LDRB (Land Development Review Board) approved Ordinance 2016-2072 restricting pawn shops, plasma centers, tattoo parlors and similar uses to C2 and Highway Commercial zones; elected John Gray chair.
7 items on the agenda · 5 decisions recorded
On the agenda
- 0.aRoll Call▶ 0:00
- 0.cApproval of Minutes: December 17, 2015▶ 0:47
- 1
Code Amendment COD2016-01 – Restricted Personal Service Uses
approvedStaff presented Code Amendment COD2016-01 establishing regulations for restricted personal service uses (blood plasma centers, body piercing, check cashing, cannabis enterprises, day labor, pawn shops, tattoo parlors), permitting them only in C2 and Highway Commercial zoning districts with 500-foot separation requirements from similar uses, daycares, places of worship, parks, libraries, recreation centers, schools, and adult uses. Five of six existing such uses in the city would become nonconforming but grandfathered. The board voted to approve and recommend the ordinance.
Ord. Ordinance #2016-2072
- motion:Motion to approve Code Amendment COD2016-01 regulating restricted personal service uses. (passed)
Massachusetts and CongressU.S. 19US 19 south of Marine ParkwayRed Apple SchoolSouthgate Shopping CenterWinn-Dixie Shopping CenterDr. CatoJoe PublicMr. GrayMr. MetlerMr. PerilloMs. Moran500-foot minimum separation distanceC2 General Commercial zoning districtCOD2016-01Highway Commercial zoning districtSix-month moratorium established September 15, 2015▶ Jump to 1:05 in the videoShow transcriptHide transcript
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[00:01:05] The first case today is DOD 2016-01 Restricted Personal Services Uses. Hear from the staff. Mr. Metler is going to present this to you today. Thank you. [00:01:31] This is a proposed code amendment of examining restricted personal service uses. On September 15, 2015, the New Port Richey City Council established a six-month moratorium on these seven specified uses, blood plasma centers, body piercing establishments, check cashing stores, cultivation, processing, or dispensing of cannabis, day labor establishments, pawn shops, and tattoo parlors. [00:01:58] The purpose of the moratorium was to examine the provision of these uses, the location of these uses, the provision of adequate access to these uses, but preventing an over concentration of these uses and to thereby prevent any negative effects to surrounding uses or surrounding neighborhoods. [00:02:18] So our goal in the development department was to determine the appropriate zoning districts to accommodate these uses, preventing an over concentration of these uses, and preventing negative impacts to the surrounding uses and neighborhoods. [00:02:33] In the ordinance before you, we've provided a definition of restricted personal service uses, which defines these uses as commercial retail and service uses, including blood plasma centers, body piercing establishments, check cashing stores, day labor establishments, pawn shops, tattoo parlors, and cannabis dispensing, processing, cultivation enterprises, which may tend to have a blighting and or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses [00:03:02] to minimize their adverse impacts. [00:03:05] With the ordinance, we have permitted these in two commercial zoning districts, General Commercial, also known as C2, and the Highway Commercial Zoning District. [00:03:16] We've provided development standards, which establish minimum front, side, and rear setbacks, minimum lot area, width requirements for the lots, height maximums, off-street parking standards, and design criteria for the uses. [00:03:32] And also with the standards, we've established 500 minimum separation distances to be observed. This would be 500 feet from other restricted personal service uses, daycare centers, places of worship, public parks, libraries, and recreation centers, schools, and adult uses. [00:03:52] And the staff has mapped the existing uses that we find in the city. We discovered that there are six such uses in the city. Here you see them mapped on the future land use map. [00:04:08] We have a tattoo parlor in U.S. 19, a pawn shop on 19, and a strip shopping center. This particular parcel is just outside of the city's jurisdiction, just south of Main Street in the uncorporated county. [00:04:22] This is a tattoo parlor on Massachusetts, just at Massachusetts and Congress. And then down here at the Southgate area, within the Southgate shopping center, there's a check cashing store. And on 19, south of Marine Parkway, we have a pawn shop and another check cashing store. [00:04:42] Looking at the zoning districts, again, you see the seven uses. Also, we were looking at both perhaps a 500 foot buffer and a 1,000 foot buffer. We were looking at the location of the uses in relation to residential uses, and we did discover that most of them are adjacent to residential uses. [00:05:04] And with the nature of the layout of commercial zoning in the city, most of these uses were going to be adjacent to residential uses. And as a result, it was ultimately decided it was not practical to require a minimum separation distance from a residential district, because thereby you would probably omit any opportunities for there to be such a use in the city. [00:05:30] Looking at the existing uses, to determine if any of the existing uses would be nonconforming, we found that I think five of the six uses would be nonconforming. [00:05:43] The tattoo parlor, which is located on 19, just north of the map, is not adjacent to any of the nonconforming uses. This pawn shop is on the same parcel as a church, has a church to the east and a school to the south within the 500 foot buffer. [00:06:01] The pawn shop that's located in the Winn-Dixie Shopping Center is within 500 feet of a church and daycare to the north. The recreation center to the west, to the Red Apple School to the east. This is the pawn shop that's in the unincorporated county, and it's not within 500 feet of any of the uses. [00:06:24] The check cashing store in the Southgate Shopping Center is within 500 feet of the Catholic Church to the east, and to the pawn shop to the south. The pawn shop is within 500 feet of the check cashing store, and the check cashing store to the south, and the check cashing store here is located within 500 feet of the pawn shop to the north. [00:06:47] So five of the six uses within the city would be nonconforming. However, there should be enough space, enough commercial locations on US 19 and in other commercial areas that could accommodate any future uses while observing the minimum separation distances that have been established. [00:07:08] So we believe that we've addressed the concerns that were expressed in the moratorium. We've allowed the uses in the two commercial zoning districts, C2 and Highway Commercial, and we've provided the separation distances to prevent an over concentration of these uses. And does the board have any questions? [00:07:26] Yes, I do. The nonconforming that are presently there would be grandfathered in, is that correct? Correct. That is correct. But if they left, then that grandfather would not carry over, is that correct? That is correct. [00:07:40] Even if it was assumed by the same business? If you didn't change the use, the next tenant? If there was to be no interruption in operation, then the nonconforming status would continue. If there was a break in operation, then the new use would be nonconforming. [00:08:01] The break in operation has to be 12 consecutive months. So someone could come in with a new business of the same nature within that 12 month period, get a business tax receipt, and proceed. There has to be a break of 12 consecutive months. [00:08:15] Anyone else have any questions of staff? Just one. How were the categories established? They were established in the moratorium, and I might defer to Joe Public, who might determine exactly where that list came from. [00:08:42] The list was derived from just conversations between myself and the development director about some of the problematic uses that we either had or anticipated maybe coming to the city, and we wanted to address those before it became an issue. [00:08:55] I observed at the council meeting that I happened to attend when they were discussing that, that the tattoo parlor was a bit more controversial because it was a little bit more mainstream, I think. [00:09:13] That's correct, and we could anticipate that discussion being prevalent when this ordinance gets forward to them, and they could choose to eliminate some or any of the ones that we've included, but we just were using the guidance that was provided through the moratorium. [00:09:32] How many of those tattoo parlors do we have in the city limits now? Two. Two operate as tattoo parlors. The one just beside the bridge on 19? Correct. Where's the other one? In the Winn-Dixie Shopping Center. Congress in Massachusetts. [00:09:50] Any other questions of staff? And the recommendation of staff is for approval of this? Yes, please. Motion to approve. Motion made to approve. Is there a second? Motion made and seconded. [00:10:04] Is there any further discussion? Being none, can I have a roll call vote, please? Ms. Moran? Mr. Perillo? Yes. Dr. Cato? Yes. Mr. Gray? Yes to the motion. [00:10:18] We have one other item to bring up. Yes, please. We have been looking at the rules and regs of the board, and the voting members of the board are to elect a chair and a vice chairperson to serve.
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- 2
Discussion of Land Development Review Board Rules
approvedThe Land Development Review Board discussed staff's recommendation to elect a chairperson and vice chairperson annually from its membership. The board elected John Gray as chair and Don Cato as vice chair, both by unanimous vote.
- vote:Elect John Gray as chairperson of the Land Development Review Board. (passed)
- vote:Elect Don Cato as vice chairperson of the Land Development Review Board. (passed)
- direction:Adopt the practice of electing chair and vice chair from the board membership on an annual basis. (passed)
▶ Jump to 10:25 in the videoShow transcriptHide transcript
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[00:10:45] And since I've been here, that hasn't occurred, and we thought maybe it was timely to reconsider that. And at your discretion, how you would like to proceed with that, but that would be the recommendation of the staff to have the board elect from its membership a chairperson and a vice chairperson to serve on an annual basis. [00:11:05] This is an annual requirement, is it? It actually doesn't specify that, but in most cities that is the practice that is held, so it gives... We've always been a little different. We have. It gives the opportunity for others to serve in the capacity as the chair and the vice chair. [00:11:25] Okay, do you want to do that? What's the pleasure of the board? Yeah, that would be good. I nominate John Gray as the chair. Is there a second for that nomination? I second. [00:11:53] Is there any further nominations? Okay, nominations are closed. All in favor? Aye. Opposed? Aye. For the record. All right, we have any nominations for vice chair? [00:12:20] Don Cato. Dr. Cato, Don Cato is nominated. Is there a second to that? Seconded? Any other nominations? Seeing none, the nominations are closed. All in favor, say aye. Aye. Unanimous. Is that it, Lisa?
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- 3
2016 Meeting Dates
The board briefly addressed the 2016 meeting dates, with reference to the next meeting being held on February 18th.
▶ Jump to 12:41 in the videoShow transcriptHide transcript
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[00:12:41] We look forward to seeing you again on February 18th.
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- 4
Adjourn
Board members raised concern that minutes reflected approval of an ordinance (capital improvement element) without adequate prior review. Staff clarified that the board acts as the local planning agency making recommendations, while city council takes formal action, and committed to providing better notice during the budget process. The meeting then adjourned.
▶ Jump to 13:11 in the videoShow transcriptHide transcript
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[00:13:11] I'd like to add to that. [00:13:40] It ended up being in writing that that was something that we approved, and to what Dr. Cato is referring to. And I felt uncomfortable with that as well, that it ended up in writing that way, and that perhaps someone could subsequently say, hey, you know, these guys discussed that and they approved that, and well, we didn't have any input at all. [00:14:04] The wording in the minutes, and this is what we do with anything that's of legislative matter, which is an ordinance. The capacity of the board, you serve as the local planning agency, and your capacity is to make a recommendation. And so the minutes reflect that the board recommended approval of that ordinance, and then city council is the only authority to actually take formal action on it. [00:14:28] So you are the recommending body in that case, not the formal determiners. [00:14:34] But I think what they're saying is that we're not recommending something they haven't had a chance to review in advance. [00:14:41] And our recommendation is going to the city and its council, more or less saying, well, we've never really been very good at rubber stamping anything. [00:14:52] We will be sure and get better notice out about, certainly, the budget process as a result. [00:15:00] and this capital improvement element, which is kind of a part [00:15:02] of that as well, so you know earlier [00:15:05] on where the budget process is. [00:15:07] And join us for all the fun that we [00:15:10] have during that many months of enjoyment. [00:15:14] So thank you for the comment. [00:15:17] Anything we can do to help, you know. [00:15:21] Is there any further business to bring before the board? [00:15:25] What about you, Joe Public? [00:15:27] I have nothing, sir, other than a congratulations to you [00:15:30] for chairman and vice chairman. [00:15:36] You noticed what I said, right? [00:15:38] Joe Public. [00:15:39] I noticed it. [00:15:39] I just chose to ignore it. [00:15:40] To ignore it. [00:15:42] Yeah. [00:15:43] Thank you, Mr. Public. [00:15:45] You're welcome. [00:15:46] All right.
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- 0.b
Pledge of Allegiance
Pledge of Allegiance.