P3 CAO 222702 temporary moratorium vehicle sales businesses

24:07All right, so we're going to move on to P3. Uh the item is CAO 222702. I'll read the item title. So basically, um And and as I explained this, this is a direct a direction that was brought from the court the Board of County Commissioners directing the county attorney's office uh to put together a temporary moratorium of 180 days on um opening or any new uh car, truck, or van sales businesses while we work on on modifications to the land development code to address

24:38um. Vehicle inventory, among other things. So on this the moratorium that you're receiving today, the actual proposed ordinance that you have in front of you, we are including the following language, which we will provide to provide to the clerk's office as well. So the language um in section four, uh which is the temporary moratorium imposed section. Um will read the only exception to this moratorium.

25:08are vehicle sales businesses that have an approved site plan and are operating in accordance with the approved with the approved site plan and any amendments to that approved site plan.

25:22So we are asking that you find this ordinance amendment consistent with the Pasco County comprehensive plan and recommend approval to the Board of County Commissioners. By way of I this is going to the Board of County Commissioners for first reading. on february twenty second, uh, twenty twenty-two. And it will be going to the Board of County Commissioners for adoption, if I'm not mistaken. That's going to be March 8th, 2022.

25:53Okay. So Denise of If I'm understanding correctly, if a project has been submitted for site plan and they have an application that's under review. They're not exempt?

26:05If an application is um and please help me, David, on this one. If an application is submit, you have an application currently that is being reviewed for site plan, is what you're saying.

26:15Correct. Yeah.

26:15And the site plan um will be um in will be consistent with the land development code as it is today. Is that the question?

26:25Yeah, because I I thought what I heard you say the language is being added to section four, because I originally had a question of It says you can't open it. So my question was if somebody has an approved site plan. They can't open, but you clarified that. But then if I think the language you added said if they have an approved site plan, they're exempt. So if they're currently under review and they've had comments back and they've been going through the process process for five, six months are they.

26:46And is this a new one or is this an expansion of one? I don't have an example. That's just a question. Okay. I understand.

26:51So The language that Denise read would not cover the situation, but I think It was our understanding from staff and staff can tell me if I'm wrong. that there were none that were pending.

27:02Okay. That w that we

27:03we don't have any in the system that are Yeah, I that's We could cover that situation, but We asked and were told that there are none. So Um That's why the exception was crafted the way it was. If there is in fact one that's been submitted and it's pending We can Add language that addresses that, but I'm we're not aware of one.

27:27Right. When staff was polled as to whether there were any that were currently in the process or had been submitted. And that's as of last week, the answer was no.

27:37What we do have, I think, is Some that already have an approved site plan that may be seeking modifications to add on to their dealership or whatever. This would cover that because it It includes any amendments to that site plan.

27:52So they wouldn't be able to do anything until the hundred and eighty days was up.

27:55Well no. No, you can amend you can amend your if you're already an approved dealership. you can open up and you can seek amendments to your site plan. That language would be covered in the language that didn't what it would stop is somebody from submitting a Brand new one. or somebody from operating who doesn't have a site plan at all. And that's actually our biggest issue that we have is The primary purpose of this moratorium is There's a number of dealerships that are opening up in Pasco County

28:26without going through site plan approval at all.

28:32That for vehicle storage? Supplemental vehicle storage or just in general deal? In

28:38general it's it's it's mostly sales, yes.

28:46That being said, I mean it but I think we could add language that deals with somebody who has a pending site plan. In the easy yeah. I if

28:56If in fact we are aware of one, we're not aware of one.

29:01Is anybody here aware of one?

29:04I'm I'm not aware of one personally, but I don't know what is there something that's hurt by adding that language? If there's none pending, then there's none pending and they're not exempt. I just m I'm afraid that somebody got missed or somebody has something in there that's Maybe if somebody did an I don't know how the search was done, but if somebody did a search for name and it's called something else Um I'm just afraid they get shut out. That's all.

29:28May I public comment?

29:30Yes, ma'am.

29:31Barbara Wilheite, [address removed]. So I started all this.

29:37And you've been sworn.

29:38I've been sworn. I started all of this because the ordinance said you couldn't open. And we have a BMD BMW dealership in Wesley Chapel that we all want it to open, I'm sure. I mean these car car dealerships are high paying jobs. They're having a hard enough time as it is and now we're We're just putting all this question on them. So I'm glad the language is evolving. I'm glad that they'll be able to open their business that's actually under construction. Um approved site plans, any amendments. I'm happy that that's been added. I do wonder about the people that maybe

30:08we missed. I I understand this has to do with the use car dealerships that aren't following any rules. They're just going onto a piece of property, they're leasing it or buy probably leasing it, and they just put their cars on there and turn the lights on in the building and off they go. Well we gotta balance the fact that the the car dealerships that are the new car dealerships are high-paying jobs and revenue generators and pay taxes and all those things. And and I know there's pending ones, Genesis Apollo Day. um is about to submit plans. They've Going through the

30:38process, they're following your process. And now I guess Genesis Apolliday, if this goes through, and by the way, it's effective today. So whatever decision you make today, if you recommend that. We don't have time to, you know, it's effective today. So it's retroactively to today, but staff is usually really good about working these things out, but um Don't throw the baby with out with the bathwater with an old Commissioner Hildebrand's statement. Um, you know, I I get it that the use cargo's no problem, but

31:06have they actually submitted or have they just had a pre app or what what's where are they in the process?

31:10Well so

31:12I got worded that there was a concern. I was w busy doing airports. So I've been doing everything about airports for the last two weeks. So when I looked at the ordinance and saw that affected opening. Then I I've talked to one person which is Spring Engineering who does a lot of the the the car dealerships. And he has said, you know, he has BMW, which is under construction, recently permitted Subaru dealership. Not exactly sure what recently permitted means, but hopefully this language that was read in today will uh

31:42Well

31:42if

31:42they have an approved site plan, they should be covered by this example.

31:45Yeah, I agree, I agree. But the gen he he says we have other projects in the permitting pipeline. that we'll be submitting soon like the new genesis of holiday. This is this is his type email to me.

31:55Yeah, they had a pre app. I mean I'm just trying to figure out how to do that.

31:57I know, I wish I knew more.

32:00Because part of our dilemma, you understand, Barbara, is that Some of these fly by night dealerships Could submit a little bit of a little bit of a little bit Piece of junk site plant. I mean, they can spit a piece of I don't want to use the word. There's a way to submit something that doesn't that we know they would never could never comply with our code, but they would just submit it anyway just to try to fall within this exemption. That's the problem we're having.

32:24I know.

32:25So Um If if we we probably could exempt somebody that's already had a pre app. Um because I Expect that's a legitimate person that already had a pre app. Um, but I need to know whether that would cover what we were talking about.

32:42Um You know, is

32:43that a new dealership? Could you

32:46No, and if I may, the problems are also with new dealerships. Oh, okay. Yeah. And the other problem. Yeah, it's not just used. Gotcha. It's actually new as

32:54well. Even a new dealership sells some used cars. Gotcha. So you can't really distinguish between new and used. I mean is it's a problem.

33:03If I get a response here, but I mean I suppose we can The board's not gonna wanna hurt people that are pending, I don't think, and they're legitimate, so I'm sure we'll find a way to Ultimately, if you pass us along today, keep it moving. I'm

33:14just saying that's why we

33:15can't just

33:15say we can't just exempt anybody who submits a site plan.

33:18I know. Because

33:20We'll get a flood of junk coming in from the right-of-way.

33:23Right, no, no, that's why you do it today. You do it today so that you don't get a f a flood of stuff. I don't know if you had a flood or not, but um Uh yeah, I just wanted to speak because Somebody emailed me.

33:36Somebody's texting me some of the things that we've got to

33:37do a lot of work for car dealerships and they're actually good projects.

33:40This is a remodel. So a remodel implies to me that it already has an approved site plan.

33:44Is that what it is? Okay.

33:46I don't know who that just texts to me. I assume that was somebody from Spring. Um

33:50Good,

33:51good.

33:51Maybe they're listening. Hi.

33:52Okay, so if it's if it's a remodel of an existing Um Dealership. That would already have an approved side plan and be covered by and any amendments to that approved site plan.

34:04Okay.

34:04So I'm thinking that's covered. I

34:08All right. Well we'll we have until the board if there's something else we need to address.

34:12I mean I think the language that Denise reads. Covers 99.9% of the situations that people are worried about. If there's something else that we didn't catch, we can probably get it. Between now and the board meeting.

34:25Okay. Fair enough. Don't directly represent anybody, I was just Because they knew I was gonna be here, they asked me to say something, so thank you.

34:34Yeah, one of the questions that I really the only question I have is Does it need to be a hundred and eighty days? That seems like a long time, but

34:42Well in this particular case I actually think um Staff's gonna need that full hundred and eighty days. I mean, unlike the airport one where the regulations are process of being drafted currently. And that one probably could be done in 180 days. This one staff still needs to They haven't even started work on the regulations yet. So I do think they're gonna need 180 days. Denise can tell me about

35:07it. Yeah, and I and I do want to say that we are going to be diligently working. As a matter of fact, before the Planning Commission started, I got the first invite to the first meeting to start working on the regulations. So we will be diligently working on that.

35:22Denise, the only correction I would make to the language which I emailed to you but I'm not sure you caught is I would rephrase the words slightly. Um you said in any amendments that I I just added in the word and any county approved amendments to that approved site plan. So We're clear that the amendments require county approval.

35:43So The w the way I rewrote the w language was the only exception to this moratorium are vehicle sales businesses. that have an approved site plan and are operating in accordance with the approved site plan. And anyway. County approved amendments to that approved site plan.

36:01So I think I just it's similar to what you said, but I added a couple of words there.

36:05Thank you, David.

36:07All right, any other questions?

36:09Yeah, question on that. So Dave brought up the the pre-app stage. So Denise, when staff was polled, what stage did that include?

36:18So when when staff was staff was polled, the answer was there were no preaps in the hopper? At all.

36:26But even but if if the one that we're talking about, the Genesis dealership already has an approved site plan.

36:35So that would be caught within this exemption. And then an expansion of an existing one is also a modification. So that's, you know, that would be caught here as well. Or even doesn't even include expansions. I think

36:48this more term is really trying to go after any dealership that has gone legitimately gone through the site plan approval process. The issue we're having is the ones that are not.

37:02All right.

37:02Any other

37:03questions about it? Which by the way, I would think the ones that are l legitimately following the rules would actually support. They're legitimately following the rules and it's there's a cost associated with that and these other dealerships who are their competitors are not and that's probably not a fair advantage that they're getting.

37:24Okay, so is anybody else to speak? Denise?

37:28Um, we don't have anyone on WebEx for this item.

37:33Okay, anybody from the audience? Okay.

37:41You want to entertain a motion, Mr. Chair?

37:44Yeah, uh that's the uh

37:46I'll I'll move to uh adopt the moratorium. Making sure we have the language that David just mentioned regarding any amendments that come down. From the uh county. Approved County Amendments. Yeah. Yes, thank you.

38:01Well it's the language that Denise read as modified by me, basically.

38:08A second.

38:10Okay, we have a motion. We have a second. Any further discussion of the motion? If not, all in favor signify by saying aye. Aye. Aye. Aye. Opposed? Motion carries.