PDB2100024 land development code amendment 45 minor fixes

43:48All right, so the last item.

44:12All right, so the last item on your agenda is PDB 2100024, which is uh the next set of glitch amendments, land development code amendment 45, uh minor fixes. As you all know, the Board of County Commissioners adopted the Restated Land Development Code in 2011 through ordinance 1115, and there have been 44 adopted amendments to the code since that time. The board contemplated that there would be need uh a need for some

44:42minor fix amendments to address um issues and address some uh concerns with implementation that may arise. On October 21st, the following amendments were presented to the interested parties meeting, horizontal roundtable and vertical roundtable group.

45:04So we're going to go over some of them are very, very specific, but we'll go over each and every single section. So we're making amendments to Chapter 300 procedures, table three oh three-five, required public hearing and development approvals. The reason for that change is because we're adding unified sign plans to go to the which go to the planning commission, the board county commissioners. It's not anything New is just something that wasn't in that table for development approval applications. We're

45:34also adding the waiver of specific distance of a thousand feet for on-premises consumption for alcoholic beverages to the required public hearing table. Again, these are not new processes, these are processes that have always existed. It just wasn't in the general table. Following change is 300 procedures 304-1 to require public notice for development approval allocations. As we go through this, you will see that one of the big changes that we've made to the code is that

46:04you will no longer see conditional uses for the sale of alcoholic beverages. These will be done through administrative approval. It's something that the Board of County Commissioners has wanted us to do. For a long time. We've now made some changes to the code. So you're going to see this as a recurring theme throughout based on other change. Once you change a part of the code, you have to change other parts of the code. So basically now it'll require public notice for development development approval applications is going to include the administrative use permit for the sale of alcoholic beverages, where

46:35that you have to post the item. Also, it adds a unified sign plan where it has to be mailed, published, and posted. It adds the waiver of the specific distance of a thousand feet for the sale of alcoholic beverages to be mailed and posted. It also clarifies we have it, we have wireless. Communications facilities called out as wireless facilities. There was some co some legislative changes in 2017. That name was changed to wireless communications facilities. Our code still says wireless

47:05facilities. Again, you're going to see the scene throughout is these are minor, most of them are minor modifications.

47:13So again, Chapter 300 Procedures, Section 305, Neighborhood Meeting, changes the name of wireless facilities again to wireless communications facilities. This is consistent with the changes that were made in Land Development Code Amendment 30 and for changes that were made in the 2017 legislative session. Chapter 300 Procedures Section 306 Neighborhood Notice. It clarifies that alternative standards other than those in 407.5C and 407.5D. The

47:44notice for those can also be provided in conjunction or in connection with other notices, which can include PSP or PDP. The way that it's written right now, it's very confusing to staff and it's very confusing to our applicants, where the applicant is saying, Oh my god, do I have to notice this separately? And it doesn't necessarily have to be noticed separately. It can be noticed in conjunction with the PSP or the PDP or the masquerading or whatever other process that the applicant may be going through. Chapter

48:14400 permit types and applications and please stop me if you have any questions. I apologize. It tends to be very fast and I realize that. So please stop me. Stop me if you have any questions. I'm very happy to answer them. Chapter 400 Permit Types and Applications, Section 402.3 F conditional uses, required standards. It removes section of the thousand foot from places of religious worship, pre-clicked through 12th grade, public and private schools and county parks. It moves all that and you're

48:44gonna see it's a it's gonna be a theme throughout. This is now all need to be consolidated in 402 405.2.d. It doesn't re it doesn't remove the requirement, it just consolidates it to one session. So alcohol will be called out as a whole in one in one session, which is in 402.405.2.d.

49:06All right, Chapter 400 Permit Types and Applications, Section 402.3.8, 42. This is the conditional use section. So again, this section has language regarding alcohol. All that language, it's not going away. It's just moving to 402.5.d, administrative use permits for the sale of alcoholic beverages. Chapter 400 Permit Types and Applications, Section 402.3.i enforcement. There's a scripture's

49:36error. The actual, it should be calling out 402.4.j, not 402.4.i. Chapter 400 Permit Types and Applications, Section 402.4.j, revocation of special exception and conditional uses. We're renaming this section because we now have the administrative use permit for the sale of alcoholic beverages, which is also revokable. So we're just adding that the name is changing to special revocation of special exception and

50:07conditional uses and administrative use permits for the sale of alcohol and everything. Section 42.5.8.1 mobile food operations. This is as a result of preemption language in Florida statute of 2020. So basically it clarifies that registration is no longer required for mobile food operations. operations. And we there was also a Squirtner's error from the time that we brought the

50:37402.5.8.1, which is mobile food operations, it clarifies the language on construction sites. So those are two changes made to that. Here's where we start talking about meat. Section 402.5. D, Administrative Use Permits for the Sale of Alcoholic Beverages. This creates that new section. It brings all the other items in from the other sections into this section, which includes the waiver information is moved. Now the Planning Commission is going to be the decision-making

51:07body on the waiver, so you may hear waivers from time to time where there might be an alcoholic beverage business establishment wanting to um open within less than a thousand feet as the probe flies from a um A county park, a place of religious worship, or a pre-K through 12th grade private or public school. So that the waiver was previous, those were previously heard

51:38and the final action was made by the Board of County Commissioners, that's now commission. So it also moves if all the items that were in 530.14, which used to be called or is called the applicability of this code to the sale of alcoholic beverages, again, everything is in one section. It moves it to form 2.5.

52:04Um, okay, uh something else that 402.5.d clarifies, we did see that throughout the code there were mentions of church, places of worship, schools, and it wasn't clarified. So what we did is that you know, a church is a place of relation and religious worship, so is source and other things. So that The place of religious worship is a defined term in our land development code. So we're using that term throughout place of religious worship. Also, we wanted to clarify this that a

52:34school means a pre-paid for 12th grade public or private school. And we wanted to clarify that a park means a county park. So it's more clear, it's it's clearer for the person who's reviewing it, and it's clearer for our customers as well. an enforcement section um which is uh which was in another location in the code but enforcement for the administrative use permit for the sale of alcoholic beverages. So following

53:04section 406.5.I, right-of-way use permit on requirement, the maintenance guarantee is moved from one year to 36 months. In speaking with the folks at project management and engineering inspections, that's what's done in the field 36 months. So that that change is being made to the code. So that way it follows current practice. Section 503.3 AC Agricultural District conditional use. This

53:35um this section it's it's just basically adds specific distance waiver language for the conditional use. So as you may recall, we processed at one point a conditional use in conjunction with an amusement facility. It just basically sets a Unless a specific distance limitation waiver is approved, they can't they you can't sell within a thousand feet of a place of religious worship or eight through twelve public. School, so on and so

54:05forth. This is the only place that those they will there will still be a conditional use for alcoholic beverages because there's other things to take into consideration. This is going to be in an AC district, hours, hours of operation, and different things like that. So the conditional use will still be in conjunction with the operation of an amusement facility. So section 511 RMH, which is the Mobile Park District, and this So when the board asked us to

54:35allow site cook homes in RH, it was really for existing properties that were zoned RH. So this basically clarifies that single family detached homes on individual lots are only permitted on parcels zoned RH prior to December 8, 2020. The reason why we stayed in December 8th, 2020 is because that will be the adoption date of this item. That way you will not you will no longer see applications for RH

55:05with deed restrictions stating that they're not going to have loanholms. So that's not the reason for RH. The reason for RH is. Existing arc age lots. So it's an unintended consequence of Land Development Code of M27, which was in 2017 or so. The following session, and it's it's really interesting because a lot of the things that are going to continue to come about are things that have that were first presented to the Planning Commission. So Section 517, R4 High Density Residential District.

55:36I don't know if you recall, in January of this year, we brought forward a variance where an R4 subdivision was reducing their side setbacks to five. And we explained that this is something we were going to change in the code because there are standards in uh 902.2.k.2.5 foot size setback. So we're basically um making bringing that change as we stated in January when we brought you that variance. So it allows a setback.

56:06be reduced to no less than five feet for our four subdivisions that are developed after December 8th 2020. Again, that's going to be the adoption data of this. So as long as they meet the standards in 92.2.k 0.2.b lot drainage, which are for lots less than seven and a half, would be less than seven and a half foot side setbacks. Additionally, um it prohibits the use of a side entry walk. And if that's consistent with that variance that we brought forward to you also, because one of the conditions on that variance is that then

56:36we're not going to put a sign entry walkway in the five foot seven. Section 522 connected city MPD. Explained in the connection. City FUV it only allows uh um the uh Use the green light process currently. So now this will allow the applicant to also use the other review processes, not just the gray light process. So it gives um it gives further um allowances to the applicant to use other processes that are not necessarily

57:07the green light process. They can use the regular review process in Connected City. Section 521 C1 neighborhood commercial districts, it adds fitness centers as permitted principal uses. So like as you drive around Pasco, you'll see that there are gyms in C1, but that's not a permitted use in C1. So it's just it that is a neighborhood commercial use, but the use of a gym. So we added that as a as a permitted principal use. Five twenty-five point five twenty-five C

57:37One neighborhood commercial. Again, you're going to see this as a theme throughout. It adds the sale of alcoholic beverages as a permitted principal use. They're no longer conditional uses that's stricken out, subject to the an administrative use permit with sale of alcoholic beverages. So it'll state that subject to compliance with Orle 2.5.

58:01Section 526 C2 General Commercial. This one it clarifies when we uh worked on land and element code amendment 25, we've seen that there were a lot of contractor's offices throughout the county. And we added contractors office as a principal permitted use in C2 because that's where they were going in. It was only allowed in C3 back then. But in error, as a scrivener's error, it's the the use is actually called contractor's office and storage. It still has a development standard that everything

58:31has to be screened from view. There has to be buffering. We're just adding the word and storage to the use. So it's it's a it's a screeners error. By 2062, it adds the sale of alcoholic beverages as a principal as a permitted principal use. Again, we'll see the common theme throughout. Strikes conditional use adds it as a principal permitted use. C3 527 commercial light manufacturing DIDO adds the sale of alcoholic beverages as

59:01a permitted principal use. Section 528, I1 Land Industrial Parts District, again, adds sale of alcoholic beverages as a permitted principal use. Section 529, I2 General Industrial Park District. That section specifically states that unless otherwise stated in this code, all um permitted uses and special exception uses an I1. Well I1 has no special exception uses, so we're striking through the word special exception uses because it's scrimmage error again. Section

59:32530, supplemental regulations, 530.14, applicability of this code to the scale of alcohol and beverages, it strikes and reserves a section. So in other words, as I stated, everything in that section is going into 402.5. But the section is just reserved. So if we want to use the section for another purpose in the future, it just strikes and reserves a section. Section 530. Here's another thing that came to the Planning Commission. So you guys are the trailblazers on all this. Section 530, supplemental regulations by 30.15 for terminal

1:00:03lodges and social and recreational clubs. I don't know if you recall earlier this year we had um the uh uh the I don't know if it was the Eagles, one of the recreation, one of the social recreational vehicle clubs in a C2 district requiring to have a 50-foot setback. Well why is that? I mean they're it's it's it's a commercial district. So basically what we're doing is that we're clarifying that the performance standards for that section. If they're in PO2, C1, C2, C3,

1:00:33or MPGs that are designated that way, that they they follow the standards for those districts. So a 25 foot set front, set back, if it's C2. you know, so on and so forth, and not have to meet those those uh performance standards that are listed on them that are very antiquated, but they do make sense for an a uh a fraternal law that may be going in an AR. district. So again, that's another variance that was brought to the Planning Commission and we told you we would be changing the code. So here

1:01:04we are changing the code. Most of these are at a shopping center anyway, so it just doesn't make sense to make them meet those sessions. Okay, so section 530 again, the um continuing on with the paternal lodges. Um back then when this section was written many, many years ago, we didn't have a landscape ordinance. So all I just we're basically crossing out the landscaping and buffering that it's telling us that needs to be done, which is less than what the landscape ordinance actually is. And

1:01:34we're just basically stating in accordance with 905.2 and with the with the project being considered a commercial project that way. If it's commercial to residential, there's there's a significant buffer. Following item is Chapter 700 Subdivision and Planning Standards. Again, this is a bit of Sprinkners error when the Board of County Commissioners adopted the concept of a plat and I. So now there's four types of flats. So the section says

1:02:04there's three, there's four. So just a sprinkler's error. Section 901.1 transportation border spacing. It removes 901.2.i dedication waiver from relief procedures. The session is no longer used, so it's stricken through. Nine oh one point two Transportation order management, it removes a requirement for interim uses to obtain approval by the Planning Commission. It combines the interim use sections, so it groups them all together. Right now the

1:02:34sections are split into not related to a primary use, not related to a primary. To a primary use, they're all put together. Additionally, we remove the phrase in residential zones from the list of permitted interim uses. So landscaping can be an interim permitted, can be an interim use as an alternative standard in a non-residential or residential zone. So it clarifies also it clarifies the

1:03:04discontinued date for interim uses as the beginning of the fiscal year in which monies for acquisition of right-of-way or construction within the transportation quarter are forced programs, i.e. the county, in year one of the county's five-year CIP or year one of the F DOT five-year TIP. Again, since those two sections are being combined, the conditions for interim uses are also being combined. It removes 901.2 J as we've heard before and it renames it to

1:03:34901.2i. And um the dedicate then there's a dedication, it's writ it renames it and now it's called 901.2i Dedication or Proportionality. Sorry about that. Section 901.2, transportation border management. Again, 901.2i dedication waiver is stricken in its entirety, and 901.2.i becomes dedication or proportionality, as I stated before. Following 901.2 Transportation Corridor

1:04:05Management, Section 901.2.K Waivers Administrative Variances is renamed to 901.2 J Administrative Variances as waivers are no longer processed. Section 905.2 landscaping and buffering, it just adds and or to the landscape requirements for terminal islands. Currently it just uses the term and so we want the person to be able to do or because otherwise you have to put all these things into the landscape island and that makes no sense.

1:04:37905.2 landscaping and buffering. Okay, it's told you that already. 905.2. This one is really interesting. It's like it's a true scriptural error. So we have an actual table that basically states that for lots that are less than 6,000 square feet, you need one tree. Well, what about if the lot is 6,000 square feet? Square feet. It excludes it. So now the table will say lots 6,000 square feet or less. So it includes 6,000 square feet.

1:05:06All right, so 905.2.D point A, landscaping and buffering, specific planting requirements, specific standards. Clarifies that the minimum number of trees on the lot can be counted towards the minimum number of replacement inches and the minimum caliber and height for counting replacement inches. As I'm told by my colleagues, this is very difficult without a clarification. It's difficult for both the people who are working on projects and are, you know. Submitting information and it's

1:05:37also difficult for the technicians to review it. So this one this provides uh greater clarity. Section 905.2.D.4 Landscaping and Buffering Building Perimeters. It consolidates the term apartment on the menu and townhome into the term multifamily.

1:05:54Section 1003, Gates, Fences, and Walls, it clarifies that governmental exemption in the section. And it's for gates, fences, and walls that are owned or erected by Casco County or any state or federal government agency. Right now it just says government agency, so it's not clear. Section 1101 vehicle dealerships, it clarifies the applicability section and removes a statement regarding locations that cannot meet the second five-foot offer. In this way, now this the

1:06:25an alternative standard can be applied on. Section 1102 Large-Scale Commercial Design Standards. There's some issue. The intent and purpose section has some mentions to compliment policies that are no longer in the compliment. Section 1105 Self-Storage facilities. The map that's included in there, there's a scribbler's error, it includes Ridge Road as a corridor, and Ridge Road is not one of the corridors, so it removes Ridge Road. Section 12

1:06:55of 4.2 nonconforming lots, it provides guidance in determining an equitable front and rear setback. So right now it just says that. as determined equitable by the zoning administrator. Well. In the change it basically states this is how you you look. You look 200 feet and look at all others. So it's it's it's easier to to uh to deal with uh 1204.2 with the the way that the changes have been made. Appendix A definitions, airport

1:07:25facility definition, there is a It in it erroneously can also contain the definition of airport destruction. So we're just deleting that sentence. And then also alcoholic beverage business establishment definition, we need to delete the reference to Chapter 500 because it's no longer in Chapter 500. It's now in Forum 2.5. So thank you so much for listening. Um it's I know it's a lot of changes.

1:07:56So we are asking that you find the proposed ordinance consistent with the Pasco County comprehensive plan and recommend approval of the ordinance to the Board of County Commissioners. I am here for any questions. This will be going to the Board of County Commissioners for first reading on November 17th at one, November 15th, I'm sorry. At 1:30 in Dave City and for adoption on December 8th, 20 at 1:30 in Newport. Any questions?

1:08:25Denise on that section eleven oh one Yes. Um, can you clarify for me what that means about the seventy five foot buffer? So

1:08:34basically um in section 1101, we're just trying to find them a map.

1:08:51Which one is the exact way in which that's used in the section? Session talks about that there's these these different corridors. There's transit corridors, there's redevelopment corridors, there are all these different corridors, and Ridge Road was inadvertently um included as one of the corridors, and it's not a corridor. So basically, the the map is entitled.

1:09:16North 41, East 52, redevelopment and transit corridor map. So the the map incorrectly listed Ridge Road as one of those and it should not have listed Ridge Road. So Ridge Road was off that map.

1:09:32Okay, so um is US 19 on that map, but what what is the 75 feet from where? What's the where's the buffer?

1:09:3875 feet is for for that's a different section. 75 feet is for um for the set the buffer requirements between um vehicle dealerships and residential property. That's a different section.

1:09:54Okay, so that's remaining the same.

1:09:57No, so basically the way that the code reads now, that's in the the auto dealership ordinance. So the the way the code reads now is that um places that cannot meet the 75 foot buffer cannot be used. So does it give the applicant or the the uh the older the possibility of applying for a alternative standard. So by striking that section out, it just basically

1:10:2975 foot buffer. So we're just trying striking that part out the places that cannot be the 75 foot buffer.

1:10:36Okay. So there's no appeal there. Is that you is that what you're saying?

1:10:41Correct. As it is right now, there's no appeal. It's just the the code is prohibitive, there's no appeal. At this point, then someone can apply for an alternative standard. Let's say that the alternative standard is not granted, they can appeal the alternate the non-granting of the alternative standard. Or vice versa. If the alternative standard is granted, then they can, you know.

1:11:02Okay, so they can apply for an alternative standard, yeah. Okay.

1:11:07I do want to also say that um

1:11:11Our colleagues in current planning are also working with the industry to

1:11:19make some modifications to the landscape section. So I think that eventually what's going to happen is that there's going to be a specific type of buffer for auto deepers that it's more, it's not the 75 foot necessarily.

1:11:37All right. Any other questions?

1:11:41Denise the thousand foot buffer for alcohol sales from a school. Yes. So you said something about administratively decided or

1:11:51No, no, no. Um the the waiver is an actual public hearing.

1:11:55Okay. So if

1:11:55you're in and answers the question or checks the box or as we verify it, we find that it's a thousand feet from a place of religious worship, a K through 12 public or private school or county park, then we tell them well you have to apply for a waiver and the waiver is applied. public hearing

1:12:13okay and that comes and that's gonna come to here now

1:12:16uh it would have to come to the planning of mission yes okay And just to be very clear also, that is for the places that do consumption of prices.

1:12:24Right, right.

1:12:27Like your house. Yeah.

1:12:33Okay. Any other questions?

1:12:37If not, I'll have our motion to adjourn.

1:12:40Oh you have to do that.

1:12:41How about a motion to approve? Jamie, you're already on the motion.

1:12:44I'll

1:12:45sec

1:12:45I'll

1:12:45second Chris Wool. I thought I thought you already approved it. Chris approved it.

1:12:52Okay, so we have a motion to approve. Do we have a second? Chris pulled it. I seconded it. Oh okay.

1:12:58It was a good try though, Charlie.

1:13:00Yeah.

1:13:02Thanks

1:13:02for your work, guys. I

1:13:03think we've already had the discussion. All in favor? Signified by roll call.

1:13:08Jamie Girardi. Aye. Michael Cox. Aye. Peter Hansel. Hi. Roberto Saez. Aye.

1:13:19Aye.

1:13:20Christopher Pohl.

1:13:21Aye.

1:13:21Chris Williams.

1:13:22Aye.

1:13:23And Chairman Charles Gray.

1:13:24Aye.

1:13:30Now we can get out of here, huh? Okay. Yeah, a motion, Jamie.