ZONING AMENDMENT (CONSENT) - 1936 Abacus Road Land Trust, - Change in Zoning from a C-1 Neighborhood Commercial District to a C-2 General Commercial District - Southwest Pasco County - On the East Side of Abacus Road Approximately 230 Feet South of Mile Stretch Road - Containing Approximately 3.91 Acres

39:15All right, moving on to item PC four. PC4 is PDD 27463. This is the name of Abacus, 1936 Abacus Road Land Trust. It's for a rezoning from C1 Neighborhood Commercial District to a C2 General Commercial District. It's located in southwest Pasco County on the east side of Abacus Road, approximately 230 feet south of Mile Stretch, and it contains 3.91 acres.

39:45Um the the current use is C1 uh neighborhood commercial. Throughout the years this parcel has been a um a a social organization. I believe in the past it's been a combination of Moose Lodges and Polish American Club and different things of that sort throughout the years.

40:06And um the applicant has uh

40:12Submitted on the on your finding of fact number eight. It specifically states that Abacus Road is a substandard road and the applicant will be responsible for improving Abacus Road to County standards. And a substandard road analysis will be done at the time of a preliminary site plan if the item is approved. We don't have specific um request as far as a specific use that the applicant is proposing at this location

40:43is just l looking for uh C2 general commercial uses. There is a a history in the area of C2 uses and C one uses as you can see. And um it comes to you with a recommendation of approval. Um it also is ROR retail office residential, future land use. And um here for any questions you may have and I believe we have some folks in the audience who have some concerns.

41:09Okay. Any questions for Denise? Okay. And is the applicant present?

41:17All right. You wanna come up and tell us what you're gonna do there or you're the applicant?

41:23I'm sorry.

41:35Nabi Elbasta. The address is [address removed].

41:40Okay.

41:41We purchased a property in 2017 and we did a lot of innovations to it to bring it up to where it's uh what would look good. It's been vacant. since twenty seventeen and recently we got approached by an a uh an air conditioned company to come up and have an air conditioned uh facility where they have um uh units and parts and stuff of this nature. Then I found out that we don't we're not zoned properly for that. F uh we filled the application and I know we have some audience that would like to say things. And maybe if uh the

42:11uh address their issues, I'd like to come back and then give 'em uh Just the answers that you would like to hear. Any

42:17questions? Any questions before your kids down? Okay. Yeah, ha ha have a seat there and we'll get some questions up here for you to answer. All right, so who among you would like to come up and start the questioning?

42:37My name is Ruth Wells and I'm with Sunrise Square Villa Condominium Association and I'm the president of the association and I'm speaking on behalf of the homeowners. Uh we went on Google Maps to bring up the um property in question and we saw that it was a it was marked as Tampa Drone Clubhouse. So I printed it out. and I looked up drones and drones do

43:07have cameras. And the community was concerned of their prophecy They um We are a 55, an older community. We have 76 units and 17, I'm sorry, 18 of them, but up to the building, which is only 60 feet from our building to their building.

43:34Uh Denise, can you mind bringing up that area also so we can give a visual?

43:41Mm-hmm. Thank you.

43:46So as we're looking at this area, you're to the right, you're that or group of the easy.

43:50Yeah, that we we're seventy six units in that community and eighteen of those butt up to 'em. They're like three and four units in a little pod that you see there. Right. And uh The people are very concerned about using their Lanas. On the back We're older community. They don't go nowhere to the doctors to the grocery store and they use that lanai quite a bit. They

44:20use they go out for breakfast, sit on there, read books, have their dinners out there, and they're quite concerned about that from going from a C1 to a C2. And we know there's C1s and C threes. in that community and we are the first residential piece of property that starts the residential. So we are very concerned, the seventy-six people are very concerned that

44:51it could devaluate our property in some way. We don't know, because we don't know really what's going in there. And um I talked to Miss Um Davis um On two four, I received a call from her about the property in question and um They don't really know what's gonna go in there, so that leaves a question mark as to what will go in there and what we because once it goes to zone

45:21three, we don't know if it could be possibly I'm not saying anything bad about anybody. It could be a motorcycle club. Good and bad? But the noise would Really disturb the people that live there. Uh, because they don't do nothing. They stay in their homes and like I say, they don't go nowhere. But they use that Lana and that's a little bit of pleasure they get out of it. And um if it was something that would be used to like store

45:51boats, RVs, cars and something like that, it'd be better than say a club because that is landlocked property and there's no frontage where they could advertise or anything. So um I like to submit a copy of what I've got to the to um Uh Christina, if I may. Sure.

46:17Pardon me?

46:18Thank you, because she wants to record and file.

46:20Okay. Yes. Move the receive and file. Do I have a second? Second. All in favor? Okay. Go ahead.

46:29Okay. Um also have um Mr. Henry Clark, who is our secretary, would like to say some things too. Thank you.

46:38Okay, I just I quickly just ask you ask you a question. You mentioned drones. Is that the specifically the thing you're concerned about? Drones?

46:46Well we're concerned about the noise of the drones and them flying over into our area and say they they crash or something like that and they're on our property. Do we get to keep 'em? Do we get to put 'em in our pool, you know. And then they also have cameras. I mean, I understand the drone people who like drones. I mean if I was younger I probably wouldn't want myself, but not the people that live there. They are very concerned about their privacy. Not that they're doing nothing, but it's just like a

47:17annoyance for them to go on their Lanai's and in the back and it is in the back. If they're gonna read a book, which elderly people do read a lot. You know, so and then they watch T V out there too. You know, they have little T Vs out there and Um, they have their lunches and dinners and breakfast and s whatever they do and um That's their concern about Is it gonna down the value of our property? You know, they don't have enough

47:47monies to move again, you know, they're on fixed incomes. So that was a concern about What is the principle of turning it into a C two and not leaving it a C one? You know, 'cause once it's sold, it's sold and we have no say.

48:04Yeah. Just a question, uh uh Denise. Um, if it's zone C one now, do they automatically have the right to use it for a club?

48:13Right. We understand that. No,

48:15I'm asking the expert there.

48:21Yeah, uh basically it has a special exception approval on the property from very late seventies for a fraternal organization, social club. So it's kinda like a big umbrella. Um at that point it was supposed to be a moose lodge but it the special exception is not specifically just to the for the moose lodge.

48:39But it has to be a fraternal organization.

48:42It could be a fraternal organization. Okay.

48:44All right. D Denise, I one quick question. I want to see if I heard this correctly. She indicated that it was landlocked.

48:52Well uh there's actually if you

48:56Is there an easement? Is there a road?

48:57Yeah, there's actually a road, Abacus Road, which is in in substandard condition. It's in poor condition. So uh it's not landlocked properly. It is not landlocked properly.

49:08But they don't own the road.

49:10No, w we know. We know that, yeah. Okay. Uh anything else? Um any other questions from up here? Thank you very much for coming. Who would like to be next?

49:26Hello, my name is Henry. Henry Clark. I live at [address removed], directly behind, next to the to the property in question.

49:37My home along with seventeen others butts right to the back of of this property. And um our concern is for noise, um and our concern is for um the valuation of the property like like Ms. Wells said. Um once we can no longer go out on L and I then um we lose the use of the Lanai and of course it it uh reduces the value of the property. Um Additionally noise

50:08ordinances won't really apply uh to us because I'm home all day. Many of us are home all day. We're retired. And so any noise during the day, I know there are noise ordinance for certain times of the night, but it's not gonna help us much at all. So we just want you to please take into consideration the residential area directly next to this property when you make a decision. Any questions?

50:36Yeah, well um I know the applicant has indicated that they're trying to put a air conditioning company in there. Do you have an objection to that?

50:46Not at all. That'd be great. If it's a regular air conditioned company where they come in in the morning, get in their trucks and then leave, that shouldn't be an issue. Uh there is one already adjacent to our pool is an air conditioning company there and like they come in the morning, get in their trucks and leave and it's not a problem for us. Okay.

51:06Any guy qua I'm sorry you can't speak from the audience and you only get to come up once. Otherwise we can just keep going all day long and all night. Thank you. Um thank you very much. Mr. Clark.

51:20Um did you have somebody else that wanted to come up and ask a question? You can pass him your question.

51:32I don't blame Excuse me Mr. Chairman

51:35Mariano.

51:36Okay, do you have a motion, Mike? Food received file. Second. All in favor? Aye. Aye. All right. Anyone else that need what wishes to ask questions? If not, the applicant will kind of come forward here and enlighten us.

51:53Hi Ruth. Hi.

51:56I've seen you before. You can help us in our three.

51:59Uh been a good neighbor.

52:03When we bought the property four years ago, oh we know how display uh being good neighbors. Uh to give an example and have some pictures to prove, I think Ruth uh we did meet before uh and a half pictures of that uh at tree fell. When she called we didn't send the crew. I went with the crew and we shook hands and picked everything, left the number she knows she can call any time and we've been in good relations since. Outside uh the other side of the property there's a school and I have pictures here. Uh the school

52:31the monastery school, yeah.

52:38And Ruth probably can can vote for that. They don't have any parking at all for their uh for their staff. So being a good neighbor again, when we put the fence behind, we give them a piece of our property to use it for their uh teachers, for the teaching staff, for the parents, for safe in and out for the children. We don't make any money of that. This is just a strictly being good neighbors and I think Ruth will agree with me.

53:00You gotta keep speaking in the microphone.

53:02And uh I get some pictures for that. So being a good neighbor that's what we're all about. We are we've been in a community for thirty years and we have very, very good report. Uh as a matter of fact I brought in extra business cards just in case if somebody has any issues, they can call us. What come out, we'll take care of it. Uh when we realize um and I understand uh some concerns about the noise, but I want to go back a little bit. The Moose building it's built in 1971. 71. The subdivision uh behind I think it was constructed in eighty one, eighty four, eighty two, eighty

53:33two eighty two. And then the south end of uh the the whole subdivision like below that lower line. This is all the C2 and I think C3s and I brought some pictures for that. And the other side of the the the Ruther subdivision is also a C three. Uh we we're not even going for that. We're going for something where we can actually uh benefit the area. Uh the area and probably you can attend the the condition of the building when it was moose club with uh all

54:03the noises and this and that it hasn't been.

54:05I'm gonna have to get you a microphone like an MC has where you can walk around the room and talk but you gotta speak in that microphone

54:14Okay, well I'm not gonna look this I'm gonna look at you. So everything we've done to the property to make it more secure and more appealing. Um but I don't think by any means we're interested to bringing something to what it was in the past. Although it's been a moose club since seventy one and s some of my family members are moose members, but Uh there was a lot of things going on that I I would it would raise concerns uh as R uh Ruth said, We're not going this direction at all. We want to go with a uh a qualified business to go in there

54:44and then make the area better, more tentative. Um So w if we address the the noise issue also addressed we've been there since the building has been there for for for twenty uses since nineteen seventy one. The subdivision came afterward. Uh matter of fact, even all the C2 and C through around, this is all in the early to mid-70s. The subdivision came in after all of that, knowing this area, and they've done a fantastic job. If you drive around Ruther's neighborhood, it's absolutely magnificent, beautiful

55:14place in the middle of holiday where you can think this is not holiday. So they did a fantastic job of adding value, not taking away value. probably will have issues with needless to say the area what what the area is known for. Uh when we have active traffic going in and out uh it it will improve. It's also directly where uh the the area where we have uh and I brought some pictures There's actually a gate. There is a gate uh between the subdivision and

55:44the moves and that gate and the key uh we don't have access to that. You have it. Uh we've been in good relation for a long period of time, evidenced by that. So if we are fearing noise I think Uh we address that. If we're fearing um devaluation, I I it's definitely not uh we we're going to improve the property where it's actually more value and it brings more value. Uh and again we're very approachable. We live in a neighborhood. Like that neighborhood, but we live in a neighborhood. We're very approachable and we're hands-on on us evidenced by the incident

56:15we just met. Questions.

56:18Okay, questions from up here?

56:20So I have a couple questions. So you're going to be renting this out to

56:28We are when uh the the the chain of events the chain of events when uh applicant comes along when uh we we okay let's see if we can make that use. So the applicant that came along is in air conditioned business. When we checked we said the zoning is incorrect. We have to do we have to change it from C one to C two. We filled in the application and we started the process. And it it gave us a chance to reach out to the neighbors to know who we are and and we're here to take care of all the small details. We're good neighbors.

56:55So you're gonna continue to own the pizza property?

56:57I have no intention to sell it.

56:58Okay.

57:01Any questions? I I have a couple of questions. Anybody else have questions?

57:04The only question I should have is the road. She indicated that we it

57:08was

57:08a private road and before that it was a landlocked piece of property. Who's gonna have rights to the road? And is that gonna be a dispute down the road?

57:17Uh and let's highlight a few things real quick and I don't know if I can Maybe you can help me.

57:23Okay.

57:24When we and Ruth also please just uh make sure you remind me if I miss something. Right in Yeah. Like right in front. That is a uh in front of the building in the top. This is um Fifth third bank. That's a bank. And then to

57:45So when we look at the east side of the bank these side of things. There's actually a driveway. So coming out of the property there's a driveway to go out. Along the other side of the bank, this is the Abacus Road. And that goes in right to the property. So Uh like think indirectly as if there is a a U, big U and in the middle of that U there's a bank. I hope I answered the question correctly.

58:09Abacus Road is a is a public road. Yes. It's not it's not a it's not an easement, it's a public road. It's just not paved.

58:18So so in and out uh the point is there is there's sufficient entry and exit, right?

58:22Here the the uh You know, my only concern is C two gives you a lot of latitude in terms of what you put in there. You know, there can be a lot of things that can go in there besides an air conditioning company. And you know, you get along great with the neighbors. But what happens if you get run over by a truck and somebody else takes over? They get it's gonna they're gonna have a lot of latitude there in terms of what they can put in that building. Am I correct, Denise?

58:53If if w if we uh the uh uh uh I I'll maybe you can help me say it because sometimes I say things uh th to make things better and then it goes the the wrong way. We all did. Um give it a go. Like one of the concern I think was w we were talking about or heard from Diana is um motorcycle club. um or things in in this nature that has the the club uh thing. I couldn't agree with you anymore. I really couldn't. You're absolutely right, this

59:20is home.

59:24Right. I mean I understand that's the main concern. But let's take this f one step further. If we decided to go these directions by another applicant They have to come in and fill in applications to be granted a liquor license. We all know how difficult that is, and it's not gonna be taking away from you. or any of the residents around if if somebody comes in with a to apply for a liquor license, that process we all know it's healthy. And it it's very it takes a long time and there is plenty of ways where you can actually trip that. There is a school

59:54in the front. and residential directly in the back. I don't think there's a slight possibility to get liquor back in that place. It's lost for good.

1:00:03I didn't say anything about liquor. I said if you get a C two zoning, mm-hmm there are a lot of different uses that are approved for that C two zoning. Some some of them would not be w that would probably be objectionable to your neighbors. Once we approve it, it's approved. So that that's that's my only concern. We're we're not limiting it in terms of your application, it's just C two. So they're they would compu be completely dependent upon your goodwill,

1:00:34but the fact that you still own it, someday you won't still own it. We all know that. So um that's that's my only concern in being concerned about the people that live next to you.

1:00:50And probably the people on this board would share that concern. So I don't know if there's any way we can um

1:01:00Well, just like the last gentleman, if he wants to agree to a deed restriction that restricts the uses of the property to something less than what everything the C two allows, we could do that. Denise, were you gonna say something? I

1:01:14just clarify the record.

1:01:17Sorry, can't have it.

1:01:18Okay, I just wanted to clarify the record because there is there is a special exception over this parcel for a for eternal lodge which also falls under recreational and social club. So that if someone, including a motorcycle club, wanted to come in tomorrow that there's an approval over that parcel for that use. And that use entails alcohol. Which is an 11CX license. It's a a license for a fraternal social organization.

1:01:49And as it is today. We would sign off on that. License. So just wanted to clarify that for the record.

1:01:58So but to be clear, if he entered if he agreed to a deed restriction, it would supersede that was more restrictive. Yes. It would supersede that. So he could agree to a deed restriction that limits the uses to just an air conditioning company or some other similar use case.

1:02:17I mean I'm sure he and Denise could work out the appropriate language, but if that's a concern he but he would have to agree to that. You can't condition a Sony on that.

1:02:27You can deny it, but you can't condition it.

1:02:30Okay.

1:02:38So will you agree to that condition to derestriction, restricting it only to a usage similar to a air conditioning company?

1:02:49What do you? We we struggled to have a tenant in this property for four years. We struggled. The type of the building is 15,222 square feet for a single tenant. It's been really a hardship to have anything done with that. And then year day in, day out, it's been very, very difficult to find qualified tenants to come up and do anything. So further restrictions were We'll just keep things the way they are and then hopefully uh

1:03:20another club will come in and will rent it. But why

1:03:27I mean I understand. I understand our concerns from the homeowner's position behind that what goes in front of them. But can we just remember one thing? That existed as a club since 1971 when it was built. And we're not even going that way. We're trying to widen the the broad spectrum or maybe what tenant would we commend and be interested in this? Because my understanding C one it's very few people will qualify will qualify for that. We even approach the the C We uh the nice

1:03:57couple in the front that owned the school, we approached them and said wouldn't work anything with you, it's just Just come up. What would it take? The building is too big.

1:04:08The building is too big. And and we t we tried churches, uh, we tried uh we tried there was it four years is a long time. And and we're active in the business. It's not like we know how how to put the pro uh property out, how to look for prospective tenants how we know how to do that. But that's a very challenging situation because one And let's all agree it's not a good location. It's not on nineteen. It's not even on a road that comes off nineteen. Less on the world that comes after that. Tucked then

1:04:38in an area. I um it's a product of ownership when we look behind where Ruth Lives and the other eighty-seven people. But then when you look I don't know if I can put the picture back, but if you look at that one straight line of uh mobile homes, we all agree this is not very good.

1:04:54So it means very ch very challenging.

1:05:02You made the decision to buy the property.

1:05:04Yes.

1:05:05You know, you said you're in the business. Yeah. So you know the re you know the risks associated with buying property that's not zoned properly.

1:05:13We're not we're not trying to. We're trying to see if we can make it appealing to if we had for four years tried to see somebody that would fit the C one designation and we we couldn't find any, well w the the next common thing to do is okay well let's see what else we can get. And then when we realized that we really have to change the zoning That's what we'll figure out here. But not by any means to to devalue the property behind because that's not the any intention. When you take a vacant property Uh uh for four years and then you improved that. By

1:05:44all means there's some benefits to that.

1:05:46You know, I think as a group we would be inclined to approve your request if it was r somehow restricted to s like a subcontractor use like air conditioning, plumbing, you know, something like that. But there are a lot of things that can go in there besides that, including uh strip joints and all kinds of things, you know. So you might laugh, but you know, adult bookstores. I mean a lot of things could go in there. So um

1:06:18the uh you know, w I'm just trying to think of the worst case scenario for the for the homeowners because if I live there that's what I'd want to know. And if you live there, believe me, you'd want to know too.

1:06:33I consider if my dad living there. I said all the concerns is valid and that's why I want uh I want to address those issues and say what we've done so far to address those issues, definitely.

1:06:48So anybody have any suggestions?

1:06:51Well let me just a a couple of things maybe point out to you. So I mean there's a lot of I'm looking at the C One uses and there's a lot of things in C one that the neighbors wouldn't like to have there either. that you could have. But because you put a deed restriction on it, doesn't mean, and correct me if I'm wrong, David, doesn't mean at some point you can't come back. and ask for approval to remove that deed restriction. Am I right or wrong?

1:07:17Yes, and you also could do the D restriction so that he's allowed all C one uses so he doesn't lose what he has now and that he's only restricted himself to certain C two uses.

1:07:28Right.

1:07:28In other words, it's not the whole array of C two uses.

1:07:32Does the deed restriction do away with the special exception? Is that if there is a deed restriction

1:07:36does

1:07:36that?

1:07:37If the restrictions if the restriction specifically says that use won't be allowed, then yes it could do away with that too.

1:07:45Then one question on Advocus Road, uh finding a fact, is that that's substandard roads to be improved? Is that the so that's that's a no outlet road? Is that the entire length of the road that's to be improved or

1:07:58No, it would be through the project entrance. Okay.

1:08:05Well David, do you have any suggestions about how something could be ordered?

1:08:09Well I mean, if he's not willing to even entertain the deed restriction, then there's not much you could do. If he's willing to entertain crafting the deed restriction, then you can continue with this so Denise and he he can work on something that's consistent with what we talked about. But if he doesn't want to do it at all then there's no point to continuing.

1:08:29I'm sorry, I missed that.

1:08:31So if you're willing to discuss a potential deed restriction with zoning staff, we could continue this so you can have that discussion with them and then bring this back to the Planning Commission at a future date. if you are saying there's no way I'm never gonna do a deed restriction then they'll just have to make a decision based on that set of facts. So so what do you want to do?

1:08:55So in the C D restrictions that means they limit the things that can't go in there?

1:09:00Right, you would limit Sum of the C two limit the range of C two uses that could go in there. Instead of having everything that's in the list that's in the code, you would say these are the three or four that I would likely do.

1:09:14I think that's perfect.

1:09:19So so do would you like this continued so you can work with zoning staff on something like that?

1:09:23Well so to go in and see those are uh

1:09:26You need to go back to the microphone, sir.

1:09:30Sorry.

1:09:31Okay. Would you like this continued so that you can work with zoning staff on a potential deed restriction?

1:09:38Yes. Okay.

1:09:40All right. So I assume we need this to go back to Dade City, right?

1:09:46No no, this is actually on the West Side. Yeah, it really should be a good thing.

1:09:51If we can work very quickly, I was gonna suggest a continuance to the twenty seventh of February, which will bring them to New Port Richey.

1:09:57Does that give you enough time, Denise? Do you think

1:09:59that's

1:09:59a good thing?

1:09:59I I think so, but I I would also like to work with the folks who have concerns and go over the uses that, you know

1:10:08But does that give you enough time to work with

1:10:11the

1:10:11applicant and these residents?

1:10:12Yes, because they're gonna work quickly with me, right? Yes. I'm hearing them say. Nod their head, yes.

1:10:19I heard them nod their head too.

1:10:24Okay. Do I have a motion?

1:10:29I

1:10:29move to continue.

1:10:31Uh to allow staff to uh finalize deed restrictions and other concerns that may be uh forthcoming and that uh we hold the meeting that there is convenient time

1:10:45The other thing I would add is that the D restriction can also address buffering and screening as well, assuming the applicant's in agreement and and staff can work that out.

1:10:54Right.

1:10:57Screening.

1:10:58Screening had noise reductions depending on the type of business or manufacturing that would go into that area. That would protect the residents also and you. So I think that's the fairest approach to go. Because I had a hard time trying to restrict the person to to a certain I own this property, why can't I use it? Right. You know. So I think this is the this is the fairest between the two. So I hope there's a second on that motion.

1:11:26Okay, we have a motion. Do we have a second? Okay, we have a motion and a second further discussion of the motion. All in favor? All right. Opposed? Okay. Motion carries. See you in two weeks.

1:11:39See ya.

1:11:39Okay, to clarify the motion is to continue it to February twenty-seventh, twenty twenty, at one thirty in Newport Ritchie.

1:11:48Okay.

1:11:48Thank you. All right.