An Ordinance By The Pasco County Board Of County Commissioners Amending The Pasco County Land Development Code; Amending Section 303.5, Common Procedures, Preapplication Consultation; Section 305.1, Neighborhood Meeting, Intent and Purpose; Section 402.3, Use Permits, Conditional Uses; Section 525.3, C-1 Neighborhood Commercial District, Conditional Uses; Section 525.4, C-1 Neighborhood Commercial District, Special Exeption Uses; Section 526.3, C-2 General Commercial District, Conditional Uses; Section 907.3, Stacking Spaces And Drive-Through Facilities; Creating Section 1106, Car Wash Facilities Standards; Appendix A, Definitions; 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.

3:49:08a second. All those in favor to continue. Say aye. Aye. Okay. Yes. Five zero. Next move to the next items. Uh P sixty five.

3:49:20We have proved publication of the hearing of this matter in the temp Bay Times of July twenty-fourth, twenty twenty four.

3:49:27Thank you, Mr. Chairman. Item P65 is PDE 240336. This is an ordinance by the Pasco County Board of County Commissioners, amending the Pasco County Land Development Code, amending section 303.5, common procedures, the application, consultation, section 305.1, neighborhood meeting, intent and purpose, section 402.3, use permits, conditional uses, section 525.1. C One neighborhood commercial district conditional uses Section 525.4 C One Neighborhood

3:49:58Near Neighborhood Commercial District Special Exception Uses Section 526.3 C2 General Commercial District General Commercial District Conditional Uses Section 907.3 Stacking Spaces and Drive Through Facilities. Creating section eleven oh six car wash facilities standards, appendix A, definitions, and other sections as necessary for internal consistency, providing for applicability, refueler, providing for severability, inclusion into land development code, and ineffective date. Um I

3:50:28made a presentation on this at the last Board of County Commissioners meeting in Dade City on September third. The Board of County Commissioners provided Uh uh input on developing some uh changes to the proposed ordinance that was discussed. The version that has been passed out to everyone today um updates what has been included in civic clerk that version addresses freestanding car washes only so the accessory Uh

3:50:58car washes that would be associated with gas stations is no longer being considered as part of this ordinance. Uh it requires conditional use approval for new car washes, freestanding car washes proposed to be included within an MPUD, a C1 or a C2 commercial district, notwithstanding any provisions that might be contrary in the land development code. Um we had previously proposed requiring any new car wash within an MPUD to be processes of substantial modification. So everything is now to be uh

3:51:29conditional use. That's the intent. The standards proposed under uh 402 2.3 conditional uses have also been amended to reduce the inventory radius distance submitted by applicants. So previously we had a a provision under the conditional use requirements. Yeah.

3:51:47All the car washes within a five mile radius that's been reduced to a one point five mile radius. To keep with the original intent of acknowledging what kind of car washes are within a certain proximity of a proposed car wash. And then finally, the board noted that neighborhood meetings were not necessary for car washes as they would come before the public hearing process as a conditional use anyway. So that has also been removed. We can go through a full presentation, but that's the Uh update

3:52:17since the last meeting. And we have worked with the stakeholders to accomplish these amendments.

3:52:26Any discussion.

3:52:27Yes, I have one question. Under the applicability um uh and in reference to V O P H I know we have a gas station that also has a f a car wash. It's not a drive it's not a building that you drive through but it's a freestanding car wash with a gas station. I wanna make sure that's still that's a one per village. I mean that can't that counts.

3:52:54Yes, that's that's built into that into this code.

3:52:56Okay, because you define it says where one freestanding car wash is permitted per village, but are you gonna consider and I'm thinking of Alan Altman's corner Um That's a That's a car wash like the freestanding ones we're talking about plus a gas station. It is not a gas station with a little drive thru building. So it's it's a hybrid. And I think that should count, one per village. Otherwise.

3:53:27We're gonna be messed up.

3:53:30Because those are that's not what we wanted in in those villages, as you just saw in that presentation.

3:53:37So Is the question is that car wash facility that's in village A of V O P H okay to be there? Is that what you're asking?

3:53:48I'm I'm saying that that we need to count

3:53:55She wants to make sure that a ty that that type of car wash counts in this ordinance.

3:54:00As a freestanding

3:54:01case, a particular one you've exempt it you've you've exempted. But if future are developed that are of that model She wants she's asking if those would be captured. Those would be the right-of-way. Correct

3:54:12Commissioner? Is that

3:54:13the other one?

3:54:13Because you said you're taking out the that it's only freestanding car washes, but that's a freestanding car wash with a gas station.

3:54:20Commissioner Oakley Freestanding Car wash is defined, it's it's done by the number of vacuums That they have, it's not based on whether they're next to a gas station or not.

3:54:31Okay. Okay.

3:54:31So that would count as a few years ago. The answer is yes, it counts. It counts as a freestanding car wash because of the number of vacuums has at the car wash. Not it doesn't matter whether it has a gas station next to it.

3:54:43Okay. That's that's all I want to then I'm then I'm So we have to have public.

3:54:50Okay.

3:54:52All right. Okay, and this is a public meeting and is anyone here to speak to this item?

3:55:01Mr. Hobby?

3:55:03Mr. Chairman, Clark Hobby, uh 109 North Brussel Street, Tampa, Florida. Uh I apologize. I wasn't planning on speaking, but actually uh Commissioner Starkey is raising an issue that I should have caught the other day, and it's in the limited applicability section. A four. I believe what she's alluding to and the way this should read is that There should be a limited applicability for any approved MPUD that has specific design location or site orientation standards for car

3:55:34washes, not freestanding, because until today we didn't call them freestanding car washes. So if you your MPUD, like Alan Altman's and one other that I have, have specific design. criteria that we came up with, you know, most of these are fairly recent, then those only have to meet a very limited part of the code. So I think that's the one change I would request. I don't see offhand that there would be a problem with any of the other sections.

3:56:04David, does that keep the intent of one per village?

3:56:08I think so, but I kinda need to see the language that Clark was talking about.

3:56:29Mr. Chairman Mariano. So if you strike the free standing or you just consider it as a regular car wash, I don't I don't see what the difference would be.

3:56:40But I think what Clark is trying to say is that this doesn't uh directly affect Commissioner Starkey's question. I It's still one per village. He's talking about the exemption for uh that already already approved MPDs. And he's saying that We should strike the word freestanding for num from A four. And just say car washers. necessarily have a problem with it because the theory of A four was that if you already had an approved M P D that

3:57:11specifically had design standard for car washes, you should you wouldn't be subject You'd only be subject to very limited parts of this code. So I don't I don't think it's a problem. We we've we've intended to vest the MPUDs that had Specific design standard for car washes.

3:57:29So

3:57:30then it matters whether it's freestanding or not.

3:57:32But the only one that would be stricken would be Sub four.

3:57:36A yeah

3:57:37A four, yes. The word freestanding from A four. There also appears to be a numbering error in that section where you've got two A's on this in the version that was passed out. So That would be B four that would have freestanding struck in the second line.

3:57:57Chairman? Yeah. Thank you, Chairman Ms. Dolson, so wouldn't a backstop do that be because it's conditional use the board would have to bless it anyway, up or down?

3:58:06For the new car buses, yes, they're all requiring conditional uses, but We specifically exempted any MUD were They sp they they went out of their way to list car wash as a use and staff developed design standards for that car washed use because

3:58:22Yeah.

3:58:22They had already been through a more a r a process similar to what we would do for a conditional use approval. So we were trying to vest the M P Ds that Where staff had already done a more detailed review of the car washed use. So but to answer your question on a going forward basis Yes, any new car wash, any new freestanding car wash Would require a conditional use approval whether it was in C one, C two, or in an MPUD that had not gone through that more detailed process.

3:58:52So for this change the motion would be Exceptional ordinance as it states with amended

3:58:58what? Removing the word freestanding from is it B four or A four? I'm not sure which is B four, not that.

3:59:06It's removed he won Clark has asked us to remove one word which I'm okay with. It's the word freestanding from B four.

3:59:12So my motion would be

3:59:14Wait

3:59:15a minute. Public hearing. You spoke

3:59:17to public hearing.

3:59:20I know Clark spoke, but is there anyone else in the audience who wish to speak to this item?

3:59:26We do not have anyone signed up or online.

3:59:30So seeing no one come forward then ready for the pleasure

3:59:34of the board. Move approval with the noted changes of the second A going to be and And section four going taking out the word freestanding.

3:59:43Second.

3:59:44Okay, I got a motion and a second. All those in favor say aye. Aye. Aye. Aye. Motion passed five zero. Um Now it's time for public hearing.

3:59:56It

3:59:56is

3:59:56a rope over there. Roll call. District two, Commissioner Weightman. Aye. District three, Commissioner Starkey. Aye. District four, Commissioner Yeager. Aye. District five, Commissioner Mariano. Aye. District one, Chairman Oakley.