to ladies, what

kind of violation you give me to me, And C C you look at it. I say 26, maybe this okay, banner is not allowed to, I go to move. You know, so when you mention to me which banner wall is a hand over for me, you know. And she left. And after she came out, Check everything, maybe whatever she gave me time, seven days. And she come out look at it drop the whole violation, she left the one violation. And after she comes back again and see uh uh everything, uh you have

a U-hole here. I see I have U-Hole a long time ago, no today. You know, before jungle. Whole fifty-four jungles, you know. So no, you know that too. You know, so ninety, so let the Z give me starting here, you have a seven days move to U-hole. So how'd I go survive? You know, so that's the reason I say I can survive seven days. You know, she said, Well, you apply for zony C2, you know. I there is only two, and I never know the computer wise smart, you know, same you people do, you know. You

know what I'm saying? So I this is a no you apply for uh you zony people asking you something you response to, you know, so you get a Plenty, hundred twenty thousand, uh uh one hundred twenty thousand something, you know what I mean? So you did evolution. So I said, well I have this finded some of my friend helped me out on how to go change zoning. Uh zone is two, you know? That's the reason I come to here. And U-Haul right now is Big 54 already open, big U-Haul Company 2. I still

don't make money. I have three kids and wife, I come to Pakistan to hear, 21 years old, now is people falling my leg. You understand that? This is the I this only survived for you all. Now I'm not survived you all either. You understand? So how I am feeling to hear I pay for tax, legally I do everything. And what do you do? One lady complain about it and give me I never sleep either. $129,000 fine for what I did. I don't kill nobody. I know they're a murderer. I know selling drugs.

You know what I mean? So this way I lose. look like feeling look like n there's no right.

Yeager

I will I'll I'll say I'm a small business owner too and we have U-Haul on our property and you really don't make a whole lot of money.

Rah Saddiki Rafat

No no you have no no no but no customer fifty four already killed me two thousand two. You know what I mean? Now he stole neighborhood gallurbed guys used to I'm making now I'm not making UH money either. Right.

StarkeyVice Chair

What he's saying is So Black Lake Road was State Road 54. So he used to be right on State Road 54. And now he's in the back of it. Right,

Rah Saddiki Rafat

back of it.

StarkeyVice Chair

Um I wanna let you know, and Mr. Engel is sitting over there. is that um depending on what you want to do and y y you have to follow the law, we can't change the law for you. But we I want you to know we have some grant money Well we can maybe be able to help you with something.

Rah Saddiki Rafat

I I need a little bit of help, something, you know, I've just survived for my family and with this something and you whole I'm no renting. Used to have more rent truck, but now he has one year two truck. Why? There's fifty-four open big uh big uh land you already know and I don't make any nothing money either. So what I go to selling right the drug, you know. Uh there's no have another thing to do. Convention store have you fold down sign, nobody called you guys looking at it, nobody supposed to help each thing, you know. And you've read a red stone, you write there too, you

know, I live right there with three kids. So

StarkeyVice Chair

um uh let me ask my county attorney. Um What is the law and what do we need to do?

Unidentified speakerVoice A

As I said, if the board believes that C two is the appropriate zoning for this property, then you need to Well

StarkeyVice Chair

he's own it. If it if it's the if he wants to continue with the U Halls, do we have to have to have C two. You have to have C two.

And what that's gonna trigger is some other things by law. There's not things we can't make up the rules just for you. I

Rah Saddiki Rafat

agree with

StarkeyVice Chair

you but we will work with you.

Rah Saddiki Rafat

Yes, yes. I'm working that's the reason I come to here working So that's the reason I come to here and you have figure out what I need to do best for me, you know. And best for everybody, you know.

StarkeyVice Chair

I I'm a little worried we're opening a can of worms here.

Unidentified speakerVoice C

Mr. Lee, just for the record, were you sworn? Did you were you sworn o earlier today?

Rah Saddiki Rafat

Yes,

Unidentified speakerVoice C

yes, thank you.

Rah Saddiki Rafat

I this are true. You know, I'm nineteen eighty nine to thirty-five years. Now I'm sixty years old going to now and still I'm running convention, you know. I don't have a gas station or nothing. Hurricane coming, everything problem come, I provide to help people, you know? and making three times from the table food.

StarkeyVice Chair

Okay, um David did you want to say anything or did you just want to meet with him after? Okay.

Oh appreciate it. Okay, Mr. Oakley, you made a motion.

Mariano

Yes. I'll second further discussion.

StarkeyVice Chair

Okay. Discussion.

Mariano

So I would I would like to see as he comes forward, David, when you work with him in Brad. I I I I like where you're going with landscaping grant for for landscaping. And maybe let 'em apply for that. What and whatever we can do to improve drainage, let's let's go do that, but it might it might help with the buffer the back a little bit too, so more landscaping there'd be better and and the site could look a lot better coming up for.

StarkeyVice Chair

And you know what, when you put landscaping and it helps with drainage. Yes.

Okay. Um roll anyone else wish to speak to this item?

Chair Starkey?

Yes, Seth.

Weightman

Thank you, ma'am. So if this goes to C two, I mean this store's clearly in a residential neighborhood. If we go to C two without any restrictions on it. And say he decides to sell the the the property I mean I'd be afraid of what might come here in the future in the middle of a residential neighborhood with everything that the C straight C two zone allows. It it's uh

StarkeyVice Chair

Um Commissioner Weightman, let me tell you first, it's not in a residential neighborhood. Um this is old State Road 54 frontage. There's another road behind it and then the residential area starts, but across the street from it is where Um that development. I don't know where it is in this stage, but it has a furniture store, there's a hotel, there's restaurants. um I think a drive through coffee shop of some sort. So that

Yeah, cros uh uh yeah, this is from nineteen ninety-five right here, I think. Um so across the street is commercial um development.

And if you were good all the whole front of this area, it's all commercial, but it's it's an area that um and pr and and what this gentleman's talking about is they did a code they did a sweep down this road because a lot of these um properties have violations on them. So

But it's not residential.

Rah Saddiki Rafat

Okay.

StarkeyVice Chair

Uh but he does have the question of C two, do we have a live local deed restriction? And is there any other deed restriction that we need, Liam? So

Liam Devine

The only deed restriction on this one is Live Local.

StarkeyVice Chair

Амцал. It's not very big. I don't see it becoming

Mariano

point five seven.

StarkeyVice Chair

Yeah, so I think we're safe there for the community because Seth does bring up a point with C two. Madam Chair.

Mariano

Yeah. I think just they showed the zonings earlier. There's just a couple of blocks up. There's like two C twos up there.

Yes. And there's light industrial further up too. Okay. All right, so we have we were under discussion. Roll call vote.

Unidentified speakerVoice C

Uh could we clarify the motion for the

OakleyChair

motion and Jack's second, I believe.

Unidentified speakerVoice C

Approval. No. Are you clear on the motion? No. Uh District One, Commissioner Oakley.

OakleyChair

Aye.

Unidentified speakerVoice C

District two, Commissioner Weightman. Aye. District 4, Commissioner Yeager. District five, Commissioner Mariano.

Mariano

Aye.

Unidentified speakerVoice C

District three, Chairman Starkey. Aye.