City of Sanibel Planning Department STAFF REPORT Planning - PDF document

City of Sanibel Planning Department STAFF REPORT Planning Commission Meeting July 9, 2013 Agenda Item: No. 7 a. Subject: Commercial Redevelopment Kickoff Discussion by the Planning Commission At the June 6, 2013 City Council meeting Staff was directed to bring permitted uses, interconnectivity, and parking, as topics for further review and discussion, to the Planning Commission for the continuation of the commercial redevelopment study and preparation of appropriate revisions to these three land use categories. The purpose of this report is to establish a basic framework for the Planning Commission to begin their discussion with regards to potential update of the current list of permitted and conditional commercial uses and the development of specific procedures for adding commercial uses that are not presently listed. At this time the land use categories regarding interconnectivity and parking will be scheduled separately at a future Planning Commission meeting once City Council finishes their review. To start this discussion it is suggested that the Planning Commission:  Review the current list of permitted and conditional commercial uses in the Land Development Code;  Review examples of commercial uses that were never moved forward nor pursued in the past because they were not a permitted or conditional use that was listed;  Consider potential commercial uses that may need to be removed or added to the current list of permitted and conditional uses; Important Issues to Address as Part of this Review a. Whether to retain the current list of permitted and conditional uses and the language that all other uses not listed are prohibited? b. Whether to retain the current list of permitted and conditional uses but reestablish previous language that allows new uses to be added if they are found to be similar in character, nature and intensity as those commercial uses that are presently listed?

c. Whether to retain the current list of permitted and conditional uses but establish language that prohibits uses if they are not found to be similar in character, nature and intensity as those commercial uses that are presently listed? d. When a new permitted or conditional use is proposed that is not currently listed how will the use be evaluated in order to determine whether it is similar to an existing permitted use or merits favorable consideration? A matrix of the existing list of permitted and conditional commercial uses is provided with this report for the Planning Commission to evaluated and provide comments on each of the current commercial uses in advance of the July 6, 2013 scheduled meeting. Permitted Uses and Conditional Uses During this discussion it is important to keep in mind that there are certain distinctions between uses that are deemed permitted from those that are conditional. Permitted uses are uses that are permitted outright and can be processed and issued as short form permits by Staff; conditional uses are not. Conditional uses are typically uses that are deemed to be essential or desirable to citizens and the growth of a community, but which are not allowed as a matter of right. These types of uses are processed as long- form permits and must be implemented with particular care in order to lessen otherwise adverse impact on the city and to neighboring permitted uses. Land Development Code Section 78-1 defines Conditional uses to mean “ a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use, as contained in the zoning ordinance, and only upon the issuance of an authorization therefor by the planning commission ” Below are some examples of commercial uses that have been inquired about in the past but were never moved forward nor pursued because they are not specifically listed in the Land Development Code as either a permitted or conditional use.  Office sharing (involving no more than two similar uses)  Dance and ballet Studio  Microbrewery  Music Lesson  Cooking Classes  Pet Day Care  Pedi-cab Service (non-motorized vehicles designed to convey passengers)  Miniature Golf  Bowling Alley  Barber Shop (offering beer and wine for onsite consumption)  Mobile Food Trucks  Bed and Breakfast  Tour operators Page 2 of 4

Below are some potential commercial uses that could be considered for inclusion to the current list of either permitted or conditional uses in the Land Development Code.  Artist classes  Dance and ballet studio  Cooking classes  Music Lessons  Electronic Stores  Home Inspection and Home Watch Services Finally, to conclude this discussion it is recommended that the Planning Commission take the following actions to: 1. Establish a process for considering and adding new permitted and conditional commercial uses to the existing list; and 2. Establish a procedure for these types of amendments to be brought before City Council for approval. Important Issues to Address as Part of Concluding this Review and Discussion Are: a. Whether additions and modifications to the list of permitted and conditional commercial uses should be process in the same manner as other Land Development Code amendments? b. Once a request is initiated to amend the current list of permitted and conditional commercial uses where should it start and is there a way to make this process efficient or not? c. What criteria should be established to evaluate and determine whether a particular commercial use should be added to or removed from the list of permitted and conditional commercial uses? Available Process Options to Consider  Planning Commission Review Process  Amendment Process  City Council Recommended Review Process by the Planning Commission When a permitted or conditional use is submitted for consideration either to be added or removed from the current list the request would need to schedule for a public hearing before the Planning Commission. The Planning Department would review the request, prepare a staff report and schedule the matter for a public hearing before the Planning Commission. At this Page 3 of 4

hearing the applicant would need to demonstrate and Planning Commission would need to find that for adding a new use it is similar in nature, character and intensity as an existing permitted or conditional use that is listed in the Land Development Code. Recommended Amendment Process If the Planning Commission approves a new uses for inclusion to the current list of permitted and conditional uses, then this action would need to meet the same legislative requirements as set forth for all other Land Development Code amendments. The same would hold true to have any use removed from the current list of permitted and conditional uses. The action taken by the Planning Commission and their recommendation would need to be reflected in a draft resolution prepared by the Planning Department. The draft resolution would then need to be brought back to the Planning Commission for final adoption at their next available scheduled meeting. A draft ordinance amending the Land Development Code list of permitted and conditional uses would also be accompanied with the resolution. Recommended Review and Adoption Process by the City Council Since all amendments to the Land Development Code are legislative in nature City Council would need to hold a first and second reading of the proposed ordinance before the use could actually be added to or removed from either the current list of permitted and conditional uses. _____________________________________________________________________________________ Attachment A: Permitted and Conditional Commercial Use List Matrix Page 4 of 4

ATTACHMENT A - Planning Department Staff Report – 7a Presentation of Permitted and Conditional Commercial Uses Permitted Commercial Uses*: July 9, 2013 Planning Commission Existing Permitted Use Keep as Permitted Use Change to Conditional Use Similar Uses to Consider Comments Accounting, auditing and bookkeeping services Advertising agents Animal training and grooming services Appraisers Architectural, engineering and surveying services Artists’ studios (retail) Auctioneering services Auto and home supply stores (retail) Bait and tackle shops (retail) Banks Barber shops Beauty shops Bicycle shops (retail) Blueprinting and photocopying services Book stores (retail) Building contractors and subcontractors Building materials stores (retail) Business associations Cablevision services Camera and photographic supply stores (retail) Candy, nut and confectionary stores (retail)

Existing Permitted Use Keep as Permitted Use Change to Conditional Use Similar Uses to Consider Comments Carpet and upholstery cleaning Child care services Children’s and infant’s wear stores (retail) Cleaning and maintenance services Commercial art galleries (retail) Cleaning and maintenance services Commercial art galleries (retail) Commercial photography Communication services Computer services Credit institutions Dairy product stores (retail) Detective agencies and protective services Developers Disinfecting and exterminating services Drug stores and pharmacies (retail) Florists (retail) Fruit and vegetable markets (retail) Funeral homes and parlors Furniture and wood products, manufacturing Furniture stores (retail)