Hillsborough County City-County Planning Commission

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1 Hillsborough County City-County Planning Commission 601 E Kennedy Blvd., 18 th floor, Tampa, Florida, theplanningcommission.org EXECUTIVE SUMMARY Meeting Date: December 9, 2013 Agenda Item: Hillsborough County: CPA Future Land Use Element Text Change Presenter: Marcie Stenmark, ext. 364 Action Necessary: Yes SUMMARY: This is a publicly initiated text amendment to the Future of Hillsborough Comprehensive Plan for Unincorporated Hillsborough County regarding the location of future residential show business uses. Residential show business uses have been predominantly approved within the Gibsonton community. In 2011, an application was filed to request residential show business uses for over thirty properties within the Tropical Acres community, due to code enforcement citations. This application demonstrated a need for greater policy direction regarding the location of show business uses. The rezoning application was withdrawn. Over the past few years, community meetings were held to gain feedback regarding this issue. Several issues were identified as summarized below: Many properties in Tropical Acres have longstanding residential show business uses Many property owners in Tropical Acres and other communities are concerned regarding the potential expansion of show business uses in their neighborhood Approved residential show business zoning and overlays are predominantly located in Gibsonton Gibsonton has become more suburbanized since the introduction of show business uses in the 1970 s and several residential subdivisions have been approved in this community in recent years. Planning Commission and Development Services staff reviewed these issues and presented a two part approach to the community. The first step was a Land Development Code amendment that was approved by the Board of County Commissioners as part of the first round of This text amendment allowed for a limited duration legal nonconforming review for limited show business uses and clarified locational criteria for future show business uses. The second step is the proposed plan amendment direct future residential show business uses in Unincorporated Hillsborough County within the Gibsonton community, as shown

2 on the proposed map. In addition, the proposed policy recognizes the suburbanization of Gibsonton and the need for future study to identify potential additional areas where show business uses can be located. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution finding the amendment CPA CONSISTENT with the goals, objectives, and policies of the Future of Hillsborough Comprehensive Plan and recommends APPROVAL to the Board of County Commissioners. Attachments: Resolution and Amendment Staff Report

3 Hillsborough County City-County Planning Commission 601 E Kennedy Blvd., 18 th floor, Tampa, Florida, RESOLUTION Item: CPA Future Land Use Element Text Change Residential Show Business Policy Revisions to Policy 17.2 related to the location of residential show business uses. AYE NAY ABSENT DATE: December 9, 2013 Derek L. Doughty, P.E. Chair Mitch Thrower Vice-Chair Bowen A. Arnold Member-At-Large Stephanie A. Agliano Stephen L. Benson, AICP Theodore Trent Green, R.A. Brian P. Hollands Gary Pike Jacqueline S. Wilds Ray Young Ramond A. Chiaramonte, AICP Executive Director Derek L. Doughty, P.E., Chair Ramond A. Chiaramonte, AICP, Executive Director On motion of Seconded by The following resolution was adopted: WHEREAS, the Hillsborough County City County Planning Commission, has developed a long range comprehensive plan for unincorporated Hillsborough County entitled the Future of Hillsborough, pursuant to the provisions of Chapter , Laws of Florida; and WHEREAS, the Board of County Commissioners of Hillsborough County has adopted the Future of Hillsborough as the comprehensive plan for unincorporated Hillsborough County by Ordinance 89 28, as amended; and WHEREAS, the Hillsborough County City County Planning Commission staff has initiated a plan amendment regarding the location of residential show business uses; WHEREAS, the Hillsborough County City County Planning Commission reviewed the proposed text amendment and found it to be consistent with the following Objectives and Policies of the Future of Hillsborough Comprehensive Plan as described in the attached staff report:

4 RESOLUTION PAGE 2 CPA December 9, 2013 Future Land Use Element Policy 1.4: Compatibility is defined as the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. Compatibility does not mean the same as. Rather, it refers to the sensitivity of development proposals in maintaining the character of existing development. Neighborhood/Community Development Objective 16: Neighborhood Protection The neighborhood is the functional unit of community development. There is a need to protect existing, neighborhoods and communities and those that will emerge in the future. To preserve and protect neighborhoods and communities, all new development must conform to the following policies. Policy 16.1: Established and planned neighborhoods and communities shall be protected by restricting incompatible land uses through mechanisms such as: a) locational criteria for the placement of non residential uses as identified in this Plan, b) limiting commercial development in residential land use categories to neighborhood scale; c) requiring buffer areas and screening devices between unlike land uses; Policy 16.2: Gradual transitions of intensities between different land uses shall be provided for as new development is proposed and approved, through the use of professional site planning, buffering and screening techniques and control of specific land uses. Policy 16.3: Development and redevelopment shall be integrated with the adjacent land uses through: a) the creation of like uses; or b) creation of complementary uses; or c) mitigation of adverse impacts; and d) transportation/pedestrian connections e)

5 RESOLUTION PAGE 3 CPA December 9, 2013 Livable Communities Element Gibsonton Community Plan I. Introduction The Gibsonton Community Plan area lies in the southwest portion of unincorporated Hillsborough County and is within the SouthShore Areawide Systems Plan boundary. The Gibsonton area is estimated to be approximately 9,154 acres (14.3 sq. mi.), or 1.3% of Hillsborough County. The estimated population in February 2003 was 9,675, or less than 1% of Hillsborough County. By 2025, the population is projected to reach 13,891, a 63% increase from Socially, it is a readily identifiable community, featuring schools, services, and infrastructure; however, it has no town center. The Gibsonton community is in transition, a rapidly suburbanizing, no longer rural community but with some agricultural landscapes. Residents involved in show business in the form of touring carnivals are a unique segment of Gibsonton. The International Independent Showmen s Association headquarters are located in the area. Goal 4b: Gibsonton and the County will take steps to ensure that sustainable agriculture and residential show business zoned areas are protected from incompatible adjacent development, and to allow conversion to other land uses only when the land owner wishes to cease farm, ranch or RSB operations. NOW, THEREFORE, BE IT RESOLVED, that the Hillsborough County City County Planning Commission finds the proposed amendment CPA CONSISTENT with the Future of Hillsborough Comprehensive Plan and recommends to the Board of County Commissioners that the amendment be APPROVED.

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7 Planning Commission Public Hearing December 9, 2013 October Cycle 2013 Staff Report CPA Future Land Use Element Text Change Residential Show Business Policy Revisions to Policy 17.2 related to the location of residential show business uses. I. PROPOSED COMPREHENSIVE PLAN AMENDMENT A. Description of Request For many years, the Future Land Use Element has included policy 17.2 recognizing the special needs of residential show business residents. Show business uses include the storage and servicing of equipment as well as group quarters. Comprehensive Plan Amendment is a publicly initiated text amendment to Future Land Use Element (FLUE) Policy 17.2 related to the location of the Residential Show Business uses. The adopted policy does not provide geographic guidance regarding show business uses. In 2011, a show business overlay application was filed for forty properties within Tropical Acres, due to code enforcement citations. This application demonstrated a need for greater policy direction regarding the location of show business uses. The rezoning application was withdrawn in lieu of the Land Development Code amendment to resolve the code enforcement issue. Over the past few years, Development Services and Planning Commission staff held community meetings to understand the issue. Several issues were identified as summarized below: Many properties in the Tropical Acres community have longstanding residential show business uses Many property owners in Tropical Acres and other communities are concerned regarding the potential expansion of show business uses within their neighborhood Approved residential show business zoning and overlays are predominantly in Gibsonton 1

8 Planning Commission and Development Services staff reviewed these issues and presented a two step approach to the community. The first step was a Land Development Code amendment that was approved by the Board of County Commissioners as part of the first round of This text amendment allowed for a limited duration legal non conforming administrative approval process for limited show business uses and clarified locational criteria for future show business uses. The second step is this proposed plan amendment directing future residential show business uses within the Gibsonton community, as shown on the proposed map. The proposed boundary includes most of the approved show business zoning and overlays in Unincorporated Hillsborough County. On November 13, 2013, the International Showmen s Association invited staff to a meeting regarding the proposed plan amendment. In this meeting, representatives of the Showmen s Association indicated that the Gibsonton area has become more suburbanized since the introduction of show business uses in the 1970 s and several residential subdivisions have been approved in this community in recent years. These changes are limiting the amount of land available to show business uses. To address these concerns, staff included a draft policy allowing a future study to determine if the boundary can be expanded or additional areas could be added. Proposed Text Amendment FUTURE LAND USE ELEMENT Residential Show Business Policy 17.2: In order to accommodate the special needs of the seasonal show business residents, Hillsborough County shall provide for the limited storage and attendant servicing of show business equipment in some residential zoning districts. Compatibility with surrounding uses shall be ensured through adherence to the following locational criteria: A) The site constitutes infill or a logical extension of an existing show business use; alternatively, it is infill or an extension of an existing commercial or industrial use which displays characteristics similar to show business uses, such as outdoor storage, and is thus compatible with such area. 2

9 B) The Board of County Commissioners has found that the site meets the intent of the grouping of show business uses. In order to accommodate the special needs of show business residents including limited storage, attendant servicing of show business equipment, and group quarters, show business uses may only be considered within the Gibsonton community as depicted on the map below within zoning districts that allow residential uses. In order to recognize the suburbanization of Gibsonton, and to provide for the future expansion of show business uses, a future study should be conducted to determine if the boundary can be expanded or additional areas could be added. A. The Land Development Code shall provide locational criteria to ensure compatibility with surrounding uses. B. Show business zoning and overlays outside of this boundary remain in effect and approval of this boundary is not intended to make these zonings and overlays non conforming. Residential Show Business Use Map Future RSB uses may be considered with this boundary 3

10 B. Review Agency/Department Responses Copies of agency comments are included as an attachment to this report and were received by the following Hillsborough County Agencies/Departments: Hillsborough County Development Services Department Hillsborough County Public Utilities Department Hillsborough County School District Tampa Bay Water Metropolitan Planning Organization Transportation Section Environmental Protection Commission Hillsborough County Solid Waste No objections were received. 4

11 C. Conformance with the Future of Hillsborough 2025 Comprehensive Plan The proposed plan amendment is CONSISTENT with the following objectives and policies in the Future of Hillsborough Comprehensive Plan. Future Land Use Element Policy 1.4: Compatibility is defined as the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. Compatibility does not mean the same as. Rather, it refers to the sensitivity of development proposals in maintaining the character of existing development. Neighborhood/Community Development Objective 16: Neighborhood Protection The neighborhood is the functional unit of community development. There is a need to protect existing, neighborhoods and communities and those that will emerge in the future. To preserve and protect neighborhoods and communities, all new development must conform to the following policies. Policy 16.1: Established and planned neighborhoods and communities shall be protected by restricting incompatible land uses through mechanisms such as: a) locational criteria for the placement of non residential uses as identified in this Plan, b) limiting commercial development in residential land use categories to neighborhood scale; c) requiring buffer areas and screening devices between unlike land uses; Policy 16.2: Gradual transitions of intensities between different land uses shall be provided for as new development is proposed and approved, through the use of professional site planning, buffering and screening techniques and control of specific land uses. Policy 16.3: Development and redevelopment shall be integrated with the adjacent land uses through: a) the creation of like uses; or 5

12 b) creation of complementary uses; or c) mitigation of adverse impacts; and d) transportation/pedestrian connections Livable Communities Element Gibsonton Community Plan I. Introduction The Gibsonton Community Plan area lies in the southwest portion of unincorporated Hillsborough County and is within the SouthShore Areawide Systems Plan boundary. The Gibsonton area is estimated to be approximately 9,154 acres (14.3 sq. mi.), or 1.3% of Hillsborough County. The estimated population in February 2003 was 9,675, or less than 1% of Hillsborough County. By 2025, the population is projected to reach 13,891, a 63% increase from Socially, it is a readily identifiable community, featuring schools, services, and infrastructure; however, it has no town center. The Gibsonton community is in transition, a rapidly suburbanizing, no longer rural community but with some agricultural landscapes. Residents involved in show business in the form of touring carnivals are a unique segment of Gibsonton. The International Independent Showmen s Association headquarters are located in the area. Goal 4b: Gibsonton and the County will take steps to ensure that sustainable agriculture and residential show business zoned areas are protected from incompatible adjacent development, and to allow conversion to other land uses only when the land owner wishes to cease farm, ranch or RSB operations. D. Staff Analysis The proposed amendment is the second step in a two step response to issues raised by the Tropical Acres neighborhood and the Showmen s industry. A Land Development Code amendment was approved by the Board of Commissioners as part of the first round of 2013 creating a short duration legal non conforming use process for show business uses and adding locational criteria. As currently adopted, Future Land Use Element Policy 17.2 allows the introduction of new show business groupings in areas that do not have approved show business zoning or overlays. The proposed amendment will protect and preserve neighborhoods that do not have approved show business uses. 6

13 The Gibsonton Community Plan within the Livable Communities Element recognizes and supports show business uses. As a result, Gibsonton is a logical location for future show business uses; however, Gibsonton is transitioning to a suburban community and more land may be needed in the future to support show business uses. The proposed policy recognizes the need for future study to consider potential additional areas for show business uses. E. Staff Conclusions and Recommendation In conclusion, staff finds the proposed amendment CPA consistent with the goals, objectives and policies of the Comprehensive Plan. It is recommended that the Planning Commission approve the attached resolution finding the proposed plan amendment CONSISTENT with the Future of Hillsborough Comprehensive Plan and recommends APPROVAL of this Future Land Use Element text amendment CPA to the Board of County Commissioners. 7

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16 M E M O R A N D U M DATE: October 21, 2013 TO: FROM: Hassan Halabi, Senior Planner The Planning Commission Eli Alvarado, Project Manager II Public Utilities Department SUBJECT: Review of Plan Amendments CPAs and through The Public Utilities Department Solid Waste (PUD/SW) staff has reviewed the Comprehensive Plan Amendments cited above, and has the following comments: 1. The adopted level of service for solid waste in Hillsborough County is 2 years of permitted landfill space, with 10 years of raw land under the control of the County available. 2. The County currently has years of permitted landfill space and additional area available to permit. 3. There is no initial capital investment required to maintain an adequate Level of Service with the projected impacts from the changes in the Land Use classifications. 4. Any annual operating costs resulting from the projected impacts will be recovered through the rates established for the Solid Waste Management System. 5. The Public Utilities Department has a CIP program, which includes maintaining and expanding its Solid Waste Management System. Please contact me at (813) should you have any questions.

17 Hassan Halabi From: Sent: To: Cc: Subject: Moran, Kevin Thursday, October 31, :42 PM Hassan Halabi Rawls, Thomas RE: Review Request for the October 2013 Submittal of Comprehensive Plan Amendments Mr. Halabi, Hillsborough County Public Utilities Staff have reviewed the proposed map change and have no objections. The developer of the property will be responsible for all costs to bring potable water and wastewater service to the site. Kevin Moran, P.E. Section Manager Planning, GIS and Records Public Utilities Department Hillsborough County BOCC p: x:43356 f: e: w: Please note: All correspondence to or from this office is subject to Florida's Public Records laws. From: Hassan Halabi Sent: Friday, October 18, :43 AM To: Richard Garrity Rogers, Ronald; Linda walker Bud Whitehead; Mark Thornton Moreda, Joe; Williams, Michael; Lorraine Duffy-Suarez Sharon A. Gonzalez (Business Fax); Alvarado, Eli; T. Barton Weiss Moran, Kevin; Beth Alden; Hiznay, Tom; Dan Santos Kamermayer, Carolyn; Subject: Review Request for the October 2013 Submittal of Comprehensive Plan Amendments The Planning Commission has received a request to amend the Future of Hillsborough Comprehensive Plan for Unincorporated Hillsborough County. Please review the plan amendment and forward all comments to the Planning Commission no later than October 31, Your comments should address the following information, if applicable: a) The adopted Level of Service; or Response Time; or Capacity Standards in this area. b) The current Level of Service; or Response Time; or Capacity Standards in this area. c) The initial capital investment required maintaining adequate Level of Service; or Response Time; or Capacity Standards with the projected impacts from the proposed Land Use classification. 1

18 d) The annual operating cost to maintain adequate Level of Service; or Response Time; or Capacity Standards with the projected impacts from the change in the Land Use classification. e) Any planned or programmed improvements for facilities. f) Any other comments that are relevant to the proposed change. Please contact, Krista Kelly at (813) , ext. 328 should you have any questions on this matter. In your response, please clearly reference the plan amendment being reviewed. Thank you in advance for your cooperation in reviewing this proposed plan amendment. Hassan Halabi Senior Planner Hillsborough County City-County Planning Commission (813) ext We are committed to maintaining the highest level of service and we value your feedback. Please complete our Customer Service Survey by visiting As a public agency, all incoming and outgoing messages are subject to public records inspection. 2

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21 RICK SCOTT GOVERNOR Florida Department of Transportation N. McKinley Drive Tampa, Florida October 30, 2013 ANANTH PRASAD, P.E. SECRETARY Mr. Hassan Halabi, Senior Planner The Planning Commission 601 East Kennedy Boulevard, 18 th Floor Tampa, FL Re: Hillsborough County Proposed Amendment: October 2013 Submittal Cursory Review (CPA 13-03, -08, -09, -10, -11, -12) Dear Mr. Halabi: We have reviewed the County initiated Comprehensive Plan (the Plan) Amendment October 2013 Submittal according to Chapter 163, Florida Statutes, and our review guidelines. The Department is providing the following cursory assessment. Background: With an estimated 2010 population of 832,340 (County estimate), unincorporated Hillsborough County is 909 square miles in size. Land uses with large amounts of acreage include residential, agricultural, public/quasi-public and commercial. The cities of Tampa, Temple Terrace and Plant City are located within Hillsborough County. Numerous federal and state facilities traverse the county, including I-4, I-75, I- 275, US 41, US 92, US 301, SR 60, SR 574, SR 580, and SR 589. Proposal: The County is proposing several modifications, including two land use plan amendments, two map amendments and one text amendment. CPA 13-03: This is a text amendment that modifies Policy 17.2 of the Future Land Use Element. The change will allow for the limited storage and attendant servicing of show business equipment in some residential zoning districts within the 10,950 acre Gibsonton Community. Because this has limited impacts on transportation facilities, the Department has no comments. CPA 13-08: This proposed amendment deletes the current Potable Water Wellfield Protection Areas Map within the Conservation and Aquifer Recharge Element and replaces it with an updated map. Comments: Any work performed on wellheads within the right-of-way of any state roadway will require a permit.

22 Mr. Hassan Halabi October 30, 2013 Page 2 CPA 13-09: This land use plan amendment changes 8.04 acres located at North 60 th Street and Columbus Drive from Office Commercial-20 (OC-20) to Light Industrial- Planned (LI-P). Comments: Because there is a change in use, either show that there will be a reduction in trip generation (using the existing uses highest and best potential vs. the highest and best under the Light Industrial-Planned) or provide a transportation analysis to show the possible impacts on state facilities such as I-4, SR 60 and US 301. CPA 13-10: This land used plan amendment will modify 23 acres from Residential-1 (RES-1) to Suburban Mixed Use-6 (SMU-6) on property located at North Dale Mabry and Van Dyke Road. Comments: An increase in density will lead to an increase in trip generation. Please carry out a transportation impact study to determine the effects of the land use change on Dale Mabry, Veterans Expressway and US 41. Veterans Expressway and Dale Mabry north of Veterans Expressway are both part of the Strategic Intermodal System (SIS). CPA 13-11: This proposal would extend the Urban Service Area to include those three parcels on North Dale Mabry and Van Dyke Road that are the subject of CPA Without this USA expansion, the proposed density requested in CPA would not be allowed. Comments: Any utility construction will need to be located on the outside perimeter of the Dale Mabry frontage road right-of-way. For permitting information, please contact Bob Valdez at (813) Thank you for the opportunity to provide an initial review of this amendment. Should you have any questions please do not hesitate to contact me at or jeffery.dow@dot.state.fl.us. Sincerely, Jeffery F. Dow LGCP Coordinator cc: Charles White, Hillsborough County Development Services Waddah Farah, PDA Administrator, FDOT District 7 Daniel Santos, AICP, Growth Management Supervisor, FDOT District 7

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24 MEMORANDUM DATE: October 31st, 2013 TO: FROM: RE: Hassan Halabi, Senior Planner Bud Whitehead, MPO/Transportation Section CPA Future Land Use Element Text Change Residential Show Business Policy Revisions to Policy 17.2 related to the location of Residential Show Business Uses. Staff has reviewed the proposed text amendments to the Future Land Use Element, Policy 17.2, related to the location of Residential Show Business uses. The proposed text amendments, in and of themselves, will not have transportation impacts. If approved and applied to specific parcels of land in the future, the specific transportation impacts of those proposals and the surrounding transportation system will be evaluated.