Policy leadership

1

City of Tarpon Springs, Florida

STAFF REPORT

February 19, 2019

TO: MAYOR & BOARD OF COMMISSIONERS

FROM: PLANNING AND ZONING DEPARTMENT

HEARING FEBRUARY 25, 2019 (PLANNING AND ZONING BOARD)

DATES: FEBRUARY 26, 2019 (BOARD OF COMMISSIONERS)

MARCH 19, 2019 (BOARD OF COMMISSIONERS)

SUBJECT: APP-18-149: ORDINANCE 2019-03 TO AMEND THE LAND DEVELOPMENT CODE: SECTION 209.00 CONDITIONAL USES:

AN ORDINANCE OF THE CITY OF TARPON SPRINGS, FLORIDA,

AMENDING ARTICLE XII. ADMINISTRATION AND

ENFORCEMENT, SECTION 209.00 CONDITIONAL USES OF

APPENDIX A, COMPREHENSIVE ZONING AND LAND

DEVELOPMENT CODE, OF THE CODE OF ORDINANCES BY

PROVIDING THE CORRECT TITLE OF THE PLANNING AND

ZONING DEPARTMENT, CHANGING THE WORD “LAPSED” TO

“EXPIRED,” ADDING “OR DESIGNEE” TO APPROVAL BY THE

CITY MANAGER, AMENDING THE EXPIRATION PROVISION OF

AN APPROVED CONDITIONAL USE, ADDING A WAIVER OF THE

ONE YEAR EXPIRATION, AND PROVIDING AN ALTERNATE

EXPIRATION SCHEDULE WHEN A CONDITIONAL USE IS

APPROVED IN CONJUNCTION WITH A DEVELOPMENT

AGREEMENT; PROVIDING FOR SEVERABILITY; AND FOR AN

EFFECTIVE DATE.

I. STAFF RECOMMENDATION

Staff recommends approval of Ordinance 2019-03.

II. BACKGROUND

The City’s current conditional use approval framework provides for an expiration date of

one year from approval unless a building permit has been issued. The City has found that

additional flexibility on the continuation of conditional uses is desirable when approval is

done in conjunction with a Development Agreement approved pursuant to Section Article

VI of the City’s Land Development Code (LDC). Site plans are often approved separate

from the conditional use approval and the City wishes to require all site plans to be

approved within 12 months of the conditional use approval. This will provide additional

flexibility. The City has had a couple of instances where conditional uses have lapsed

because applicants had to also receive site plan approval and heritage preservation approval

2

before applying for building permit approval. The remaining recommended changes are to

clarify procedures and to provide for updated references.

List of Exhibits: 1) Ordinance 2019-03

ORDINANCE NO. 2019-03

AN ORDINANCE OF THE CITY OF TARPON SPRINGS, FLORIDA,

AMENDING SECTION 209.00 OF ARTICLE XII. OF APPENDIX A, THE

COMPREHENSIVE ZONING AND LAND DEVELOPMENT CODE BY

PROVIDING THE CORRECT TITLE OF THE PLANNING AND ZONING

DEPARTMENT, ADDING THE WORDS “OR DESIGNEE” TO APPROVAL

BY THE CITY MANAGER, PROVIDING FOR THE ABILITY TO APPROVE

A SITE PLAN SEPARATE FROM THE CORRESPONDING CONDITIONAL

USE APPROVAL, AMENDING THE EXPIRATION PROVISION OF AN

APPROVED CONDITIONAL USE, ADDING A WAIVER OF THE ONE

YEAR EXPIRATION, AND PROVIDING AN ALTERNATE EXPIRATION

SCHEDULE WHEN A CONDITIONAL USE IS APPROVED IN

CONJUNCTION WITH A DEVELOPMENT AGREEMENT; PROVIDING

FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Tarpon Springs deems it to be in the best interest of the health, safety,

and welfare of its citizens to provide for flexibility in setting the expiration dates of conditional uses when

approved in conjunction with a development agreement; and,

WHEREAS, the Board of Commissioners realizes the lack of certainty in the approval of

development can result in a waste of economic and land resources and escalate the cost of housing and

development; and

WHEREAS, the Board of Commissioners desires to allow conditional uses to be approved separate

from the site plan, but all site plans must be approved within 12 months of the conditional use approval;

and,

WHEREAS, the Board of Commissioners recognizes that providing the ability to waive the one

year expiration date of a conditional use when approved in conjunction with a development agreement

provides additional certainty to developers, and

WHEREAS, the Board of Commissioners of the City of Tarpon Springs has determined that

amendments to Section 209.00 of Article XII of Appendix A, the Comprehensive Zoning and Land

Development Code, are necessary to make such changes.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF

THE CITY OF TARPON SPRINGS, FLORIDA:

SECTION 1. That Section 209.00 of Article XII. of Appendix A, the Comprehensive Zoning and Land

Development Code, is hereby amended as follows:

§ 209.00 - CONDITIONAL USES

(A) Conditional uses shall be established by the use restrictions of the various zoning districts in

this Code and shall be subject to the approval procedures of this section.

(B) All conditional uses other than a conditional use granted in connection with a nonconforming

lot application as herein provided shall be subject to the following requirements:

2

(1) Compliance with the provisions of this Code.

(2) Site plan approval, if required, in accordance with the provisions of this Code. The site plan

and conditional use may be approved separately but the site plan must be approved within

12 months of the conditional use approval.

(3) Compliance with the use, dimensional, and other restrictions of the zoning district in which

it is located.

(4) Compliance with the provisions of the City Comprehensive Plan.

(C) In connection with the approval of any Conditional Use the Board of Commissioners may make

the granting conditional upon such restrictions, stipulations, and safeguards it deems necessary to

ensure compliance with the provisions of this Code and the Comprehensive Plan. Violation of

such conditions shall be deemed a violation of this Code to be enforced as such.

(D) Applications for conditional use approval shall be filed with the Planning and Zoning Division

Department on forms provided by the Director and shall include the required fee established by

this Code.

(E) The Director shall forward all applications to the City's Technical Review Committee (TRC) for

administrative and completeness review to determine compliance with the provisions of this

Code, the Comprehensive Plan and all applicable building codes.

(F) Upon receiving a determination from the TRC that the application is complete and ready for

processing the Director shall notice the application for public hearing before the Planning and

Zoning Board and Board of Commissioners.

(G) Notice of public hearing shall constitute written legal notice in accordance with the requirements

of this Article.

(H) The Planning and Zoning Board shall hold a public hearing on the application for the purpose

of submitting a written recommendation to the Board of Commissioners. The written

recommendation shall contain any provisions of this Code pertaining to the request and determine

compliance with those provisions, state the policy considerations of the Comprehensive Plan

pertaining to the request and determine compliance with those provisions, and shall include

written comments filed pertaining to the application and oral comments entered at the public

hearing pertaining to the application.

(I) The written recommendation from the Planning and Zoning Board shall be for approval, approval

with stipulations, or denial; and shall indicate reasons for denial.

(J) The Board of Commissioners shall review the application and recommendation of the Planning

and Zoning Board. Approval by the Board of Commissioners shall be in the form of a Resolution

which contains all stipulations of approval.

(K) Approval of a conditional use shall be by a majority of those Board members voting on the

application.

(L) Any application may be withdrawn at any time. A request for withdrawal shall be made in

writing to the Planning and Zoning Director.

(M) Any final action for denial shall not have another identical application filed on any part of the

subject property for a period of six months from the date of such final action.

(N) If a conditional use approved ceases for any reason, as documented by the owner, lessor, or

lessee of the premises, except where governmental action impedes access to the site, re-approval

in accordance with the following schedule is required:

3

(1) If a conditional use ceases for less than six months, its approval shall not be considered to

have lapsed expired and re-issuance of an occupational license a Local Business Tax Receipt

to maintain such use may be approved by the City Manager or designee.

(2) If the conditional use ceases for a period greater than six months but less than one year, the

required conditional use review shall be abbreviated and shall not require review by the

Planning and Zoning Board pursuant to § 209.00(F). Public notice pursuant to § 209.00(G)

and an application fee pursuant to § 246.00 shall be required.

(3) If the conditional use ceases for any length of time exceeding one year, review by the

Planning and Zoning Board in compliance with § 209.00(F), public notice pursuant to §

209.00(G), and an application fee pursuant to § 246.00, shall be required.

(4) If an occupational license for an approved conditional use, or a building permit for a site

plan approved in conjunction with a conditional use, is not issued within one year of

approval, the conditional use approval will be considered to have lapsed and An approved

conditional use will be considered expired, if a site plan is not approved within 12 months

of the conditional use approval. Should a conditional use approval expire, re-approval in

accordance § 209.00(N)(3) is required. Conditional uses approved in conjunction with a site

plan shall remain in effect provided the site plan complies with § 210.05.

(6) The Board of Commissioners may waive the one year expiration date of a conditional use

and approve an alternate expiration date/schedule when a conditional use is approved in

conjunction with a development agreement. The alternate schedule may not exceed the

maximum duration of the approved development agreement in accordance with §

96.00(D).

SECTION 2

If any provision of this ordinance or its application to any person or circumstance is held invalid, the

invalidity does not affect other provisions or applications of this ordinance which can be given effect

without the invalid provision or application, and to this end the provisions of this ordinance are severable.

SECTION 3.

This Ordinance shall become effective upon final passage and adoption.