An Ordinance By The Pasco County Board Of County Commissioners Amending The Pasco County Land Development Code; Chapter 500 Zoning; Section 526 C-2 General Commercial District; Subsection 526.3.O Conditional Uses - Multiple Family Dwellings; And Other Sections, As Necessary, For Internal Consistency; Providing For Applicability; Repealer; Providing For Severability; Inclusion Into The Land Development Code; And An Effective Date.
What the county recorded
Staff recommendation
No Action Required
No disposition in the minutes
The approved minutes do not say what became of this item. That is a gap in the record, not a decision. It is the normal state for 24% of items. Most of those are regular business and board reports that the minutes do not dispose of in writing. This archive never infers an outcome from the fact that someone called a vote.
The source document
The county’s agenda for Board of County Commissioners, Apr 20, 2021
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Apr 20, 2021
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDD-21-0283 in full →PDD-21-0283 was taken up 2 times between Mar 23, 2021 and Apr 20, 2021 — this is appearance 2.
- Mar 23, 2021BoardP48▶Approved
- Apr 20, 2021BoardP44▶No disposition in the minutesthis item
What was said
Machine transcription of 32m of recording, with speaker names inferred from voice matching. 96% of 206 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Uh starting with item number D forty four. Ordinances. Madam Clerk, do you have proof?
Yes, Mr. Chair. Item P forty four was published in the Tampa Bay Times on April fourth, twenty twenty one.
Commissioner Starkey's Planning and Development Item P forty four is PDD twenty one zero two eight three I'll read the ordinance title, but today you're just accepting public comment. No action is required by the board today. This is first of two public hearings, and the second hearing will be May 4th, 2021, at 130 in Dade City. So, this is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code, Chapter 500 Zoning, Section 526. C2 General Commercial District, Subsection
526.3.0, conditional uses, multiple family dwellings. and other sections as necessary For internal consistency, providing for applicability, repealer, f providing for severability, inclusion into the land development code, and if and an effective date. If we can get the PowerPoint up. Please.
So as we go through this, on February 9th, 2021, the Board of County Commissioners directed the Planning and Development Department to bring forth a standalone modification to the Land Development Code to remove multiple family dwelling units as conditional uses in the C2. Of concern to the board um during the discussion was that the standalone nature of conditional use applications for multiple family dwellings and C2 without any vertical integration of commercial uses. The LDC currently allows multiple family dwelling units in the
MF1, MF2, and MF3 district. Additionally, multiple family dwelling units may also be allowed through an MPUD. At the March 4, 2021 Local Planning Agency meeting, there were concerns expressed by the local planning agency that removing multiple family dwellings as a conditional use outright in the C2 district would cause unintended consequences. During that meeting there was commentary regarding how this would potentially affect proposed affordable housing applications, specifically in the West Market area. Next slide,
please. Thank you. To address these concerns, the following is proposed by the Planning and Development Department. Section 526 C2 General Commercial District Subsection five twenty six conditional uses O, multiple family dwellings and the Underlying emboldened information is new information, where the project complies with one or more of the following criteria. One, affordable housing as defined in section 420.0004, Florida statutes, or vertically integrated mixed-use,
ground floor, commercial, office, or other non-residential use, or located in the West Market area as defined. In the comprehensive plan and as depicted in Map 2-17, Market Area 1, West Market Area of the Comprehensive Plan Future Land Use Element. For right-of-way till it's done. As as you as you wish, commission. Mr. Chairman Mariano is done. Okay. Thank you. I'll
write it down so I don't
forget comment. And then public comment then we'll discuss. Okay.
So for reference, I just want to um provide that subsection one two five point zero one zero five five Florida statutes provides And this is verbatim from the statute. Notwithwithstanding any other law or ordinance to the contrary, the Board of County Commissioners may approve the development of housing that is affordable as defined in section 420.0004 on any parcel zone for residential, commercial, or industrial use. So basically, this is something that the board can do already. So keeping it the multiple family dwellings
as a conditional use. allows for conditions to mitigate any negative impacts. Also conditional uses can be revoked sub um pursuant to subsection 402.4.j. examples of condi of conditions of approvals that we have sh um Pro presented to the board in the past is compliance with 522.4 development standards, site design. Compliance with the Land Development Code Section 1103, Hurricane Hazards, implementation of a public information program, and site-specific evacuation plan. Then
one other example is a buffering and landscaping condition that we had in conditional use 1838. There were some concerns with the folks that resided to the west of the proposed multifamily project. This was in the West Market area. And one of the conditions that we placed is applicant shall provide a minimum six-foot opaque wall along the north and west sides of the property located.
Mm-hmm. So those are different. uh mitigation uh conditions that have have been placed on conditional uses in the past. Okay, perfect, thank you. Also, just wanted to let the board know, as you may imagine, most C2 General Commercial District parcels are located in commercial future land use and retail office residential future land use. The comprehensive plan provides the following range of uses related to this item in the COM commercial land use. Residential uses
are only permitted when construction. In combination with commercial uses within single building of two or more stories, wherein the first floor uses are commercial, office, and or other non-residential uses. There has also been prior Board of County Commissioners' direction to encourage the focus of multiple family development to be part of a mixed-use project. Incorporating the vertical integration of multiple family dwellings and commercial office or other residential uses is consistent with the comprehensive
plan. Going on to the West Market area, many existing C2 General Commercial District parcels are located in the West Market area. And uh consistent with prior BCC direction to encourage development and infill in the West Market area. Um the proposed changes are. And they're also consistent with the Harbor's Redevelopment Plan recommendations to focus development efforts in the West Market area. Some examples are Ordinance 1848 Mobility Fee Updates and the addition of Map 1302.2.
The Harbor's West Market Area Incentive Zone. Also, Ordinance 20-17 Mobility Fee Updates, which updates the mobility fee tables to encourage vacant parcel redevelopment in the West Market area. When we did a um a review of prior requests going back to 2015, the majority of the requests were for conditional uses in C2 for multiple family dwelling units. The majority of the requests were in the Westmarket area. So of 13 applications that we received between 2015
and 2021. Eight were in the West Market area. Um four were in the south market area and one was in the north market area. And the next thing is a map showing where those were. So 61.5% in the west market area, 30.8 in the south market area, and 7.7% in the north market area. I did put an ansterisks next to the ones that are in the south market area, a couple of them, because Um at least two of those were multiple family
dwellings, but for attached um Um An attached product that was going to be fee simple. So they were not apartments. So that's why I put that asterisk there. So I just wanted to do that. The only ones that
have come in?
Conditional uses for multiple family dwelling units in the C2 district. Yes. There have been a total of 13 since 2015.
And what, eight of those were in the West Market area?
Eight of those were in the West Market area. One of them was denied. Just wanted to put that out there for a disclosure. One of them was denied. The one that was denied, I have the list.
It was on fi it was off of fifty two, that's correct.
Oh, is that for the aff affordable housing?
Yeah, that's what it was.
By Bear Creek or something like that? That's c that's correct. Yeah. That was a mistake.
Yeah. That's correct. Yeah, so y y y'all recall that one, yeah. So uh so basically if we can get the next slide. So I just want to show, of course, the West Market area. And again, today we're just here to take public comment. I'll answer any questions you may have, and then the adoption hearing will be on May 4th.
Okay. Do we have anyone signed up to speak to this item from the public?
So there is let me just double check real quick.
Oh I did want to mention, I apologize, I should have said this before, the local planning agency. On April 1st, 2021, found the proposed ordinance consistent with the Pasco County Comprehensive Plan and recommended approval to the BCC.
Um Can you put that map back up? Absolutely. Was there anyone is there any part of the map? Well we're waiting on that. Let's just go to the right-of-way. Okay, but keep the map up. Not that one.
So um
we got
okay,
go ahead.
Just so that you know the individual that was signed up on WebEx is is now at the kiosk. Okay. For this item.
So nobody's signed up for Web A?
No no one else but the individual that's now at the kiosk.
Okay. No emails?
No email on P forty four.
Okay.
Thank you.
So let's go to the kiosks and get public comment.
Is anyone at the kiosks?
My name is Nicole Miller. My address is [address removed]. What I have to say on this item number is quite brief because it's an amendment to the Land Development Code. And I believe it also mentioned zoning. Today I'm going to be commenting on a few other different issues that are in regard to reason. zoning. Um there's quite a few ones on the agenda. There's P forty eight, there's uh P fifty two, P fifty eight, and
P fifty nine. Um and then
speak to
P forty four. Speak to the easement.
My comment is the uh sorry, that threw me off a little bit. Little nervous. This is my first time doing this and I'm looking at a screen instead of people. Um but I would just I feel like the uh citizens need more information on what's going into these um these changes, these land development code changes um in regard to uh the way the county's doing their planning and also their rezoning process. And so that's all for this uh item number. Thank you.
Okay. Thank you. Thank you for your comments.
What Mr. Chairman M
More than two.
It's Commissioner Weightman.
Well where
I was gonna ask.
I couldn't see you, so
I was just gonna ask I I I'm thinking that was a student again like we had last time. That Possibly.
Yeah.
Seemed like it.
We understand. That's required make the public copy for a class.
Right.
I could be wrong, but I'm gonna make it I think it is if she wants to come back and say yes or no.
That's okay.
Or is anyone else at the kiosks to speak to this item?
There is nobody at the kiosk for that item.
Okay, thank you. All right. Move back to the board. Um Commissioner Starkey.
Yeah, I I I think this map is fascinating. And I wonder if it's um not what people expected. Um looking at the star on the West Market area, which Wait, is that the kind of line no is It's not really color you don't have a I see one, two, three, four, five different colors, so And How do I how do you know where the lines are?
So the kinda like the Best way I can describe maybe as the yellowish area is the Westmarket area. On the left? Yes.
Okay. Yeah.
Where most of the stars are.
Yes.
Okay. And
then the South Market area is the one that goes up along Sun Coast N seventy five? Yes, if you
see like um forty one. Eft Sun Coast in 75, just as you stated, yes.
And then the north market is that dark green? That green, yes. And we don't have a name for the I guess that's East Market? The the bright
the east is all the way to the to the Right hand side. We don't have anyone any and and I just want to be clear, it doesn't mean that we haven't rezoned parcels to MF one, MF two, or MF three. I'm just comparing the conditional uses for multiple family dwelling units in C two. And I and those are the applications we've received since 2015. I think this star over here
is the um is the adult rental community behind the publics at River Crossing Boulevard. I ha I have them all called
out.
Yeah. So that's
a I don't think
you I don't feel the
need for you to call 'em out, but I um So Doctor Gills's property, you mean, or former Rancho Del Rio and Little Road? Yeah. Uh yes. And that was that. That was in approved in 2015. Conditional use 15-18.
Yeah.
So 350 feet east of Little Road, yeah.
Yeah.
That's a really great place if you don't wanna buy something and you wanna You need feel the need to be very secure. Um I think those people are I think that that's a home run for those. Um So Well
I like the idea that we're gonna be making multifamily Integrated. Um, you know, I've heard the comment that we require we we have mixed use projects, but to me a mixed use product project doesn't mean you have multiple kinds of uses, but that the uses are integrated together and you're making a nice Walkable. say sense of place that the
uses work well with each other. It's not an apartment complex backing up to the back of a strip mall That's the right-of-way. um they even sometimes have to drive to because there's a wall and they can't get to it. So we're gonna require a greater con connectivity between the uses, right? And a Well the
the way that this is written, it's it's basically f for consistency with a comprehensive plan. So you have to have the uses vertically integrated into the project. So it can't just be a Uh aside from the affordable housing, aside from the West Market area, that would be another option. So if you are in another market area, that it would be an integrated use. So it would have commercial, not residential.
Like downtown Longleaf where it has the commer it has the retail uses underneath and the residential use. On the on the parcel, correct. And you see that in a lot of cities. You don't see that in a whole lot of suburbs, but I think it's Um I I mean I personally like it, but so that is the
only way you can come into a C two? Those three different ways. So you have three different ways. Can you go back to in
those other
districts,
not in the West District.
Correct.
So that would be And that's if you want a conditional use in the easement.
You can always go um apply for an MF3, for example, which does have the opportunity of having some commercial uses consistent with the C One district that are to in the in the M F three district it specifically says it's to serve the the folks who live in the apartment building. So
So you can you repeat those three? Yeah.
Can we go back to the slide that shows it? So that way we can look at it together.
So basically, this is the so there would be affordable housing as defined in section 420.0004 Florida statutes, or vertically integrated mixed use, where the ground floor, commercial, office, or other non-residential use, or located within the West Market area, as defined in the comprehensive plan. So those are the three. Carbouts.
Okay.
So we're moving this The multifamilies with from the conditional use. You can still have multifamilies in the but for but for these types of projects.
Everything else is excluded.
So what did they exclude what did you exclude? Class A apartments?
So if you're in the East Market area, for example, and you're not gonna integrate commercial with residential. Well with multifamily, then you can't do a c a conditional use for multifamily.
For instance.
Same thing in the North Market area. So there is commercial it doesn't mean you can't rezone to MF1, MF2, or MF3. You could still do that in those market areas, but you can't request a conditional use for multiple family dwellings because you don't meet
Criteria.
And can you put that map back up? Yeah.
goal from that motion was
Sorry, I forgot. Um okay. was for if there's a developer that wants to build multifamily that they come in and they look for multifamily MF one, M F two or M F three zones, not coming in and looking for multifamily one, two, three or C two. Yes, I understand.
As long long as they meet any of these criteria, right?
Mm-hmm. Okay. That was
so interesting. I have not been contacted by one person on this. No one from the building community? No one
show up at the local planning agency, we had the apartment I I don't have my notes of who was there, um, but there were folks that are the Tampa Bay apartment area builders and um two fo two folks from that community and You may have some folks on WebEx right now, but I'm not positive. Um I know uh Joel too was on. at the local planning agency um for both meetings for the March fourth and also for the
um March twenty
Only
only the person who spoke signed up for this one.
Okay.
Yeah.
So
we've only had the one person.
Okay. Um Commissioner Oakley, so and other commissioners, I mean We all I think know our c districts better than you know, I don't know Commissioner's Moore's the intricacies of Commissioner Moore's district that well. Frankly, I was blown away when I drove around in Wiregrass and Union Park and all those. I I hadn't been out there and it was it was something. Um I know in in my our challenges, at least my district on nineteen, is over
commercial. And in need of some other things coming in. Um and so that is why I'm not I don't wanna see that area come in because I feel it very much needs redevelopment.
Yeah, so as an example, one of the folks who came in as a for a conditional use was um and it's on the list in the urban service area and in the West Market area, is the w with the redevelopment of the Gulfview Square Mall. Yeah. So that was one of the um Conditional uses in C2. And we were able to condition. And as a matter of fact, that particular project um is in the in a um evacu hurricane evacuation zone. So we were able to put lots of great conditions that are pertinent to, you know, the
coastal high hazard area, whereas a straight Euclidean District, M F one, M F two, M F three, cannot be conditioned but Four. the applicant voluntarily agreeing agreeing to a deed restriction or a development agreement or something that is that that would go together with the um with the rezoning.
And so um
The the only so is the only place that doesn't have to do what you require the West Market?
So um if it could meet one um one or more of the following criteria. So affordable housing Doesn't have to be vertically integrated because that's one of the criteria, but it could be vertically integrated. Doesn't mean it doesn't have to be. I'm fine with that. So vertically integrated standalone separate criteria, located in the West Market area, separate c criteria. Doesn't have to meet m two or more, it's one or more.
So so Commissioner Oakley, I I guess I would ask you Um and again, and I don't know if that's Moore's district or yours, but and I don't know all the intricacies of 301 and 98. But Do you feel that This is okay for that area or do you want to consider for now not having that area in this I just
Were you saying three oh one and ninety eight, were you actually talking about?
I'm talking about the the the old commercial stuff that might be on the east side that You know, i and maybe there's not that much C two and it's not a problem. I've got tons of C two on nineteen. Well
we have s we have some but we probably need more in a certain area, but we're addressing that in the future, so For commercial. Up the quarter of three oh one.
Okay.
Okay.
I'm okay.
We we have totally different circumstances
because
you're pretty much built out and we're we're
very
r very rural and still very rural.
Yeah, that's why I'm wondering if you
change.
So that's why I'm wondering if this is too restrictive for you. Chairman Mariano.
I d I don't feel like it is. Okay. Uh because Northeast rule is pretty restrictive in itself. So We that takes out a block of land in in our area. Then you don't handle it one way, so
Yeah.
Companies and businesses are still and developers are still able to come and ask for a land use change or zoning change. Absolutely. They could still do it. So later on. But the main purpose is when they originally come in, they're only looking for where they're supposed to be building. They're not looking for commercial building. If it's supposed to be commercial, try to keep it commercial. To start. Then if you have to expand and look for additional areas and look for additional areas or if you want to build commercial with multifamilies, then that's a
different perspective. But if someone's coming in to only build an apartment or multifamily, then they should be looking for that zoning to begin with.
You know, an an example v of why we don't want this in some of our area on on nineteen is for example, say the Rasmussen College that just came in. Well, wouldn't it be great to have a a a complex right there with with uh that could help students that live there and that would be in a commercial zone. Now that's in the city, New Port Richey, not us, but that's an example of a good r uh redevelopment um in a area that has commercial that um could
be reimagined.
But no and
saying that they can't re zone it.
I'm just saying that's an example. Remember a rezoning doesn't it does not have typically conditions attached to it. So for example We I'm not saying we couldn't. We could through a deed restriction, we could through a development agreement, but that's having another process and more application money, it'll cost more money, for example, to do that and um more staff work and staff time and stuff like that. So at least the conditional use allows conditions. It can
also be revoked. Can't revoke a zoning. uh conditional use can be revoked. So if they don't meet the the conditions of approval or or whatever, it can be revoked. It can be taken away.
That's why I like keeping it We're and West Market.
Okay. Any other questions? Mr.
Chairman Mariano.
Mr. Moore?
Thank you. Real quick, I just think it's important to um maybe Denise to tell the rest of the of the uh commission because I watched the Planning commission meetings both at home when this was continued. Um originally staff did not include the affordable housing portion of this. This was um something that the Planning Commission asked for um prior to them approving it and they continued it if you want to give detailed 'cause that was not in the initial recommendation.
That is that is correct. It was uh and you and you're correct um um Commissioner Moore. Um Um it was it was brought to the Planning Commission as the board has r had requested. Just Just doing a strike through of multiple family dwellings as a potential conditional use in the C2 district. The Planning Commission said, Oh, we have some. Some uh we think that there are unintended consequences that are gonna occur as a result of this. We did have um, as I stated, the the folks from the um uh Bay Area apartments and things like that.
We also did have someone from community development. um speak um also speak on affordable housing and the Westmarket area and stuff like that. So we try to um to address the concerns of the planning commission of the local planning agency. with their um potential unintended consequences by carving these things out and these three things are consistent with the board's direction in the past for uh redevelopment in the West Market area, um
consistent with a comprehensive plan that um that commercial in the comm, for example, and even in the ROR, that there should be a vertical integration, mixed use. So um that these were the carve-outs and you know again um it's it's to the board as the board has a different direction. I just wanted to present what Staff presented to the local planning agency and the local planning agency actually, you know Um actually made commentary that they that this satisfied
their concerns.
Mr.
Chairman
M just
to follow up.
Thank you. So yeah, I I to quite be quite honestly, I I like the initial proposal, how it was proposed by Commissioner Fitzpatrick originally. I know when staff reached out to me after the planning commission meetings, um, you know, I wanted to see this move forward. So, you know, reluctantly I said, hey, I'd I'd I'd go ahead and be supportive of with that addition. You know, I will be But I do I I preferred the way that um Commissioner Fitzpatrick originally proposed
this, but again, you know, if this is gonna see it through, then I'd be supportive moving forward with that addition.
Mr. Chairman
Mariano.
Pretty soon.
In the past you've broken down someone has broken down about there's about nineteen thousand apartments on the west side of the county. twelve and eight on the north and the south and then there's a thousand on the east.
Are these is there a breakdown? Um class A or Well th
this breakdown is only, I'm sorry, conditional uses for multiple family dwellings. I c I can read the some of the approvals. Um
I well it what I'm looking at is we have nineteen thousand apartments on the west side. Who said that? And I know we've talked about the mall area and revitalizing everything. How are we revitalizing or how can we continue to move forward to improve some of these apartment complexes that have gone backwards?
Well I I can only speak of the m multiple family dwellings in C two. We can put conditions, we can condition them and state what you want to see. You wanna see additional buffering, you wanna see more landscaping. Um there there's conditions that we can we can place on on these things, being that it's a conditional use. I don't know about the numbers, um, I believe that perhaps the following um moratorium in a geographical area that might have um some information
on numbers or there's future presentations that will provide information on numbers. I just went through the conditional that as you can see there are not that many of them in the last five years. And I can break down that, you know, some of them were for you know affordable housing for seniors, for example. Um there's a couple that were like that. Affordable housing, eighty-three units. Um the one at G Gables at Gulfview, I'm not sure what's class A, is that like market
rate? Those were Market rate apartments, four hundred and ten apartments. Again, some of them haven't been built. They just have an approval. For example, the one that's in the South Market area at Bruce B. Downs and Wesley Chapel Boulevard, that one has not yet been built. Um it just has the approval. Um According to to their timing and phasing, it's a hundred units and it's supposed to be for senior housing as well. So I I do have some of the breakdowns of
these that have been approved, but I don't have the that number that you're stating. But I think conditions can if we we can place conditions on these so at least there's some control and again uh conditional uses can be revoked, whereas a rezoning cannot be revoked.
And I would question the number of nineteen thousand apartments units in the West County multifam apartments. Um yeah, I'd like to see those numbers. I've asked Terry if he has those numbers, but
They were in one of the presentations. Um we were on the day city side, but it was so there was forty thousand rentals. Rentals, but not apartments.
And when they had said there was sixty thousand rentals in Pasco County, so that's about two thirds of rentals are apartments.
No, I I well I'm uh I don't believe that's true.
Yeah. Mr. Chairman Mariano. Mr. Miller.
I
don't have that.
Just a reminder, this is inter Doctor. We're not voting on this today.
No, we're not voting on this today.
But it's not a
it's not introduction, it's your first public hearing.
Oh sorry, first hearing. I'm sorry. First hearing, but there's no there's no action taken today. No action. Yeah, no action
today. It's um uh the the adoption will be May fourth. At one thirty and the right-of-way.
If there's particular if numbers and things, I think reaching out I think reaching out to staff.
Yeah.
Um you know, each commissioner if they have additional questions, reach out to staff and get the exact the right numbers. We can't, you know, instead of debating it today what's right or wrong.
Yeah.
They can give you the correct numbers.
Okay.
All right, thank you. Thank you. Thank you.
Okay. So that concludes first reading public hearing of P4.
So Denise normally does this, but but so this is this concludes your first public hearing. Second Second public hearing will be held held on May 4th, 2021, at 130 or soon thereafter as they may be heard in Dade City.
Thank you.
Okay. Thank
you.