P87 land development code amendment 45
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I most pass 5-0, thank you. P87.
P eighty seven was published in the Tampa Bay Times on October twenty-first, twenty twenty.
Denise Hernandez Planning and Development on this item. This is the first reading of Land Development Code Amendment 45. So I'm going to read the item title. And uh today there's no action required. Just please take public comment on this item. So this is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code, Chapter 300 Procedures, Table 303-5, required public hearing for development approval applications. 4-1 required public notice for development approval applications, Section 305, Neighborhood Meeting, Section 306, Neighborhood
Notice, Chapter 400, Permit Types and Applications, Section 402.3, Conditional Uses, Section 402.4, Special Exceptions, Section 402.5, miscellaneous uses, creating new section 402.5.D. Administrative use permits for the sale of alcoholic beverages. Section 406.5.i, right-of-way use permits, bond requirements. Chapter 500 Zoning Section 503 AC Agricultural District Section 511 RMH Mobile Home District Section 517 R4 High Density Residential District Section 522 Master Plan Unit Development District Section
521 C One Neighborhood Commercial District Section 526 C2 General Commercial District Section 528 I1 Light Industrial Park District Section 529 I2 General Induction Industrial District Park District, Section 530, Supplemental Regulations, Striking and Reserving Section 530.14, applicability of this code to the sale of alcoholic beverages, section 530.15 fraternal lodges and social and recreational clubs. Chapter 700, Subdivision and Planning Standards, Chapter 900, Development Standards, Section 901.1, Transportation Corridor Spacing,
Section 901.2, Transportation Corridor Management, Section 9025.2. Landscaping and buffering, Chapter 1000, Miscellaneous Structure Regulations, Section 1003, Gate Gates, Fences and Walls, Chapter 1100, Special Development Standards, Section 1101, Vehicle Dealerships, Section 1102, Large Scale Commercial Design Standards, Section 1105, Self-Storage Facilities. Design standards section 1200 nonconformities appendix A definitions and other sections as necessary for internal consistency, providing for applicability repealer,
providing for severability, inclusion into land development code, and an effective date. So I'm gonna go over the general highlights of this item. This item uh do wanna say that it was presented to if someone can bring up the PowerPoint, I'm sorry.
It was presented to the horizontal round table and interested parties meeting in their in their October meeting. It also went to the local planning agency and it was found consistent with the comprehensive plan and recommended approval to the Board of County Commissioners. Major highlights are the sale of alcoholic beverages, moves from conditional use required to permitted principal use for properties that are zone C1, C2, C3, and I. Which is something that the Board of County Commissioners has been asking us to do for quite some time now, subject to the issuance of an administrative
use permit for the sale of alcoholic beverages. There's a creation of section 402.5.d, which is the administrative use permit for the sale of alcoholic beverages. So all alcoholic beverage standards go into 402.5.d. They're moved from sparse through um spread through. Throughout the land development code and then 530.14 into 402.5. D. Waivers of the specific distance of a thousand feet from a real place of religious worship, a county park, and/or a pre-through K pre-K
through 12th grade public or private school are decided by the Planning Commission. So those will no longer come to the Board of County Commissioners, those go to the Planning Commission. Also, registration requirements for mobile food operations are removed with the 2020 legislative session. Those were preempted to the state, so the county cannot require require registration. So that was changed. Maintenance guarantee was moved from one year to 36 months for right of way bond requirements. That's current practice. Another highlight is allowance of a setback reduction to
no less than five feet for R4 high density residential district subdivisions. What you're gonna see with that is that some people are opting to do MPUDs where they are providing R4 lots, which is 60 by 100, 6,000 square foot lots, but for the fact that they have to meet a seven and a half foot side setback. There are provisions in the Land Development Code 902.2K2B. that provide uh requirements for drainage. And so that we made that change. Lot and area SEPAX for fraternal lodges and social and recreational
clubs proposed in PO2, C1, C2. And areas with those designations within an MPUD don't have to meet the minimum 20,000 square foot lot area. We're finding that those are being placed within strip centers. So it doesn't make sense to have to meet a 20,000 square foot minimum lot area in commercial and professional office districts when the lot areas for those districts are smaller than 20,000 square feet. Additionally, there's this 50-foot setback requirement. For all property lines in commercial districts and office districts makes
no sense. So it does make sense when they go for conditional use in agricultural districts, doesn't make sense in commercial districts. So we're making those changes. And then uh the last highlight is that uh 1101 vehicle dealerships, uh, we're striking that statement that states that locations that cannot meet the 75-foot buffer cannot be used. So basically, by having that statement, it doesn't allow anyone to do an alternative standard. standard or a variance. It just basically now it this opens it up for the allowance of an alternative standard to reduce the
setback or that buffer area of 75 feet. So if you have any questions, I'm here to answer the questions. And again, it's please accept public comment today on this item. And the actual adoption is on December 8th at 1.30 in Newport Ritchie. Yes, Commissioner.
Okay. Um,
Sorry. You called on me. Yeah, no, it's not. Oh I'm sorry. No, no, no, you're no you're fine.
Okay, so um Chapter 900, Development Standards, Landscape and Buffering, Vehicle Use U Area and Landscaping. So This adds
Go ahead and tell me what the changes are.
Yeah, absolutely. So the change is that uh currently throughout that section in the land development code, they it uses and or except that's that section only uses the word and so we're just adding or to it. So that they don't have to do all those things they could do or.
You mean they can put a
shade tree or ground
cover? Right, but those but those are just for the landscape areas. So the the vehicle vehicle use areas. This is not the the perimeter. This is the vehicle use areas inside of the parcel. But we're saying grass is okay. Yeah, so it's or. No shade. So it could be and or. So like the rest of the code says and or, except that this section doesn't say and or.
I don't know why we would just have grass. That doesn't do anything for aesthetic qualities.
Because what they're not gonna put anything but grass.
We can we can strike that change. Yeah,
Commissioner. Yeah. Um I could see um I mean we palm trees are allowed, right? Yes, it's just uh trees. So Um I could see maybe not wanting to put an oak tree inside your parking lot. I yeah, you don't want that stuff going on the cars, whatever. But I think palm trees are are fine and they break up that
the terminal
islands. So I
mean
you look at I'm sorry. Mr. Kia. But you look at that Kia parking lot and that's not a pretty thing. And New Port Richey's really having a problem with trying to make some changes there. So I I think we just um I think there has to be something and palm trees will fit the bill without birds don't go in palm trees and they don't drop stuff. I mean no unless you're using the kind that Royal palms, which none of them would use. Um, okay, my
next question. Uh Chapter 900 Development Standards, Section 905.2, point D, point two A, whatever. Um Clarifies that one tree is required for lots that are 6,000 square feet or in lot areas or less. Yeah. So I'm thinking of the preserve. Yeah,
so in this country, in this case a lot So here's the here's the problem and maybe I need to just clarify that. Right now the table says less than six thousand square feet, so it doesn't tell you what you need for a six thousand square foot lot. So we're just changing the language six thousand and less. Okay, so uh but does it require a tree in the front?
One one tree on the on the piece of property. So I have a problem with that because people put a tree in the back. And then a few months later it's gone. Um and if you if you would drive down some of these neighborhoods that have no trees, they look ghetto. I'm sorry. I try to think of a softer word, but um I think we need to require a tree in the front. Okay,
so um just the this is just a um this is a glitch, this this part here. I believe that our team is working on the landscape ordinance, and I would uh sit um have them meet with you to discuss the changes that they're being proposed, and so you could discuss that. This is just a glitch that we're bringing forward. Okay. So right now it doesn't tell us how many trees are required for AC. six thousand square foot lot so we're just including six thousand and less not less than six thousand all right
it's just a I would it's just a glitch during this time and when we're working on the next fix I encourage you to take a look and drive down neighborhoods that have no tree requirements and go through the ones that do and notice the difference in the values of the homes in the different neighborhoods. Okay, then um On the um car dealerships with the seventy-five foot? Yes. So um I'm in
I'm in favor of that. Because that that that seventy-five foot was put in place when the car dealerships were coming in. In Wesley Chapel. Yes. And th there were neigh uh existing neighborhoods and they didn't want the sound and the light. And I was on the ordinance review committee when we were working on this. But we do need to require some kind of um opacity.
Right. And that's part of the of that change that's being done to the landscape ordinance that is being worked on with a um with a team right now, um including the landscape architect architects and arborists. And we can um provide a a primer for that.
Um One of my uh beefs about our used car lots that are popping up overnight is the amount of cars that are parked on a small site. Um and so we're not fixing that in here. We're not. And when are we fixing that and how are we fixing
that? Um, we can discuss fixing that, but we're not fixing that. Um, nor do I know that we have any plans on fixing that right now.
Terry? Right. And I and I I'm gonna try and give you a video of one I took of uh Uh uh. One in um holiday. But are you not working on that somewhere?
Some of these used car lots, most most of whom are not permitted uses where they are, have um More cars in them than parking spaces and they're parking them in the driveways and in the open space and there's no place for a customer to park. They're also repairing them outside
vehicle spaces outside so Isn't there some kind of standard that uh uh like a car dealership should have x amount of space and x amount of cars. Hurry?
Well I think the answer is um The answer belongs to the question, are they following their site plan? Is their is their site programmed to do the work that they're doing? Um and if they're overparked, that means they're not following. The available parking spaces that are planned for that site. So it's a One might consider it a site plan violation at that point. So um But it there's
already a code in place that requires new development or any development really to have a site plan approved.
Yeah and so here's my beef again, who enforces that site plan rule? Besides Commissioner Starkey.
I believe that would be quoting enforcement. And
man, Jack, your your district is getting full of them too. Um
c code enforcement.
Court enforcement.
Right.
I I just think we need to look at some standards. And um I don't know how and where we start that dialogue, but I brought it up here before. But I would really like to look at some standards because I get so many complaints about what's going on. And it's not fair to the car dealerships who are following the big ones that are following the rules. And these fly by night ones come in. And they've been up this GG's been operating for a couple of years now and it's just totally denigrated the neighborhood.
So the issue is, you know, a site planning issue, one one of capacity for the parking lot. The parking lot's gonna be programmed for X amount of parking spaces, and if they're putting more cars, whether it's inventory or not inventory parking, Uh if they're putting too many cars in place, then what the parking lot would allow, then it's going beyond what the site plan approved. Or what's available for that property. So they're they're trying to fit too much on it, which makes it a site planning violation.
And I'm gonna send one what what's the email that I sent to you to show a video?
Because uh I think it's different than what it used to to be.
What? Oh it's Jordan? Okay. Okay. Other people may have questions, but as soon this as soon as this downloads, I'm gonna send it up so you can see GG's auto.
Yes, I I think I've seen the video, but
Okay. Well I I hope we can do something. I hope others feel the way I do.
Any other questions, comments? Commissioner Oakley?
Go ahead.
Terry, are we having any trouble with enforcement? Are we doing enforcement?
Uh Commissioner Yeah. I'm the planning and development director. I don't do enforcement. That might not be the right one to speak. Okay. But perhaps the actor can speak to it.
Yeah. Let's um if we could um get that either that mic turned up on the podium a little bit or we'll have to pull that mic up a little bit because I don't know how it's resonating at home.
Don't look at the first one I sent you. That's just the ground. Just throw that one out.
Uh we can hear you fine over here, uh Commissioner Moore.
Okay, good to hear Commissioner Oakley's question. Get the pun
coded portion.
Terry mentioned the site plans that are out there. Uh that have certain rules and requirements to to what they're allowed to put cars in. Commissioner Starkey's asking about doesn't look like they're enforcing it. Now I'm just asking, are we having a sort enforcement issues? Are we enforcing the code or not enforcing the code in this?
Uh Commissioner Yeah Mariano, we are enforcing the codes to the best of our ability. And one of the things that also is important to note is we do have some of these dealerships that have been grandfathered in. They were there prior to codes going into place. But if there's a specific one, Commissioner Starkey, that you're interested in, I did take a tour with the team to look at some of those. And those that we can do something, we've been in touch with them. And as you know, for the past few months, We've been on the whole
hiatus with issuing citations, but we're we've now got approval from uh the county attorney's office to go on and and do it. And I will again go out with staff and look at any specific ones that come up and do the research to see if it's grandfathered in or if it's one that we need to take to the next level of enforcement.
Thank you.
Commissioner Fitzpatrick, Commissioner Oakley, anything? No? Okay. All
right.
Um I sent I sent the video. I hope that you can get it. Oh we have a video.
Do you have a video?
The second one.
It's gonna take us a couple of minutes to set it up.
Okay, thank you.
Okay.
Any other questions in the meantime? No, there's no action that needs to be taken today. But I do need uh why don't I go ahead with public comment and see if there's any public comment while we're waiting for the video to load. Is there anybody at the at the on WebEx or was there any emails in reference to this item?
No one is at the WebEx or this item.
Anybody at the kiosk in reference to this item in particular?
No one is at the kiosk.
All right, thank you.
Well it's a beautiful day out at the same time, isn't it? It's Commissioner
O the video you sent, Commissioner, is only playing uh like a two-second snippet of sound. Okay.
Yeah, that's the first one is not the right one. It's the second one. I don't care about the sound. I just care about what you can see.
If you could load that. Understood.
Still waiting for it to come through.
Thank you. But it is a beautiful day out, isn't it? Skies are blue. Nice and cool out today. Feels like winter here in Florida.
Still having hurricanes.
Well um I I'm I'm okay if we want to move forward with this. Um and when the when the video There's no
action to be taken.
Yeah, we can when we can wait a second. He's loading it now, Commissioner Starkey.
It says use mail drop. Too bad. So how do I use mail?