PC12 PDD 24-7744 Hani auto repair C2 rezoning

46:15Okay.

46:19This item may seem familiar. I believe we heard this item back in November of last year's. So I'm gonna recap and go over some updates. So this is PDD 24-7744 in the name of Daywood Hani and Nimatown Narmeen. It's a Euclidean rezoning amendment from R3 Medium Density Residential District and C1 Neighborhood Commercial District, and it's a change of zoning to C2 General Commercial District. The future land use classification is Res 9 under the comprehensive plan, and

46:49the applicant proposes to develop the property with a 5,000 square foot maintenance shop, an auto repair, auto garage in conformance with the C2 General Commercial District standards. The subject site is Located in the southeast southwest corner, sorry, um of State Road 54 and Shaw Drive. The subject site is located within the East Market area and is outside of the urban concentration and rural areas.

47:21Um here's some context maps. There is a zoomed in aerial of the subject site. I will note at um the last time this was presented to Planning Commission, there were some concerns from the public that talked about shipping containers on the site. Those are on the adjacent site. There was a code enforcement case on that that's currently open, and the applicant has had a replication meeting, but that is not related to the subject request.

47:49The surrounding feature Landes to the north, east, south, and west is all red six. The surrounding zoning to the north is R3 and C2, to the east is R3, C2, to the south is R3, R3 and R1 MH, and to the west is C2. The subject site is undeveloped on approximately 0.86 of an acre, and we last were this on November 2nd. So I'm gonna re-um go over some of the added deed restrictions. Um, since you last heard this, last time it only had the

48:19live live local deed restrictions. Here are some of the deed restrictions that have been added. The applicant um shall prohibit access to Waverly Avenue. Um the out the owner/slash applicant shall provide a six-foot-high opaque fence along Waverly Avenue. The applicant shall provide a type B buffer with shade trees every 20 feet between the fence and Waverly Avenue. The hours of operation shall be limited to seven AM to seven PM Sunday through Saturday. And the following uses

48:49are prohibited, car washes, gas stations, drive-thru restaurants, self-storage facilities, freestanding RV and boat storage, um C2 conditional uses, and special exception uses as listed on in the Land Development Code. And then the live local language as well.

49:08This is coming with a recommendation approval. For it, but we do have two alternative motions. The first alternative motion is a recommendation for denial of the subject request to C2 and approved for C1 neighborhood commercial districts, which would require the applicant to submit a special exception use for a repair garage. Alternative motion number two would be to deny the rezoning request. Do you have any questions for me?

49:34So why why did it not come as a special exception to begin with?

49:40So the original quest was has always been to C2. Um they wanted to go C two and just rezone the whole property. Um it's already C1. Um there is a portion of the site that is R3 that wouldn't allow that. That was actually discovered um as an error as a Pasco mapper. Um I believe that is finding effect number ten or eleven there during the review of the rezoning to C3. to staff found that error. So they would have to rezone the property anyways to get that use. Why they didn't choose to

50:10go to special exception, I'm not sure. That was offered in the pre-application meeting they held for this rezoning.

50:19Okay. So so that piece s it's on the southwest or the the west side of the property, correct? Southwest side of the property?

50:28Yes.

50:29And what's the land being used as today?

50:33So code enforcement did go out to the site. Um it it's what it's currently being used as, um, it does look like there's some vehicles parked there. Um but I d did check last year last week that there wasn't any that I didn't see any code violations open currently. Okay, so I guess I do know code went out and visited the site.

50:55And

50:55so what are are there cars being stored here?

50:59There are vehicles being stored, but you can ask that the applicant as well, the property owner.

51:04And that's not a code violation in C one?

51:07If they are storing there, that would be a code violation.

51:12But he hasn't been issued a citation.

51:15Not that I'm aware of. And they visited, so they made an investigation to determine I guess The question goes to the restriction. One of the

51:25restrictive uses was

51:27open boat and

51:27RV storage and I'm just trying to figure out how's the difference between having boats and RVs stored there and having jump cars or whatever it is that's stored there.

51:39Wasn't there a question of towing also? I remember that last

51:42time we talked about it. There was a question of towing. Um code enforcement did go out there. Um the owner explained to code enforcement to what was relayed to me. I not code enforcement, and I didn't cite him for anything. So um that they he did have a towing service business there. He no longer does. Um and that was what was explained. to me. However, in your deed restrictions of the prohibited uses, towing services is a conditional use under C2, so the the deed

52:12restriction prohibits C2 conditional uses. So the applicant wouldn't be able to come in for conditional use for towing services. So that would be prohibited.

52:21If I may to answer some of the questions, um and I know we're looking at aerials and things like that. There is a note from code enforcement um from the officer in the case that states I arrived at the subject location and observed the storage items have been removed from the subject addr address and then states the parcel number. The parcel is now vacant and then he attached some photographs.

52:45That's helpful. Thank you.

52:47You're welcome.

52:49And so to revisit my to clarify my question, so the that piece is still REST three, it's still zoned REST three? Sorry.

53:00Give me one more slide here.

53:05Can we actually turn on Pasco Mapper and turn on the zoning map? Sorry about that.

53:14Yeah, so that small portion that you saw that was a little niche, that is res three.

53:20So there's an error in the in the packet then. There on that visual, yes, and I can certainly update that visual and I apologize for that, but it is corrected on Pasco Mapper and um just for the sake of things I can certainly read the

53:33finding Okay. So then now now that to me that makes sense to me why there's a whole rezoning because we need to get that Res3 portion out. Correct. Yeah,

53:43and and just to clarify, I'm gonna read it's finding fact number 10. Um on July twenty-eighth, nineteen eighty-one, the BCC approved um Planning Commission staff's recommendation to deny um the rezoning from R three to C2 and approve for C one except for lot twenty-one of the subject site, which remained R three um medium density residential district. During the review of the of the subject site, Application for this rezoning, an error was found in Pasco Mapper that showed the whole site as being C1, including

54:13Lot 21. GIS and PDD staff had corrected the error in Pasco Mapper.

54:20Can I ask the same question? Yeah. So Liam, given all these prohibited uses in finding E What is left I mean what is it they're allowed to do under C two that they would not get in C one?

54:38And okay, sorry. I mean is auto I mean you have a very specific list of excluded C two uses. Yes. So is the only use left that for which they could get the only C two use left that they could get is it auto repairs or are there others? So

54:54C two uses there's well, I don't think the whole list so d Denise can pull it up. So they'll they'll still be all allowed a C one permitted uses and special exceptions. Um and then everything else that's listed in C two. I don't have that list in front of me, but it's quite extensive and

55:08Okay, so there are a number of other uses.

55:10A number of other uses. That C to conditional uses and special exception, and I actually wrote some down, would prohibit um Private schools, it would that would be a special exception use, it would prohibit towing services, it would prohibit pain management, it would prohibit a conditional use for multifamily, it would prohibit flea markets, which is a conditional use, it would prohibit transfer stations, it would prohibit a special exception for travel trailer parks. Um, so those would be conditional uses or special exception uses that would be prohibited.

55:41But everything else that's listed. as a pr primary principal use in C two would still be allowed, except for the ones except for car washes, gas stations, drive-thru restaurants, restaurants would still be allowed, just no drive-thru, self-storage facility and freestanding boat and RV.

56:00Yeah, it looks like all the nearby properties on State Road fifty four is all C T as well, so it makes sense.

56:09But which property had the shipping container on?

56:11Um so if you actually in the aerial. Sorry, let me see if I can. Turn off setting. It's actually that far, um actually you can see some of the shipping containers now. That's not what it looks like today, but there were shipping containers there. That is an open, active, co compliance case. Um they did have a pre application meeting I wanna say about four or five weeks ago. And are all those gone today? Those are still currently on the site. But they did have a free application.

56:43From what code compliance stated, yes. Okay.

56:52So the only thing left on there are the shipping containers. Which is not part of the subject request. That that's on a different different site. It's on a different property, yeah.

57:04But is it the same over the same owner?

57:08It's a different owner.

57:09It it's under a different name, but I believe it's the same owner, but you can ask the applicant that

57:18All right. Anything else for Mr. Devine?

57:24All right. And the applicants present?

57:30Would you like to speak or would you like to wait and see if anybody has questions?

57:35I would love to speak.

57:36Okay. You'd state your name and address, please.

57:41My name is Hani the Wood and my address [address removed]. I just have a little correction because I wasn't there the last time and with the highly respect with my neighbor they just say something is not very accurate because they says I since I bought that property, I bought that property in three different Pieces that one in the side and that one one time and that one one time. So first one right

58:11there in the 54 that's a C2. The other one is a C1. The one in the back is R3. So all of them is different property with different houses. So D says I teared up I teared the house down with no permission, which is not right. I got permission to do that. I got permit to do that. And the houses it wasn't house. It was like a mobile home, nothing but rats. No one lives in there. And the last one I bought I bought it. It was two homeless people lives in there after I bought it. I

58:42had a hard time to move them out. Yeah. So And all the trees I cut them off, I cut the tree with the permit. I got permit from the county and I cut up. I didn't do anything illegal. That's why I'm trying to clarify my situation because I heard something it's not right. Right? And the reason for his question, I heard the question, why I want to make it C2 instead of C1, I can I'll be able to do a mechanic job, yes, I know. But like I said, it's all messed

59:12up. It's that seven percent. This property seven person. R three, C one, C two, is like all so I bought it, one of them is not under my name, it's under my brother's name, but it's mine. So I'm I put one survey for all of them, so I'm gonna move it all of them once I do my project, they make it all one person. And this project I'm doing, that project I've been like year and a half not working at all. Or the toe. Like I shot the toe, I moved it somewhere else. So because

59:42I'm preparing for that property to make it like a good view, mechanic shop or out or anything. Right. That's what I have.

59:52Who proposed the deep restriction language?

59:58Is that something you came up with?

1:00:00The deed restriction? Yeah.

1:00:02I think

1:00:03sorry. Leave him to mine. So w we asked the applicant and their team if they would like to add any voluntarily deed restrictions for restrictions um similar to what a conditions for a special exception for this kind of use would be. They said they were open to it. Um staff did suggest similar language. What was provided in special exceptions, and they agreed to or did not agree to some language, and that's what's provided in your agenda packet today.

1:00:30Are they in agreement with the ones that are listed in the agenda?

1:00:33The ones that are listed in the agenda are the ones that they agreed to.

1:00:37So I'll be interested to hear back from the neighbors, but if he wants to build a auto repair

1:00:43shop, I'll ask you while you're here. Would you be willing to re record a

1:00:51deep restriction that indicates you can't have any bay doors that point towards the residential area to the south of you and that you won't store any materials behind the building that the residents might be able to see or you won't do

1:01:09any work behind the building. Of course. I'm trying to make something nice, not professional, and I don't need the back. The back is Little Road, Waverley Avenue. That one is gonna be a big wall. Not this the fence. I agree with the six foot. That's fine. And the bever and everything. But the building itself is metal building, brand new building, coming from Canada, and it's gonna be twenty for high so no one can see nothing and there's

1:01:39no door in the back. All the door is gonna be in the front. facing fifty-four.

1:01:46Okay. That that was one of the concerns that was brought up by a resident was if it was uh door opening to the back and making noise with the neighborhood. No, no. Why

1:01:54would I put door on the back which is I have the

1:01:56fifty foot? Okay. So then if we you would be willing to deep restrict the property to require that so that and I'm not worried about what you you already probably did you already buy the building?

1:02:07Say again,

1:02:08did you already buy the building?

1:02:10Yeah,

1:02:11okay. Um, I mean so I'm not worried about the building build. It's what some other future owner might do with it if you know when and if he ever sells it. I have no idea whether he wants to sell it, but that's that's what you'd be looking for is to protect the neighborhood against something like that in the future. I am disappointed he bought a building in Canada.

1:02:33Sir, could you clarify because the question came up about the ownership of the store lot of the storage Containers on it. Do you or a relative own that law?

1:02:45This one in the corner down. This one here. This is the other one that has this one it doesn't look like that. That's a old picture. This one I have another project in that corner. I got four shaving containers. I got picture on my phone I can show if I can share it with that.

1:03:02That's not related to the R project now. That's not a good idea. I understand that

1:03:05but but I just was curious as to because it looks like does it have access through From

1:03:10Waverly?

1:03:11No, does it have is it's only access from the property that's your zoning? I don't

1:03:16have access from that property, I don't have access from Waverly.

1:03:20Okay, so you so that one will have access to We Willy?

1:03:23You're trying to build a home out of a shipping container?

1:03:26Yeah. Is you get

1:03:27a permit for that?

1:03:28Yeah, I I already applied. I already applied for the pre app. You applied.

1:03:31Like

1:03:31would you issue the permit? I haven't yet. No. Okay. No. I apply for the pre app. 'Cause after the last meeting I got three violations for the shaving container to move it from that one, which is I did. This one is clear now, with no shaving container on it. And I the the tow company is not working anyway, that's another violation. And they asked me to put a pre-app for that one and I already did.

1:03:56Okay.

1:03:58Yeah, I just want to comment. He um he talked about a wall. Um staff asked for a deed restriction for a wall between a six-foot high wall between um the property and Waverly. Um and I believe he just testified he would be agreeing to that. If if if that's what he would like to do, we would have to amend that deed restriction. So right now it states a fence, so it would require him to have a fence, he wouldn't have an option to have a wall if that's where he decides.

1:04:25So But I'll defer to the Planning Commission on that issue, but I have a I wasn't done with my line of questions about the shipping container parcel. So If it's gonna have access to Waverly, what's to stop you from using that access to Waverly to indirectly get into the repair shop. I mean there's a there's a restriction here on you using wave relief for the repair shawl.

1:04:50No.

1:04:52Well that's what the deed restriction says. It says that h it says you shall prohibit access to Waverly further for the repair show. Uh you said you're not gonna use waverly for the repairs.

1:05:05I'm not using it. I put a fence right there. If you look, that's the fence, it's closed fence. That's been a good thing.

1:05:10So is there gonna be a fence between what I'll call the shipping container parcel? Yeah. So

1:05:17so right here, there's gonna be a fence.

1:05:20It's yeah, uh between these two properties of the parcel here. Yeah, so in the front of the total. Trucks yes.

1:05:26So my question is, are you willing to agree in your deed restriction that there would be a fence not just along Waverley but also between The the auto repair shop and the

1:05:40So a fence a fence right here is what he called it Well question. Because we have a fence here along Waverley.

1:05:44Maybe Brad Tippen can answer this for us. The what's the zoning on the property with the shipping container? R three.

1:05:53R three.

1:05:55And if if we're to grant this as C two, he'll be required to have a thirty foot building set back from the R three property, and he'll also have to plant a type B buffer around that R three property, is that right? Yes. And they are and the type B buffer includes either a fence, a wall, or a berm.

1:06:19But but are we are we positive and maybe Brian's clarified that he can't have any vehicular driveway between the two?

1:06:25Well no, you can penetrate a burn a buffer with a driveway, but maybe he did restrict it again.

1:06:32Okay, but I'm where I'm going with this is he's saying that he will not actually access waverly with the auto repair shell. I want to make sure that he can't indirectly access Waverly through the shipping container partial.

1:06:43Yeah, he doesn't want you coming through here and then out to Waverly.

1:06:47So I I wanna clarify I think there's some confusion here. Um I uh the you'll all see on the right there's the C one and then there's the small lot twenty one of R three and then right next to that is another lot that is currently C two before the shipping container parcel. So there is a C two parcel. That is between the shipping container one. That is not part of this subject request. And I believe our code would require a cross connection and that portion would not have a deed restriction to Waiverly.

1:07:16So David, could that be fixed by just changing the deed restriction to say he shall not directly or indirectly access Waiverly?

1:07:27From the site.

1:07:31Yeah, I think I think I think that would probably solve the issue. But I I wanna make sure he's 'cause it's a voluntary deed restriction. I just wanna make sure that's consistent with your intent. You're not gonna have for the auto repair shop You're not gonna either directly or indirectly access Waverly. You're not gonna access it through these other parcels either.

1:07:52No, like I said, I've been forty years have a closed fence. All Waverly. If you look in Waverley, four years the fence.

1:08:00Hey, I'm not worried about a direct connection to Waverly. I get that there'll be a fence there. I'm just trying to make sure that since you own these other parcels on the west side Yes. That you're not going to try to connect to Waverly through those parcels.

1:08:15No, I I don't need to. Okay. Waverly like I said is a little road.

1:08:21So if the language was changed as Mr. Moody said to say you prohibit direct or indirect access to Waverly, you're okay with that? I'm perfectly fine.

1:08:31I don't need

1:08:31Waverly.

1:08:33And so your intention with this parcel here is residential, correct? There's a residential. There's gonna be access for more than And what about this partial? So this partial here, what's your intention with that one? There's a C two. Correct. So you

1:08:45Is it gonna be part of the R auto repair shop? No. What are you gonna use it

1:08:49for? This what I used to use it for a tow, but right now it's not useful. It's like I just put my cords and stuff in.

1:08:58Once you have the auto repair shop up and running, what do you intend to do with that piece in the middle between the residential piece and your auto repair shop? Very

1:09:05much I'm gonna use that piece for a parking for that mechanic shop maybe. Maybe I'm gonna use it for like the front here in the 54. If you look in the front, that's 54. So it's like I don't have a plan for it, but all what I concern that piece right there, that 0.86 acre, that's gonna be the shop. So this this person is like completely different than the other one. It's like I don't need do nothing for that one. Am I gonna sell it? Am I gonna keep

1:09:36it for something else? But this project right there, this it's gonna be at fence. Like if you see the L shape, it's gonna be at fence. Right here? Yeah, from here go up and go that way and go that way. It's gonna be fenced. So this

1:09:49part will be fenced, this will be fenced, and this will be fenced. Yes. Is that one parcel or two? It's one. It's one.

1:09:55Yeah. The L shape. Back room. Yeah. Yeah. Three different zonings on the right-of-way. The one is

1:09:59it shows R3 is that one parcel, but it had part of

1:10:03still zone wrong.

1:10:06The reason that I asked that is because the code requires cross access between commercial

1:10:10properties. So even though he has no intent, he says he has no intent to do it, when he does his site plan, he's going to get told he needs to provide cross-access, which then creates the opportunity to A's questioning about

1:10:25But if he's saying he won't even indirectly access Waverly, I think that cures the issue on access to Waverly. Now, arguably you don't have a fence on the south side of that piece of C two. Um Yeah there won't be a fence for the floor.

1:10:46It is currently six six foot fins with the torped leg. Currently is a fence. So the see even on the piece that even on the piece, yes. From from that corner? If you wave all the way, no, all the way to the left? To the left.

1:11:04Do you have a s like a site plan that shows what you want to do?

1:11:08For what?

1:11:09For the mechanic shop, the auto shop. You said you already bought the building, so you must have created some kind of site plan or something. Yeah I don't have a site plan. Is that something you've got here you can show us? Uh am I gonna

1:11:22have it left on the

1:11:32David, looking on Google Earth it does look like it's fenced all the way down Waverly.

1:11:41With the driveway.

1:11:42Yeah.

1:11:49Driveway and gate one way early.

1:11:51There's a gate there, huh? Might have the old

1:11:55driver.

1:11:58I think people have a side line.

1:12:03We discussed that last time.

1:12:08Yeah. But it looks like it's fenced right across the driveway.

1:12:11Yeah.

1:12:14No hard wire.

1:12:20Yes, it's a fast.

1:12:24Sixteen. Alright, do we do we have anybody else that's gonna speak on this?

1:12:29Yes, we have two people that signed up that are signed up to speak on the item.

1:12:34Would you like to hear from them?

1:12:36Yeah, let's uh let's uh see what their questions they have and then we can bring you back up the answer.

1:12:41So I've got uh Christina Nelson and Jimmy Nelson. Okay.

1:12:50Hi, my name is Christina Nelson. I live at [address removed].

1:12:56Did you get that? I'm sorry.

1:12:58Sorry, I'm Christina Nelson. I live at [address removed]. Okay. I am directly across from where he's trying to put the shop. Mm-hmm. Um I know he's saying that he's gonna build a concrete wall. We I was here in November about it. Um I'm I'm

1:13:20Uh so opposed against it.

1:13:24Um, I don't care. You're gonna put a a wall up, you're still gonna hear it. My husband's a manager at Midas. You can be Over at Wa Wah in Zipper Hills across from fifty four and you're still gonna hear Midas, the drills and stuff. I don't know if they're gonna get rid of the oil or the transmission fluid correctly and it's not gonna go into the ground and contaminate my well water. I mean I don't want a mechanic shop right across the street from me.

1:13:56I've been living there since twenty twelve and I don't know anyone that would want a mechanic shop right across the street from you. I don't have an issue with Rafael. I mean, he's, you know, a good neighbor. I have his number, we text or whatever, but I don't want a mechanic shop across the street. I didn't have an issue with the towing other than he used Waverly out. But I don't I do not want the mechanics shop. I don't know what I need to do, I don't know what I need to say to you guys, but

1:14:26So

1:14:27I don't know what

1:14:28it's already zoned C one.

1:14:30I don't know what that means.

1:14:32Well, okay, well I'm trying to look up what the allowable uses would be here in C One.

1:14:39It means commercial instead of coming.

1:14:40Right, it's commercial. It's more neighborhood commercial, isn't it? That's the reason for the statement is is that some commercial activity can happen on the property. So I'm trying to figure out what it is that you feel like you can live with if you were to develop the property that's not intrusive to your to you.

1:15:03So he already said when I talked to him he said that, you know, the building that he was making. Um my husband showed you guys in November or December, whatever it was, the orange building that he made out of the containers. Um he said that he was gonna make like barbershop or nail salon or whatever. I don't have an issue with that. I d don't care. I just don't want anything that's noisy, I don't want anything that gonna leak into the ground, you know, I mean Who would want that? I I don't want anything that might

1:15:33contaminate my wet water. I don't want it noisy across the street. I have to get up at two AM.

1:15:38Well

1:15:39work. I mean

1:15:40Auto Shops are governed by the EPA in terms of what so that they have they do have restrictions. They have to make sure that there's containment for oils and things. I

1:15:48understand that, but that doesn't mean that people follow it. I mean th there's speed limits. It doesn't mean people do it. So there isn't

1:15:56no no disrespect. So one of the need restrictions was that restrict their hours of operation from seven AM to seven PM. Does not does that help address your concern?

1:16:07Uh I I'm in bed by six, so I mean I just don't want a mechanic shot there.

1:16:14Is that every night though? Is that including the weekends or is that week weekdays that you're

1:16:19I I work from Tuesday to Sunday. Okay. So yeah.

1:16:23So if we were at the county commission hearing before we had a hearing, what we would hear is the county attorney tell us that when we hold a quasi-judicial hearing that mere public opposition is not allowed it's not a reason for us to turn something down and that you have to stick to some you have to stick to the land development code or the comprehensive plan. So I'm trying to figure out is there some is

1:16:54there some code requirement that you could cite that would that you think is being violated or creates some incompatibility

1:17:07I mean I

1:17:11I said so much the last time we were here. I've had a concussion since then, so I mean

1:17:19Well, I mean she did say noise and the fear of contamination. So so I don't think she's just getting up and saying I don't want it. I mean she she started there but then she said her main noise that's a legitimate. Her noise and the potential for ground contamination is what I heard her say. thought but I mean is that accurate? Those are your two main concerns? Those

1:17:40are my concerns. Um I understand Raphael got a parent said that pretty much I lied about him cutting down the trees and not having permits, but it's it's on all on record. Um he got permits after. So I mean there's there's

1:17:54Well I i uh put that aside. I think Mr. Moody's asking you what are your

1:17:58I'm I'm

1:17:59What are your concerns with the auto repair shop other than you said noise? And you said the potential for ground contamination. Right,

1:18:06because

1:18:06there's Are are there any other concerns? Are those the two main ones?

1:18:09That's the two main ones. And traffic.

1:18:13traffic on because they there's a restriction on them using waiver lease. Right,

1:18:17but still shop because the end of it is all messed up and my yard floods, so all the rainwater comes down to my yard.

1:18:26So you have concerns about them using Shaw also?

1:18:29Mm-hmm. All the traffic. It's a lot of traffic.

1:18:32I'm

1:18:32going there

1:18:33a wall there too.

1:18:36Yeah, he said he said there was a fence on that east side. Yeah. Six foot.

1:18:46And these are letters from the other neighbors that couldn't make it today. Do I uh so do I

1:18:53Motion to receive and file. Second.

1:18:57We're just going to hand it in the clerk there.

1:19:01Do

1:19:01we have to vote on that? Please all in favor? Yeah.

1:19:05All in favor of the receiving file? Aye. Aye. Opposed, like, sign.

1:19:12That's all I

1:19:13said. Thank you. Thank you. Do you want to speak as well?

1:19:18Arguably five.

1:19:20Get your name and address too please. Jimmy Nelson. I also live at [address removed]. Um we understand you know everything in Zephyr is a booming, everything's growing. Um we're not trying to deter Mr. Raphael from you know expanding his business, but we are concerned about our property that's right there where this building is gonna go. Um our well Water is right on that corner pretty much. So we are concerned about, you know, the EPA, you know, with coolant

1:19:50and oil and you know contaminants, waste being so close to this shop. Um the roads are just not right for this kind of traffic to come through here. Um, so we do have some concerns. I know it's not much, but there's it is our property, we do own it, and we are concerned about it.

1:20:10Okay.

1:20:11Do you know if there's water and seward

1:20:13in his property?

1:20:14Do I know where

1:20:15it is? I i if if it is and he can answer that with it.

1:20:19Yeah, I'm not sure. I just know that a couple of those properties used to be houses on them. So I'm sure there is some type of plumbing well i in s those areas. We're just concerned about our well, which will not be far from the shop. So we are concerned.

1:20:35Your well's on the front of your property, you said, right on the on the corner there? It's on the corner, yeah. Okay.

1:20:43Yeah.

1:20:45Any questions? Are there any more questions?

1:20:49Are there um so are there restrictions uh as far as if you have those kind of uses next to you know, I know there is a obviously a septic, but as far as next to wells

1:21:01and things. I don't know of any shops that are so close to a house. So here is there a limit

1:21:08there? So if we were talking about a well-headed protection area, like if this were a public water supply well, then there would be might be certain restrictions that would probably not

1:21:18private

1:21:19residential.

1:21:20But but to John's point, uh if if the property use is the property utility served?

1:21:27Or will it will it be utility served?

1:21:30Exactly.

1:21:39Attaff Hena with Pasco County Utilities, the property actually is in the Sea of Zephyrhills and we we don't have information about the utility system within that area.

1:21:50You mean the city's Upper Hills service area? Service area, okay.

1:21:56Thank you.

1:22:00Um M Mr Moody, is there a um you're you're the stormwater expert, so is there um special containment So is there a special can um containment process that um in a situation like this where they would have to do things to mitigate the stormwater. Photoshop

1:22:18doesn't have any special stormwater requirements if for instance in in a TEF can probably provide you this answer. Like for instance, if he were hooking up to the Pasco County utility system, they might require him to have some kind of oil water separator before he discharges into the sewer and that kind of thing. And that's why I was that that's why I asked the question about utilities to find out what's kind of the the hazard risk that if he's going to be on well is he going to be on well in septic where the Potentially there

1:22:48could be groundwater contamination or is he going on public utilities where there's lower

1:22:52risk. Why don't you come on up and maybe you can speak to that?

1:22:56All right. Also I can add to that that he can actually find your name again, please, so that's a good thing. Uh Tav Hannah Pasco County Attorney. Okay, thank you. Um he has the option of uh a dry shop as well. uh which is uh a little bit of a assur assuring that there will be no contamination or no discharge, and also he has to follow a certain procedure to um file reports uh w with

1:23:26with the DEP on on things like that. What what do you mean by dry shop? Dry sharp means like he is containing everything and actually he has he has report he's reporting uh disposal two sites as well. Like everything he uses and he d he collects and making sure that it does not Really go to the his plumbing. And then there is actually a containment as well.

1:23:54What and what about runoff from the parking? Because sometimes you have

1:23:57yeah

1:23:57cars that are damaged, they come into the parking lot, they leak oil in the parking

1:24:00lot. That's oil oil uh oil uh grease uh separator within the parking lot. Okay, within the stormwater runoff. Yeah, stormwater runoff. If he's got the system. And then if he doesn't have the system he needs to contain it probably in swales and making making sure that it doesn't So y but you said he has the option of doing that. Is there does our code require that or does he I have seen, I mean, based on my previous experience uh on private actually, I I was asked to do in some

1:24:30communities, do that dry shop. So it's actually a more a more way of uh assurance. So perhaps we could add that as a condition

1:24:41of approval?

1:24:41Well I I just wanna make sure is that the terminology that I I like. I don't have an issue with you doing it as a good as you approve, but it well first of all you can't condition it. You got to agree. Okay. But I wanna make sure we're using the right terminology. Is that you

1:24:57we need to look into it? M maybe you need to to just bring it back and

1:25:02Well, I find it hard to believe it's just called a dry shop. There's probably a better term for what you're describing, but I don't This is not my area of expertise. I don't know if anybody on staff knows how to describe

1:25:15this. I've heard it before, but I'm not sure. It's about even w

1:25:19when

1:25:20you do the documentation, when you do the MPDS for like oil change for example and y y y you you mention all the things that will develop from that job and there are set but i is

1:25:33there a set of like D E P regulations or Swift Mind regulations that govern This dry shop that you're talking about? Yes. Okay, well that that's the kind of information we would need to know to know For somebody to write something up they'd have to say that the shop will comply with X, Y, and Z regulations. I is there anybody that knows what those would be?

1:25:56I don't know if a motor repair has to get an industrial discharge permit or not. Which is something I've never had come across.

1:26:07Sir, do you want it go ahead?

1:26:10Yeah, because I've been I've been in the mechanic shop for the last twenty years. So it's nothing in that one everything contained. The oil actually we used to sell the old oil. So we don't want to waste it. So the oil is in a container, the antifreeze is in the container, transmission flow is in the container. You have to. If the code enforcement visit you, you're not gonna like that visit when he sees that. Oil all over the place. Right. You're talking about 20 grand violation. So

1:26:40I don't want to do that. So obviously I'm not gonna put oil all over the place because not because of the neighbor, which is I respect the neighbor, I need to do everything like this.

1:26:58go go there and is in the middle. I just left it because there was Pac Money. So I'm not gonna go just throw oil all over the place, which is money. This was tired is money, waste oil is money. It's like you understand what I'm saying.

1:27:11Yeah, I I don't think the concern is so much the oil in the shop 'cause when you're draining oil out you're gonna drain it to a container. It's just inadvertent leakage, especially outside. I working into the stormwater system.

1:27:21But once you go with the five thousand square foot building, you don't need to work outside the night weather. Rain and hot, so everything is gonna be a little bit more.

1:27:31While vehicles are waiting to be repaired, will any of them be parked outside?

1:27:37Of course I will, but I'm not gonna have damaged vehicle outside because if it's damaged it's gonna go inside the shop. I don't wanna move it two times, but the vehicle is gonna be attained outside the region.

1:27:48Is your entire site gonna be paved or is part of it gonna be dirt? Is the entire site gonna be paved or is part of it gonna

1:27:54be dirt?

1:28:01For just some purpose like that.

1:28:04So what would stop say you had a a leaking vehicle that was stored outside in the gravel what's to stop the oil from running off of that.

1:28:16Or a vehicle that you didn't know was leaking and if I didn't know that's

1:28:20different, but if I would have known I would take the oil out of it first.

1:28:23Right.

1:28:24And I get the side the side plan I you got 'em in the email, if you can show that?

1:28:31It shows babes all around.

1:28:34You know, from a practical point of view and and we deal with this a lot in commercial real estate is that it would be foolish for him to do anything that would contaminate his property because it's gonna affect him later on One day he's gonna want to sell his property and he's not gonna want to contaminate his c site otherwise he'll never be able to sell it.

1:28:55I don't think anybody purposes.

1:28:57So I

1:28:57mean

1:28:58I think it I mean the fact that you might spoil a little oil on your on your property when you I mean his his position to me is very strong. He's gonna contain the contain the oil. He's got provisions to contain

1:29:21I do see from the DEP website that if he's got used oil, he's required to register with the DEP. I don't know what's involved in

1:29:30that, and then there's a similar process for waste tires as well. So PC

1:29:40He'd be he'd be registrated registered as a generator based on what what gone he he generates in his business, so be a small quantity or large quantity or or whatever. So yeah, he's gonna follow state level regulations plus EPA. Plus he's gotta be uh have an IPTE's permit like uh the utilities uh person said.

1:29:59I assume you're gonna have your building insulated, are you not? Yeah. Yeah, and so if he j has this container sound his building insulated, that's gonna uh mitigate much of the of the noise that would come from a a building that's fully contained. If you're working outside that's different, you're gonna hear lots of noise, but if you have an insulated building, you're gonna mitigate the noise. And this build this property is on State Road fifty four. It's a

1:30:29major thoroughfare. Nobody's gonna build a house there. So I I just think we'll ask you.

1:30:37Yeah.

1:30:39Yeah, that's the side line.

1:30:41Isn't isn't that Waverly to the south? Am I looking at it wrong? South is

1:30:45to

1:30:45the

1:30:45left. In the bottom, that's Waverley. So the bay doors are gonna face towards Waverly? Oh,

1:30:52okay. I see what

1:30:53I'm saying.

1:30:53The bay doors are gonna face fifty four, you said, right? Yeah.

1:30:57Is

1:30:57that not the way that's oriented?

1:31:02Right. That'd be that'd be Waverly on the south side. So it looks like an entrance

1:31:06from from Shaw. Shaw, not fifty four. Right. So the bay doors are facing south towards Waverley, correct? Correct.

1:31:14So the bay door doors need to be facing the other way. Right.

1:31:20Facing fifty.

1:31:20So they they'd be directly across the street from the residence.

1:31:27Well I I understood the r the access was going to be from fifty four, not from is this turned?

1:31:32I I have an access from 54 now but it's gonna cause a lot of traffic with the DOT so that's why I just decided to make the access in trunk. I don't wanna have the ac I don't wanna use the access in 54. Because in 54 now it's too late. I know eventually it's gonna be bigger, but once you get the toe truck, go from 54, make a ride to the shop. It's gonna make some traffic. I don't wanna do that because Because I had that before. I had this problem, makes traffic and just very dangerous. That's why we decided to open a

1:32:02gate from shock. So you make a right in shock, make a right in the shock.

1:32:07I will also add that our access management regulations would generally prefer that the access from Shaw and not fifty four.

1:32:14Right. But then that also gives them the opportunity to run them right down to waiver.

1:32:21Well I mean there's a water.

1:32:24Well Where's where's your stormwater pond on on this? I don't see Is there some murder pond that's represented on there? Is it just whales kinda on the south side?

1:32:46I ar don't see anything that looks like a stormwater flower.

1:32:50If if I may be underground.

1:32:51I mean one could be one underground.

1:32:54If I may, Planning Commission members, um I know that the applicants The applicant is in front of you, but there's also a representative online from Beacon Civil, so perhaps they might have some information. So in case um Tasir would like to speak, um you can unmute yourself if you would like to answer any of the questions that are coming from the Planning Commission.

1:33:18Yes, please uh jump in here if you have an answer. To see her as that you said.

1:33:25Yes, so Uh, do you hear me?

1:33:30Yes, yeah.

1:33:32Yeah, regarding the access to SHA, so the applicant agreed to improve the road from the 34 from the access of the auditor.

1:33:46I'm still also the condition for the substandard world application.

1:33:56Okay, did could you ask the answer the question about your stormwater?

1:34:01Where are you putting stormwater in so?

1:34:05This is just a concepted plan. We have not like did uh the scarborough or anyone

1:34:12combat. Yeah. And is is the building the the arrows are pointing into the building, do you drive through the building or or do they back come back out the same way they went in? No, it's not driven.

1:34:24Um and all that concept program and we will need to update it so all the bays that will not be phase the residential that's gonna be on the other side.

1:34:35I'm gonna ask him would he voluntarily agree to include that in the deed restriction that the bays face north rather than south towards Winterley?

1:34:43Yeah, with no opening on the south side of

1:34:45the building. Yes, and no activity behind no Even though in C two district you can't do auto repair outside of an enclosed building, but it happens so If it does happen and things get stored behind the building, so I'd ask him if he'd voluntarily add that stuff to the deed restriction.

1:35:07I have a question.

1:35:09Well that was my uh that was my understanding that it was gonna be that way, so I think that's a fair request.

1:35:16Yeah, fire access is probably

1:35:19sorry, come up, we gotta keep this thing over.

1:35:25Did you ask Did somebody ask him to come up and speak?

1:35:29I'll ask

1:35:30it

1:35:30in a

1:35:30couple of

1:35:30years.

1:35:30Okay. Thank you, sir.

1:35:32Okay. I'm just, you

1:35:33know,

1:35:33my wife brought up a question about okay, this building's gonna be here. My my house is directly where Waverley is, I'm right there. Yeah. So I'm basically there. Okay, Pat's bar is up uh a little to the right. And we can hear that noise and they're gonna be much further away than this shot. So uh it's just a a bad spot for a shop. Uh you know, I I I know understand that it's probably gonna happen. Uh we

1:36:04just wanna voice our concerns. You know? It's on record. Yeah, well

1:36:09you have every right to voice your concerns. We're trying to accommodate you to the extent that we can, but we have to be reasonable on both sides. Yes, sir. So we're what we're trying to do is get that building turned so that there's no openings on the Side that faces your house.

1:36:31So Well

1:36:33I mean you uh this is up to the Planning Commission, but you also may want to consider some minimum setback. I mean, because Even if they put him on the front, if he puts the entire building against the back wall, that's probably gonna get more noise than if it was right-of-way

1:36:51a question for Denise. So C two would have a thirty foot setback from residential, but in this case he's up against a right of way. So does that right of way count as part of the how how do we Is is it considered is he considered to be up against residential or is he considered to be up against right away where he doesn't have a thirty foot setback?

1:37:13He's considered to be up against right-of-way where he doesn't have a thirty foot setback. It would be a twenty five foot setback. However, I do want to caution On this one, that there is a provision in the land development code that when a when a lot has a triple frontage, that there is a way to reduce one of the non-principal fronts to no less than half of the required setback. So I wonder if we could so that this doesn't occur on this situation, perhaps

1:37:43we can include something in in the voluntarily agreed upon deed restriction. regarding that. Because this applicant can under Section five thirty of the Land Development Code potentially ask us to reduce the setback on Waverly to twelve and a half feet, for example, and that would be allowed administratively under the code.

1:38:05But he's required to provide a twenty foot landscape buffer on the way to the right-of-way.

1:38:09That's correct. So that's the way to maintain a twenty foot setback. That's that's accurate. It's a good point. From the deed restriction it states that.

1:38:20And that's between the wall and Waverley, right? The the landscape bubble? That's right. Yes.

1:38:28Well.

1:38:29If I may also add one thing I just want to touch back. There's also alternative motions. So we're discussing a lot about voluntary deed restrictions. Um I'm assuming the applicant is volunteering to to all that were discussed, but there's also an alternative motion of approving it for C1 and then requiring them to come in for special exceptions where staff or plain all these things where you can condition all these things as well. So I just want to make sure you're aware that there's that option as well

1:39:00in case you want to condition something that the applicant maybe

1:39:05Rather than trying to draft deep restrictions on the fly here.

1:39:09Yes. Thank you.

1:39:16That might be the more efficient way of doing it.

1:39:20Well, I just take to see people having to keep coming back, you know.

1:39:24Yeah.

1:39:25Um, I and I think we know what we want to ask for. So why don't we just ask for it? You know.

1:39:33Who gotta

1:39:34walk the wall but from my fence to a

1:39:37wall.

1:39:38Well I mean hey so you can do it by deed restriction, but we need the applicant to come up and sort of each one you have to get him to agree to the language. So um which that could be done. You know Mr. Mooney doesn't like voluntary deed restrictions. It can work for this case.

1:40:01Well

1:40:02the one that's got to write 'em.

1:40:06So I'm

1:40:07right in between

1:40:07you.

1:40:09So why don't we go through the things that we're thinking of and then he can either say yes, he agrees or no,

1:40:15he's

1:40:16a great thing.

1:40:16So well I asked him before if he would agree that there would be no overhead doors on the south side of the building that they'd have to face north, and I think you acknowledged you'd be willing to do that.

1:40:28It's no door in the back. But what is

1:40:31overhead doors. I understand the fire department may make you have a man door in the back for

1:40:36I have to have the exact yes, yeah I understand.

1:40:44When you think about a garage and you're in a garage and then you've got three walls and an open door, well this is a sound funnel going out that door, so we want to It would be my preference, it would go north and not disturb the neighbors and the question is would you agree to that? Yeah,

1:41:00I

1:41:00got no problem

1:41:00with that.

1:41:12The first plan it was

1:41:13drive through building.

1:41:15Okay. Yeah. So that's the right-of-way.

1:41:17That's it. Would you agree to at least a twenty five foot set back from Waverly to the back south edge of that building? Yes. Is this the requirement? Yes. Well the it is if you agree to I think Ms. Hernandez indicated that the code allows some some request for a relief to that requirement. I'm asking If you would just waive the right to that relief and just agree for the twenty-five feet.

1:41:46Of course, whatever the book says.

1:41:52Yeah, you're you're you you have to sign this deed restriction saying that you're agreeing to this. So that's why we're asking you the question. Okay, say you say You can't just say whatever the board says, because they technically they can't make you do this. I understand.

1:42:02But I'm going with the requirement. The requirement to say twenty five foot, I know it's twenty five foot.

1:42:07So you're willing to re you're willing to agree to a twenty five foot rear or set back from Waverly? Okay. I don't want to call it rear 'cause I don't know where your rear is on this. So you mean from Waverly

1:42:17from the fence to the building is twenty five foot. Right. Right. Of course. I need that place. Okay. Yes. And

1:42:23then

1:42:23I would

1:42:24ask the last if If you're going to have an auto repair shop that I noticed that the hours of operation in the proposed deed restriction were sun seven to seven Sunday through Saturday, I would ask you if you would make that something like eleven to five or eleven to six on Sunday. Not let's not have seven to seven on Sunday if that'd be all right with you.

1:42:49And Sunday? I'm not working Sunday. But during the week I cannot make it eliminate I understand

1:42:54during the week and and I understand on Saturday what I'm asking is not seven to seven on Sunday. Could we agree on something like that?

1:43:01He's closed on

1:43:01Sunday. So make it make it Monday to Saturday. All right, so yeah.

1:43:11Okay, that's fine. Yeah.

1:43:12So yeah, like you know. Approval

1:43:13says Sunday Saturday

1:43:14dressing. So he's agreeing to not have any hours of operation on Sundays? Yeah, I'll

1:43:20I'll I'll work someday.

1:43:21So the one thing that you all kind of danced around but I'm not sure you really said in your request is Outdoor repairs. Um Well they can't do that under C two, correct?

1:43:34Yeah, it's not allowed under C two anyway.

1:43:36Okay, so all that's already a requirement that all repairs have to be inside the building. Correct, yes. Okay.

1:43:42There was two other things too. So there was also about the indirect access li Over here direct you

1:43:49mean direct access to

1:43:50Waverly.

1:43:52Your agreement that we would modify A of your D restricting to say shall prohibit all indirect or direct access to Waverly? Yes.

1:44:02And then the last one was the wall versus the fence. It's a fence. It's a fence. Yeah,

1:44:08the

1:44:08the last

1:44:08that's not the last one. The last one was the control of the

1:44:12Well I'm sorry, not the order of the conditions. That was just the last one on my list. Uh let me and you all the experts on noise, I'm not, but um If hypothetically the fence on the adjacent C two parcel were removed Is that going to be Now it's the source of visual or noise intrusion. I mean because technically these deep restrictions only apply to the site you see. Right. It doesn't so my question is

1:44:42I understand there's a fence there

1:44:43currently. So you're talking about the fence over here. Right.

1:44:45My question there's nothing that requires him to keep and these restrictions that require him to keep that fence up. And my question for you all is, do you want er him to agree to keep that button swap? Yes. Because if it took if it comes down I don't know if you still get the same visual and noise green.

1:45:02I mean is there gonna be a fence right here along this line?

1:45:06Well the current line there's no restriction well and to Mr. Moody's point earlier, we actually may require some interconnection, yeah. So I don't know that our code would require a fence between commercial and commercial. Okay. So if you want something from a fence perspective other than the piece uh in front of Waverly here, you're gonna have to probably put it in this deed restriction. Because technically he could take down that fence

1:45:35Well and does he do you own that property, the commercial property immediately to the west that we're talking about? Yeah

1:45:41but he does. This he does. This is C two. The one out of the books. This one C two C two. And the top of it C two. It's all T two. But you own this one, that's C two.

1:45:54Yeah, I guess and that may become the stormwater pond for

1:45:56it's not shown on this site plan, so putting a fence between them might create a hindrance to that.

1:46:04But we need a fence on Waverley, we need a fence on Shaw, right?

1:46:09It's currently we have a Vince in Shaw and Wilberley and fifty four. And that's

1:46:13where we're going to be able to do that.

1:46:23So you can't assume unless it's in the D restriction, you can't assume that the existing fence will stay. The only thing this requires is a f that has to stay is the fence along Waverly for this site. So if you all want something beyond that, then you would it probably would have to be in the D restrictions. What

1:46:41kind of buffer does he have to have along Shaw?

1:46:45I think they say it's uh three every twenty foot.

1:46:51Yeah, if somebody I got a question on buffering too. If somebody can come up and answer questions on buffers

1:47:02Yeah, I guess I'll get my question out there first and I know John's got a question too, but if this was a auto service station, the code would require a type C buffer, is that correct? And the the deed restriction, the voluntary deed restriction asks for a type B buffer. I think personally I think that should be a type C in the voluntary deed restrictions. I don't think this is that different than an auto service station. So auto repair shop. Of

1:47:29course that definition may change in the next hearing.

1:47:32But I mean we're we're voluntary due restrictions anyways, that's just my opinion. I I don't know if

1:47:37Sir, do you know the difference between a type B and a type C? What's different? Okay, we probably need to get Brad up here to see. If you're gonna have him voluntarily agree to it, he should know what he's agreeing to.

1:47:48I agree. Brad Tippen, uh the Planning and Development Department, at least for a few more days. Um this is probably a situation where just referencing our standard buffers is not gonna be sufficient. What we want to do is is reference a buffer, perhaps the type B buffer, uh, but then mandate or request something specific. Like instead of just a six foot screen, request it to be a tender block wall or or something along those lines, make some of those very specific changes uh

1:48:18that we can then impose because I don't know that the the the different buffers really fit this situation well.

1:48:26So the the only difference I see in the code when I look at the difference between a B and a C is the width going from fifteen to twenty and the tree required every twenty feet in a type C versus every thirty feet in a type B. They both require single row evergreen shrubs, they both require the six to eight foot max opaque fence, wall, berm or hedge. So I mean yeah he's he's already agreeing to the twenty feet, but he's agreeing to a B. It just didn't personally make sense to me on the

1:48:52C Uh there there's a there's a difference in in practice. I know sound quality was one of the sounds one of the issues between a a vinyl opaque fence and a block wall or a brick wall. So those are the kinds of things that you could make, those decisions you can make here that you can actually upgrade those buffers without really just referencing specifically. You know, an extra tree may not make a difference compared to it being blocked versus vinyl. Those are the kinds of things that you could do to to improve. That is.

1:49:19I I will point out that here on this side across from uh Shaw is this is commercial, but this right here is residential.

1:49:28Yeah, that's that's that was the reason that I asked him

1:49:31about the corner of the bar.

1:49:33At the north corner. Yeah, at the north corner here.

1:49:36But not south.

1:49:37Yeah.

1:49:38And right next to me for all the way to the left is an RV car. And he has a can buddy shop. He does everything and everything else.

1:49:54Okay, so

1:49:56we need to be specific about the wall. Well You all need to decide whether you're okay with the buffer that's in there now for Waverly, but you also need to decide do you or do you not want anything on Shaw or the portion of Waverly that's outside of this site.

1:50:15My personal opinion is that he should at least have the same buffer along Shaw that he has on Waverly for at least that portion in front of the building and that portion that it that abuts the residential across the I agree. I understand if there's a bar up on the corner even though he doesn't really need to screen the thing from that, but Yeah, at least

1:50:37have it.

1:50:39South of his entry point, basically. That's what it looks like.

1:50:43Fencing here. From the entrance on the guess.

1:50:46So in

1:50:47legal

1:50:47terms,

1:50:48opposite the residential

1:50:49zoning district on the opposite side of

1:50:51Waverley. Okay, but so you want the same buffer there as you want a waiverly, so then you need to what is the buffer you want on waiverly?

1:51:01Yeah

1:51:01we need to see if he's in agreement

1:51:02with all this.

1:51:04Oh a block wall would be preferable.

1:51:10That might just find the name. Maybe we should build the wall.

1:51:16We we've had situations before where we've we've made them build walls so I think that's

1:51:19independent. Sir Sir are you willing to build is it a six foot wall you're asking for? Yeah. Sorry, we'll only build a six foot wall on Waverley and the portion of Shaw that abuts the residential area. Six foot fits. I'm sorry, what? Six foot. We're asking

1:51:38for a masonry wall. I I can't do a wall for all this piece. It's like I never see a wall in the whole. Basically this portion right here.

1:51:48Look look.

1:51:48Yeah, I know what we're talking about. But I never see a wall in the whole entire yeah yeah. It's like there is no wall whatsoever. There's not an auto repair shop in the area. There is. Right next to me is our repair shot right next to me like wall to wall. Right here. Right go to the left. Here? Yeah it's right there. It calls R V, you can put it for the map. Does it uh does it abut Waverly? No, it's in the fifty four and the back of it. That's up on fifty four, that's farther away. But this is not on Waverley.

1:52:19This is in fifty four. If I could

1:52:20buffer they're asking for is on Wav the buffer to Waverly. That other side you're talking about doesn't even above it.

1:52:28The back of it is in Wibber if the piece of it

1:52:31is the special exception thing, come back and do that. That That way we can kinda

1:52:38There there's another residential lot behind that shop that abuts Waverly. So it doesn't directly abut Waverly, that shop.

1:52:49Uh if he's not in agreement for a wall you can't under this particular approval you cannot make it you cannot make him new

1:52:55suggesting maybe we oughta go drop back and go take the alternative motion might be a better approach. I I don't know.

1:53:08If we do that then that doesn't really change your options. It m it you know just means you're gonna have to build a wall. So um I

1:53:17go with the wall. Six foot wall.

1:53:21Okay. Just in that section we're talking about, not the whole thing.

1:53:25Yeah, the section on Waverley, yes. Shwav

1:53:27Waverley and then From Waverley fr uh up shore to the where your entrance is.

1:53:32Yeah, but if I'm gonna do wall here I'm gonna do wall all the way.

1:53:35No. Yeah. Just to your entrance.

1:53:37Yeah, just

1:53:38to the end yeah. That's all you

1:53:39just require. If you want to do it more,

1:53:42just want uh that to be the minimum. This color to be a lot,

1:53:44okay.

1:53:47Okay

1:53:47about the last thing we didn't really address is the existing fence that's on the C adjacent C two parcel, do you want him to keep it up or are you okay with the just leaving addressing it? Right.

1:54:03You mean that the narrow piece?

1:54:05Which fence are you talking about? You talking about here?

1:54:08Yes. Yes. Currently these things don't address what happens on in terms of buffering. The only reason I bring it up is because arguably if there's a resident sort of categorner to the site, that fence may be blocking their view and providing some noise some some level of noise abatement. So

1:54:29And I hear you and I'm And I'm sympathetic to it. But the one thing I'm thinking about is if he owns it and he were to unify title to all of his property and like I said I there I don't don't see any stormwater on his concept plan and I can see where that becomes the logical place for a stormwater pond in the future.

1:54:50Well and to be clear I wasn't talking about the fence between the repair shop.

1:54:57Yeah, a lot of things. Talk about that fence.

1:55:00Technically there's nothing in here that prohibits him from removing that fence.

1:55:07That's the one problem with all this stuff being under separate ownership.

1:55:15So Lehman Divine Planning Development. Um I I will say that um we did have a meeting to revise and discuss deed restrictions. We did discuss the applicant to revise his application if he wanted to bring in all of those parcels. Um but that would have caused a delay. He didn't want to delay it anymore. Um so I don't know if you want to ask if he wants to revise and bring everything in. Together and

1:55:40rezoning everything to see.

1:55:47keep up the fence on the adjacent parcel. I don't know that he necessarily has to bring it in for the zoning purposes. But then it then just means we're reporting a deed restriction on two properties. Well it it's basically an obligation to it's sort of an off site obligation of this site.

1:56:04David, does it create any problems that but what if he sells that property and it doesn't have any other access other than off of Waverly?

1:56:13Well he's not gonna have to come back if he wants to do it. If we require

1:56:18a fence to be put there. I mean, yes, you could to the Chairman's point he could come back and have the due restriction modified, but um I well, it's c it's up to the Planning Commission. I mean you all were pretty adamant about them this site not having access to Wibberly either indirectly or directly. Right. So I think that's where we ought to keep it. So no, I know. So

1:56:44If if you say that that piece can access Waverly So just tell me from

1:56:50a legal if if we ask him to voluntarily agree to leave the fence along Waverly on the other parcel, does he have to record a deed restriction against that parcel as well?

1:57:04I think we would reference the parcel ID in this deed restriction. But he's uh

1:57:10In other words, this deed restriction would encumber both. Yes. Okay, that's that's the question.

1:57:15But in the property record for that, he's not listed as the owner. Oh he's not.

1:57:26Yeah, I mean his parcel is kind of the backwards L. But the property next to it is Sam Gergas based on what I'm seeing on the mapper. Yes, correct. That's sure.

1:57:38Is that your brother you said? Sam is my brother, yeah. Okay. W so what are you what are you and your brother going to do with that parcel and do you intend to keep the fence up?

1:57:51Yeah, I don't it's like the fence I can keep the fence up. I don't have to take it down.

1:57:56So your any any use of that parcel that you're going to make would be through the repair shop parcel. Yes. You're not gonna try to access from that. I understand your residential one's different. Okay. But for your commercial piece you have no intention of ever accessing Waverly.

1:58:15No, I don't have to. I don't I don't I don't use Waverly. Like that's what I'm trying to explain. Since I've been in that area for eight years, I just shot Waverly. I used to use it first and then the tow truck make lot of noise and the tow truck is heavy, the road is narrow, I stopped doing it. I used the 54 and then after I have all this problem with traffic, now I use shock. Because like I said, I bought these parcels like year after year. So I didn't buy all

1:58:43of the

1:58:44things.

1:58:44Let me ask you a question another way. Okay. If you have to put up a wall on Waverly for this piece For the piece next door, would you just leave the fence up or would you put a wall there? What would you do? I'm I'm asking for your I leave the fence up.

1:58:58You would just leave the fence up. I

1:59:00leave

1:59:00the fence up. I'm not gonna touch Waverly. I don't I don't have any business with Waverly. I don't need to do. I don't need to go there.

1:59:07Well. So you would agree in the D restriction that you would leave up the fence along that parcel? Yes. Your brother's parcel? Yes. Could you could we get your brother to sign the deed restriction too? Yes.

1:59:18Eventually I'm gonna put that but you can't just combine these because that's a different subject, right? We're talking about that.

1:59:26I understand but my I have a legal problem with with you committing to something on behalf of your brother. So would would you think your brother would be willing to agree to also sign the deed restriction.

1:59:36Agreeing to leave the fence there. So

1:59:38you'll

1:59:38leave up the

1:59:39fence along. It's mine. I'm I'm moving the title like during this time. I think you can get the owner

1:59:45of that parcel, whoever it is.

1:59:46He can, he can. Okay. Yes, he can. I got he got no problem, yes. Okay. Yes, he can. Because it's mine. It's like under his name, but I never got time to just move it. Yeah. Yeah. So he actually he doesn't live in Florida. He's an Alabama.

1:59:59You're sure you're willing to leave that fence? Up on that portfolio.

2:00:03Okay. Anything else? That's a pretty

2:00:08pretty good list.

2:00:12So I think you're gonna need to give I mean if that's I don't know, did somebody make that as a motion?

2:00:19What about no yellow cars or something like that? Is it

2:00:22okay? Is it okay if we clarify the voluntarily agreed upon data restrictions, please? And I can I can clarify them and you tell me if Go ahead I'm correct.

2:00:35First one at the Sig Preliminary Site Plan Submittal approval, the owner applicant shall prohibit direct or indirect access

2:00:44Yes.

2:00:45Second, at the time of preliminary site plan submittal approval, the owner applicant shall provide a six-foot high wall. along Waverley Avenue and along that portion of Shaw Avenue that abuts a residential district.

2:01:01Yes.

2:01:02Okay, thank you. Um doesn't look like we touched on C. Um hours of operation shall be limited to seven AM to seven PM Monday through Saturday and then we'll write something that they're not gonna be open on Sunday. Um then there is gonna be a voluntarily agreed upon deed restriction that there shall be a 25-foot setback. From the property line facing Wa Waverly Avenue. Then we're also going to add with

2:01:33proper language that there shall be no overhead doors facing Waverly Avenue. Correct. Did I miss anything?

2:01:43the requirement to maintain the fence on the adjacent par whatever

2:01:47parcel

2:01:48ID that is that

2:01:49adjacent parcel. Shall maintain fence along parcel I uh along the western portion of the property that abuts parcel ID number da da da. Yeah. Okay.

2:01:59And then the only thing we we didn't really address is existing sea which That's the Jamie Girardi question. Right now it says they have to write a tight B buffer with shade tree every twenty feet between I'm assuming that would now say wall and Waverly, but Thank you. Is there are we changing that in any way?

2:02:29Well the walls are dealt with another you you still you have to change fence to wall. The question is what landscaping do you want in addition to the wall, and then do you want the same landscaping on shawl?

2:02:45Well. Mm the wall addresses part of the con my concern with the the thickness and the density in the buffer. So if he's agreeing to do a wall, I can live with a type B buffer.

2:02:57Okay, but do you want the type B buffer on Waverly and Shaw? Yes. Anything adjacent just like the wall. Anything adjacent to the residential.

2:03:06Yes. Okay. So Denise, did you get what how C has to be modified?

2:03:11Yeah, so uh C is gonna continue to be a B buffer with a shape with a shade tree every twenty feet between the wall and Wall the and Waverley Avenue and the Wall and Shaw Avenue.

2:03:25That sounds right.

2:03:29Only Shaw where it's adjacent to the residential district.

2:03:31Okay, we we'll use similar language uh along that portion of Shaw Avenue that abuts a residential district. That's right.

2:03:38So I'm gonna ask you all one last question and hopefully we're done with this. Did you all want to deal with I I get that he may have a door in the back of the building for whatever safety reasons. If I was the neighbors though, if that door was left open all day long while they're doing repair work the noise might be just as bad as if Yeah, the I mean, should there be something addressing

2:04:06I hear you and I would tell you I'm hesitant to do that. The last when he was when we were here the last time, we talked to the code enforcement officer and even though auto repair has to happen in an enclosed building, they don't go run around and make sure they have their doors shut while they do that. The other thing is I don't want to create a situation where a neighbor is

2:04:36calling code enforcement every time someone opens up the back door and says he's in violation of his deep restrictions or

2:04:45I

2:04:45guess if he deep

2:04:45restrictions.

2:04:52thirty minutes at a time during the hours.

2:04:57I'm not concerned

2:04:58with that.

2:04:58If you're not concerned with it, it's fine. I just wanted to make sure that

2:05:04We were trying to providion and I think

2:05:07to gentlemen's been recently. More than gracious. The only thing though that we didn't we're saying that there's no bay doors facing Waverley. We didn't say anything about Bay Doors facing the residential portion of Shaw.

2:05:22Well I don't think it'd make much sense to to do that if I was gonna put that bu there's no room to pull vehic vehicles in enough.

2:05:31So

2:05:32not that it

2:05:32couldn't be modified but Yeah, so I mean

2:05:36I don't think it's very practical.

2:05:39But again this is for the pro not necessarily just for him if anybody else buys the property in the future, you know, so and they want to move the building around. But we're gonna have a wall there. Yeah. We are

2:05:48gonna have a wall. So I I don't think we can protect against every possible, you know, perceived offense that may or may happen. We we have to do the best job we can here with what we've got and I feel

2:06:04like we've done it.

2:06:05Liam, question for you. He won't be able to do auto body repair work, right? It's just general maintenance. There's no autobody? No, that's not a permitted use in C two.

2:06:15Sorry. Yes it is. Sorry. Oh it is. Yes. That is a permitted use in C two. And it's not one of the prohibited uses that's listed in the

2:06:24What

2:06:24would be in the deed restriction disallowed use the principle, yes. Objection

2:06:28for of auto repair versus auto.

2:06:30Just painting painting in the legs, uh air air air discharges and like I mean it's that gets kinda it's it's a lot different to do auto body repair than it is to just generate this on a do they have

2:06:40to do that in like a contained

2:06:42use or something? If they're painting they're gonna have to it's gonna have to spray completely enclosed. So have to be permitted, they'd have to have a separate air permit for that. So I mean it's I I guess it's just it it's a more intense use.

2:06:58And that would be controlled by other agencies, right?

2:07:01They'd have to get an air permit. Yeah, but

2:07:04it's not nothing. It's nothing we need to condition here. No.

2:07:06Right.

2:07:07Or not condition it, but it's more

2:07:09of a question for your answer than but it is a more intense use.

2:07:16Okay.

2:07:17Do we

2:07:18recover everything?

2:07:20Mm-hmm. So do we do you have you're clarified on your list of deed restrictions? So this will be the case.

2:07:25If you were happy with everything I said and and I took note on the corrections, yes, thank you so much. And

2:07:30I would move to approve item P twelve with the

2:07:36Voluntary deed restrictions that Ms. Hernandez will now read into this motion.

2:07:42Well she kind of already did. You want to read it again? Well let's

2:07:46make sure that the applicant agrees

2:07:48are voluntary. Okay. So listen carefully to Mr. Nandes, make sure that you're right.

2:07:52Yes. So the applicant has voluntarily um agreed to record a deed restriction to the property, providing the following use restrictions. At the time preliminary preliminary site plan submittal approval, the owner applicant shall prohibit direct or indirect. Direct access to Waverley Avenue. B at the time of preliminary site plan submittal approval, the owner applicant shall provide a six foot high wall. along Waverly Avenue and along that portion of Shaw Avenue that abuts her residential districts. C.

2:08:23At the time of preliminary site plan submitted approval, the owner applicant shall provide a type B buffer with a shade tree every twenty feet. between the Wall and Waverley Avenue, and between the Wall and Shaw Avenue, along that portion of Shaw Avenue that abuts a non residential District.

2:08:41Residential district.

2:08:42I'm sorry, residential district, I apologize.

2:08:46D. The hours of operation shall be limited to seven a.m. to seven PM um s Monday through Saturday and and shall not be open the location shall not be open on Sunday. Uh E, there shall be a twenty-five foot setback from the property line facing Waverly Avenue. E, the following uses are prohibited. This is your normal D D restrict your I'm sorry, this is one I'll be F, car washes, gas stations, drive-thru restaurants, self-storage facilities, freestanding recreational vehicle, boat storage, and

2:09:16C2 General Commercial District Conditional Uses and Special Exception Uses as listed in the Pasco County Land Development Code. And then G, there shall be no overhead doors facing Waverly Avenue. Then, okay, sorry, there's one additional one, which is the owner applicant shall maintain fencing along the western. um parcel f a w the western property line facing parcel ID number fifteen dash twenty six dash twenty one dash zero zero one zero dash

2:09:46zero zero two zero zero dash zero two zero zero.

2:09:49It would be the southern property line would not

2:09:52That was the western property line.

2:09:53Well it's the west the property of the west, but it's

2:09:56to the west of his property.

2:09:57Yes, west of his property, but it's the southern property line on that.

2:10:00Southern portion of the western property line. So the needs on the live

2:10:05local the southern property line of the partial.

2:10:12Okay.

2:10:12Yeah. And on the last one, Denise, I think it should say existing or better fencing. Like I don't know. If he wants to put a better fence up, I don't want to walk to the stop him from doing that.

2:10:23Okay, thank you. And then the your live local regular deed restriction.

2:10:30So you're all good with that.

2:10:31Yes, I agree.

2:10:34Okay.

2:10:36I'm gonna try to type this for you. Okay. We have a motion and a second. Any further discussion of the motion? If not, all in favor, signify by saying aye. Aye. Aye. Opposed, like sign. We're scary.

2:10:52So I would like to remind Mr. Moody of this day next time he says he doesn't like volunteer they read too deep.

2:11:05I would have gone to the special reception

2:11:07condition. You

2:11:09are

2:11:10that

2:11:10oh that's that's a nice idea. And thank you to the applicant for being a good neighbor. We appreciate it.