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LPA02-09-11Min CITY OF LONGWOOD Land Planning Agency Minutes CITY COMMISSION CHAMBERS February 9, 2011 - 7:00 P.M. 175 W. Warren Avenue Longwood, FL 32750 ATTENDANCE: BOARD: STAFF: Bruce E. Noyes, Chair Sheryl L. Bower, AICP, Director Brian Fiore, Vice - Chair Russell Scott, RLA, Planner John R. Prince, Member Chris Kintner, AICP, Planner Robin Thorn, Member Giselle Gonzalez, Recording Secretary ABSENT: Judy Putz, Member 1. CALL TO ORDER Chair Noyes called the meeting to order at 7:00 p.m. • 2. ELECTION OF OFFICERS A: CHAIRPERSON B: VICE CHAIRPERSON Member Prince moved to nominate Bruce Noyes for Chairperson. Seconded by Member Fiore and carried by a unanimous voice call and vote with' Member Putz absent. Chair Noyes moved to nominate Brian Fiore for Vice Chairperson. Seconded by Member Prince and carried by a unanimous voice call and vote with Member Putz absent. 3. APPROVAL OF THE MINUTES FOR A. Regular Meeting October 13, 2010 Chair Noyes moved to approve the October 13' 2010 minutes. Seconded by Member Prince and carried by a unanimous voice call and vote with Member Putz absent. Land Planning Agency, Page 1, 02/09/2011 4. PUBLIC COMMENT No public comment. Chair Noyes moved to close the public comment section. Seconded by Member Prince and carried by a unanimous voice call and vote with Member Putz absent. 5. PUBLIC HEARING A. CPA 01 -11 Large Scale Comprehensive Plan Amendment Transportation and Land Use Strategies to Support and Fund Mobility Ordinance 11 -1955 Chair Noyes asked Staff if they had any comments regarding the item. Ms. Bower stated that before commenting on the item she would like to introduce to the Board, Planner Mr. Russell Scott. Ms. Bower stated that Senate Bill (SB) 360 made several changes to the Florida Statues as it deals with concurrency. Because of the need to have infrastructure (i.e. roads) in place concurrent with the development that will utilize it, a lot of development ended up being pushed into greenfields and rural areas. The State recognized that it was developing into a problem and creating urban sprawl. Ms. Bower stated that due to this unintended effect, one of the things that was done with SB 360 was to designate dense urban land areas (DULA). Anything that was designated a DULA was also subsequently designated a Transportation Concurrency Exception Area (TCEA). In designating these areas TCEAs, the State does not require a project to be concurrent with infrastructure (i.e. roads). The State realizes that those dense urban land areas are constrained as far as being able to widen roads or add more roads. However in exchange for that, the State requires that jurisdictions adopt their TCEA into their comprehensive plan. In addition, jurisdictions had to put in a mechanism to their comprehensive plan to support mobility. Ms. Bower explained to the Board that mobility is not just looking at people being able to get around by cars but also looking into alternative modes of transportation like pedestrian, bicycles and public transportation. The State requires that jurisdictions prepare a way to support, enhance and promote mobility and at the same time determine ways to fund these improvements. If there will be no additional roads, jurisdictions will have to be able to build up alternative mobility systems for people to he able to walk, take buses and ride their bicycles. Ms. Bower pointed out that the City of Longwood has already adopted the required amendment to the Comprehensive Plan and has also adopted the map Land Planning Agency, Page 2, 02/09/2011 showing the Transportation Concurrency Exception Area. Ms. Bower explained to the Board that this is the second phase to meet the requirements of SB 360. This phase consists of creating policies to promote walking, biking, bus ridership, and also determining when it is necessary to build roads. When looking at roads it is necessary to make sure that they make sense, not only from a traffic stand point but also it is necessary to look at the impacts to the adjoining land uses. Ms. Bower pointed out to the Board that there will be a big impact to the land as a result of the widening of SR 434. Maybe the change that is going to happen as a result of the widening of SR 434 is not what the community actually wanted. Ms. Bower noted that what really needs to be done is to take into account how transportation changes will affect the, land use patterns. Ms. Bower noted that Staff changed the name of the transportation element to the Multi -Modal Transportation Element. Ms. Bower asked the Board how they wanted her to present the Multi -Modal Transportation Element. Chair Revels stated that the Board would like to hear the highlights of the Multi- Modal Transportation Element. Ms. Bower stated that there are level of service standards set for roadways determined by factors such as how slow traffic is moving or how many cars are actually utilizing the road. Once the amount of cars using a road gets to be higher than the standard, it is an indication that something needs to be done. Ms. Bower noted that there has not been level of service standards set for other modes of transportation. For that reason, Staff added language to this policy that would eventually require the City to adopt levels of service standards for pedestrian, bicycle and public transportation. To that end, Staff is in the process of putting out a request for proposal (RFP) for a bicycle and pedestrian master plan. The City has been promised money from FDOT and hopefully we will be able to get going with that in the next couple of months. Ms. Bower noted that Staff is assessing how difficult it is for bicycles and pedestrians to get around, not only to the Sunrail Stations but also to other places such as schools. For example, in order to determine what a child .might bike to school, a two mile circle is drawn around each school within the City, which consequently covers whole Longwood. It is very important to determine how people can get around by bicycle and foot, for that reason Staff added a service standard for these modes of transportation. There is not much we can do for public transportation as far as Lynx goes, however Staff added a policy that states that the City will coordinate and work with them in order to make sure they are servicing the needs of the City. Chair Revels asked Ms. Bower why it is not possible to do much with public Land Planning Agency, Page 3, 02/09/2011 transportation. Ms. Bower explained that it was due to money issues. Ms. Bower noted that when you look at the Sunrail System it is really important to look at the whole transit system, the problem with that is all the parts have not come in yet. Ms. Bower explained to the Board that Lynx does a good job for the money they have. However, the issue is that they do not have a dedicated source of funding. Ms. Bower stated that one of the things Staff will be doing is looking into how buses will actually be getting people to the Sunrail station. As they get funding, Staff will work with them to figure out how they can better serve the City. Mrs. Bower noted that there are a lot of people employed around the Transit- Oriented Development (TOD) areas, the Historic District, the South Seminole Hospital and the Industrial District. For that reason, it would make sense to consider that those people may want to take the train. The issue is how those people will move from the train station to, for example, the Industrial Park. For that reason, in the future, the City may want to consider having a circulator. Maybe the businesses in the Industrial Park or the South Seminole Hospital might be willing to contribute in helping their employees getting to and from the station. This is the kind of policy Staff has included in order to improve the City's Mobility. Ms. Bower pointed out that it is necessary to determine how the City is going to pay for mobility. One way to pay for mobility is to establish a mobility fee. Most places do not have an impact fee for the impact on roads. There are cases where people might not be using roads but might be walking, taking buses or riding bicycles. It is important to determine how to assess an impact fee in order to make sure the City will be able to provide mobility for people as a result of future developments. Staff will be working on corning up with a reasonable amount to charge developers in order to pay for mobility so people can be able to ride their bicycles, take buses or walk to their destinations. Staff is also going to be looking at tax increment financing. Ms. Bower explained to the Board that Staff will be looking at a master plan redevelopment strategy to include areas such as the Health Core Area which is where the South Seminole Hospital is located, the Historic District and TOD. Staff will try to tie all these areas together to this Master Plan Strategy in order to reach the goal of creating a Redevelopment Area. Once a Redevelopment Area is established a tax increment can be collected. A base line is set and a percentage of the taxes that are collected above that base area can go directly 'back into that district. Ms. Bower explained to the Board that the good thing about this measure is that if you have a cooperative County, this entity might also give back some of their taxes. Thus, there is money being brought in from the raising of taxes that Land Planning Agency, Page 4, 02/09/2011 will actually be put back into roads, infrastructure and consequently improve that district. Vice Chair Fiore asked Staff if the increment would be on top of the property taxes or sales taxes. Ms. Bower responded that it would be on top of property taxes. The property value will be increasing because money is being put in to improve the district. Part of the taxes will be spent on making road ways, creating parking garages and improving infrastructure of the area. Mr. Scott pointed out to the Board that what is currently being reviewed is the enabling part of the comprehensive plan, this is not binding, and it is not like we are setting new setback regulations. This is just to enable modifications of the comprehensive plan which will allow having a master plan system and seek additional funds. Mr. Scott stated that he was very impressed with the job that Staff did because most of the points of the SB 360 were already adopted by Longwood. On the other hand, there are many municipalities and jurisdictions that are facing the deadline to get all of this done by July. Mr. Scott stated he thought the majority of the work on concurrency and the other elements of the SB 360 have been already addressed quite well. Ms. Bower also noted that there were some changes done to the Future Land Use. Ms. Bower pointed to page T11 -1 and stated that Staff added language to talk about transportation improvements. Ms. Bower stated that there has to be a connection between the land use and the transportation element. The Florida Department of Transportation (FDOT) focuses on providing a transportation system, the municipalities and the cities are in charge of the land element. The problem is that there is not a lot of coordination between these entities. For that reason, Staff added policy on page III -8 which reinstates that for future roadway projects done in Longwood it is necessary to coordinate with the City. This is because it is necessary to take into consideration bicycles, pedestrians and also consider the impacts to the City land use patterns. The widening on SR 434 is really going to be a big change for the City of Longwood. Hopefully in the future, there will be more coordination and discussion between all entities. Chair Noyes asked Staff if there was not that much coordination and discussion between the City and FDOT in regards to the widening of 434 because it was a State Road project. Ms. Bower stated that there was some coordination however the project was pretty much already planned. Chair Noyes asked Staff if this was specifically on FDOT projects. Ms. Bower stated yes. Ms. Bower explained to the Board that she has not had the Land Planning Agency, Page 5, 02/09/2011 opportunity to work with Seminole County so she is not really positive on how forceful they are. Ms. Bower stated that she was unsure if this policy was really going to do any good, but at least in this way there is an understanding that the City wants to be involved. Ms. Bower pointed out that it is not just about taking into consideration the people getting around by cars but it is necessary to start thinking about other mobility uses. Ms. Bower pointed to page III -10 and stated that she has always been confused because the categories of the Future Land Use are called districts, the categories in the Longwood Design Guidebook are also called districts and then the map categories which go along with the Land Development Code (LDC) are also called districts. Staff wanted to differentiate these districts and for that reason, the categories in the Future Land Use were changed to Future Land Use Categories. In that way when Staff is talking about, for example Low Density Residential Future Land Use Category, the Board knows that Staff is referring to the Comprehensive Plan and not the Land Development Code. Chair Noyes asked Staff if a category was within a district. Ms. Bower explained to the Board that the Comprehensive Plan is the umbrella for everything. In other words, there could be districts within a category but not the other way around. For example the Artisan District is under the industrial Future Land Use Category. Chair Noyes commented that Staff is getting away from calling everything a district. Ms. Bower pointed out to the Board that she also made some word changes in the Future Land Use. For example, for Medium Density Residential (MDR) Staff included a minimum number of units per acre. With Industrial (IND), Staff wanted to protect this area and limit what could go in this area besides industrial businesses. Ms. Bower noted that unfortunately all adult entertainment was moved to this area so Staff could not limit it as much. However, Staff's main priority was to make sure that this area maintains its Industrial flavor. Staff wants to protect this area because this is where the City is getting the majority of the taxes paid and where jobs are being created. Ms. Bower stated that Staff increased the floor area ratio in Public /Institutional (P /1) to give it a little more leverage. Ms. Bower explained to the Board that Neighborhood Commercial Mixed Use (NCMU) is not really about single family residential uses, for that reason Staff removed single - family residential uses from being allowed. In addition, a minimum density was established for NCMU. This is because it is really more about townhomes and maybe having some mixed use but it is not for having single family neighborhoods. Staff is working in making sure that uses are compatible. Ms. Bower pointed out that Staff allowed passive recreational activities in Conservation (CON), example of this would be a walking trail. Ms. Bower stated that in the Downtown Historic District (DH) Staff added language Land Planning Agency, Page 6, 02/09/2011 - t to note that density and intensity standards do not apply. In that area it is really about what the building does on the site and the height limitations. Ms. Bower stated that the rest of the language that was changed is really about making sure it is clear that the City of Longwood has a TOD area. Ms. Bower explained to the Board that there is a project coming in the next six months or so which consists of building a senior apartment complex. They are trying to get a grant from the Florida Communities Trust which provides financing for affordable senior housing. One of the issues that Staff was confronting is that in our Comprehensive Plan we talk about Transit Village. In order to avoid anyone having problems of getting grants, Staff included TOD instead of just explaining that a Transit Village is TOD. Ms. Bower stated that the final policy was just to address the Heritage Village Planning District, the Redevelopment Strategy and the Sunrail Commuter Rail Station. Member Prince asked Staff if someone comes in with a project like the senior housing facility previously mentioned, how many stories could the building have. Mr. Kintner stated that the senior housing facility is proposing four stories. However, the Design Guidebook says two stories when adjacent to neighborhoods. Ms. Bower explained to the Board that the whole reason why it is necessary to get moving on the master plan is so the City can have a new Code since the Longwood Design Guidebook is very ambiguous. When there is a Code, it is really important for it to clearly denote what applies or does not apply. We need a Code that is predictable and easy to get through, not just for Staff but also for developers. Chair Revels moved that the Land Planning Agency recommend to the City Commission approval to transmit to the Department of Community Affairs an amendment to the Longwood Comprehensive Plan CPA 01 -11 by Ordinance 11- 1955. Seconded by Member Prince and carried by a unanimous roll call and vote with Member Putz absent. B. LDCA 01 -11 Long wood Development Code Amendment An amendment to streamline and clarify existing Land Planning Agency, Page 7, 02/09/2011 development processes and design standards, amend the table of allowable uses, revise the Heritage Village and Longwood Boulevard East Boundaries, Create Supplemental Standards for Massage Therapy Establishments, Pawn Shops, and Gun Shops. Ordinance Number 11 -1956 Mr. Kintner explained to the Board that between the time when the agenda was sent out and today's meeting, Staff received comments from the City Attorney's office. Some of the comments had phrasing and grammar suggestions. Staff incorporated those changes and provided to the Board a copy of the email from the City Attorney. Other changes that the attorney has suggested are items that Staff will need to look at further. For that reason, those changes have not been incorporated into this document. However, the Board has been provided with a copy of the suggestions to be reviewed. If the Land Planning .Agency wishes, it can recommend approval to incorporate the Attorney's changes or direct Staff to incorporate the changes before taking it to the City Commission. Mr. Kintner stated that regarding the ordinance itself, he will point out key elements and will take questions from the Board. Mr. Kintner noted that Staff has been working to get the code clarified, streamlined and predictable. Mr. Kintner pointed out that the site plan process was cumbersome, that is why Staff made additional changes to make it easier to use and understand. Mr. Kintner pointed out that in regards to the changes that were mentioned in the Future Land Use, the intent is to be prepared for the first TOD projects. Mr. Kintner noted that in a lot of ways this is like a stop gap measure that Ms. Bower mentioned in the redevelopment strategy. This will consequently give us the Code needed to implement a TOD. Also the changes to the land use table are intended to help us build that TOD area that we have discussed about. Mr. Kintner pointed out that the ordinance is also intended to create land use categories for massage therapy establishments, tattoo shops and pawn shops to better regulate their location, and to establish supplemental standards for massage therapy establishments. Tattoo shops and pawn shops have been traditionally considered under different land use categories. Tattoo shops have been considered under professional services and pawn shops have been considered as retail. Mr. Kintner pointed out to page 18 of the new packet, which refers to Ordinance 11 -1956. Mr. Kintner explained that the intent of this section is to distinguish between those massage therapy establishments that are professional services and those establishments that are more entertainment oriented. Mr. Kintner stated that in an effort to create a distinction, Staff has stated that, the establishments that are Land Planning Agency, Page 8, 02/09/2011 licensed are permitted in the Industrial District within multi tenant centers and not as a standalone. Then, those massage therapy establishments that are accessory to a licensed professional service such as a chiropractor, physician or beautician and have hours limited from 7:00 am to 8:00 pm are allowed within the Infill and Mixed Use District which allows them to be on the corridor on 434. 17 -92 and 427. The other criteria that they can meet is whether they are a primary use when occupying space in a medical office building and the hours of operation are limited from lam to 8pm. Mr. Kintner explained to the Board that Staff has reached out to some of the local massage therapy establishments that are associated with medical offices. Staff talked to them about these new standards and they responded by applauding the effort of Staff to create that distinction. Ms. Bower stated that it is very important to distinguish between massage establishments that are geared towards entertainment and those that are medically necessary. Mr. Kintner pointed out that the ordinance also includes revisions to the Planning Districts in the Longwood Design Guidebook, extending the boundaries of the Heritage Village to Oleander Street. The attached map in the agenda item in Exhibit A shows that small area that is being added. Chair Noyes moved to close the public hearing section. Seconded by Member Prince and carried by a unanimous voice call and vote with Member Putz absent. Member Thorne pointed out to page 18 Section 5.4.13 which refers to Massage Therapy. Member Thorne stated that he has seen Brevard County push adult establishments out to the Industrial District and he believes that requiring massage therapy establishments to go to the Industrial District is just promoting the entertainment. As far as determining the hours for someone to have a business, Mr. Thorne stated he believes it is a restriction of free trade, not everybody wants to go to a massage establishment before 8 pm. Some of these businesses might not be legitimate. However, it should be an issue for law enforcement to address. Member also noted that he believes it is possible to have a legitimate massage business in a nice building on SR 434. At the same time being on SR 434 will allow the business to be visible and accessible for the police to patrol. People are going to do what they are going to do, however if it is in an open area where there is a lot of traffic, the business will be less likely to do anything illegal. Hiding something is just promoting it, out of sight -out of mind. Chair Noyes stated that Mr. Thorne made an excellent point. It is like we are forcing a legitimate massage therapy practice that is a standalone practice to be in the Industrial area, if they want to be open after the hours 8 pm. Ms. Bower reminded the Board that the code already requires a number of Land Planning Agency, Page 9, 02/09/2011 different types of uses that are of that nature to be in the Industrial District, thus it is not like we are setting precedent. Ms. Bower stated that this was done under the direction from the City Commission because they want to keep the main areas of the City more professional. Vice Chair Fiore asked how does staff determine which category of massages are allowable. How does staff distinguish between the massages done at the spa, chiropractors, physicians or beauticians? Ms. Bower stated that massage therapy establishments are allowed to do any kind of massage that is allowable under Florida Statutes. If they start falling into the adult entertainment aspect, they will be considered as entertainment and not massage therapy. Member Thorne stated that he believes if massage establishments are in a public place and accessible for the police to patrol, it is less likely for these establishments to fall in the entertainment category. Chair Noyes stated that he believes the City Commission is looking to get this particular type of standalone establishment off the corridor. Ms. Bower stated yes, when it is classified as a massage parlor. Chair Noyes asked Staff how this measure was going to affect the existing businesses. Ms. Bower stated that it will not affect existing businesses. Chair Noyes asked Staff to please refer to the Table of Allowable Uses on page 5 of 31 of the Agenda Packet. Chair Noyes pointed out to the Low Density Residential column and read that the first conditional use says general offices, including government offices, and excluding medical. Then, when you turn to page 6 the very first conditional use under that same column says medical /dental offices and clinics. Chair Noyes asked Staff why on page 5 medical is excluded as a conditional use but then on page 6 it is considered as a conditional use. Mr. Kintner stated that they are both conditional uses and are both subject to the conditional use process. However, for the purpose of distinguishing between the two, there are separate categories. Chair Noyes asked Staff if this meant that it is possible to have a conditional use for an office complex as long as they did not provide medical services. Mr. Kintner explained to the Board that Staff is just differentiating between the two categories. If someone has a real estate office and wants to come in the Low Land Planning Agency, Page 10, 02/09/2011 Density area they will go through the conditional use process. If someone has a doctor's office they will come in under the medical office section which is also conditional use in the Low Density Residential district. Member Thorne stated he understands there are some businesses that might be inclining more towards the entertainment side than actually massage therapy. However,, he would hate to see businesses penalized because of what a few others do wrong. It seems these businesses are being judged because of the exterior appearance of the building versus what is actually going on in the establishment. Member Thorne stated if a masseuse was located in a nice building, it seems we would consider this business to be acceptable. However, if the business was located in a rundown building on SR 434, it seems we are assuming the business to be shady. It seems we are cogitating the building with the type of business that is located at the establishment, whether it is legitimate or not. Again, if we push all of these businesses to the Industrial area, it seems like we are saying out of sight -out of mind. Ms. Bower stated that a lot of communities are also making more restrictive policies. If we do not have restrictions we might become the Mecca for massage parlors that might actually be inclining more towards the entertainment side. Member Thorne suggested having a no tolerance policy. In that way, if the businesses have a single violation of prostitution, whether the case may be, they can be forced to close down. Member Fiore suggested that the Board could add language which can allow a variance or discretion of the City, so if a business is in compliance with the Police Department, it can be allowed to open establishments in other areas besides Industrial. Ms. Bower stated that if the Board recommends discretion, it has to come with. criteria. In the last meeting we were told by the Commission that they do not want to make decisions without having specific criteria as to how those decisions are supposed to be made. Ms. Bower asked the Board if they believed that a massage parlor running at 1:00 am is considered like the massage therapy provided by a chiropractor or spa that is open during normal business hours. Member Thorne stated he would agree with an hour limitation and a zero tolerance policy. Member asked Staff if anything that is not medically related is considered to be an entertainment massage. Ms. Bower stated that if the business is an accessory use to a licensed professional service other than professional massage therapy, like for example a chiropractor, Land Planning Agency, Page 11, 02/09/2011 physician or beautician, the business would be allowable in the Infill and Mixed District. Chair Noyes stated he does not think Staff is saying that anything which is not associated with a spa or a medical facility is necessarily entertainment. That would be like painting all of the businesses with a black eye. However, this is an industry that has harmed itself. Chair Noyes stated he thinks the language is saying that the City does not want any standalone massage parlors or massage therapy establishments on the corridor, unless they are embedded with another type of business and have restrictions of hours. Member Thorne stated he is not pro massage parlors but he is pro small businesses. Member explained he has been in the mortgage business for 27 years. Currently, he is being licensed and disclosure to death because of what some bad people did in the mortgage business. Member Thorne explained he has to go to a barber that has a license behind a chair and get a ten dollar hair cut, however, a person did not have to be licensed to do a two hundred thousand dollar loan freeze. Member stated that the government has severely restricted the industry he is part of, making it difficult for him to make a living. For those reasons, he is willing to let a small business person pursue their business activity with a provision of having a zero tolerance policy. A business does something wrong once, it should be closed down. That way we are sending the message you can have a business in Longwood but you are not going to mess around in Longwood, it has to be a legitimate business. Ms. Bower stated that the City is really committed to change the image of Longwood. Ms. Bower explained to the Board she believes the Commission gets a lot of flack from people that say Longwood is the massage parlor, tattoo and pawn shop capital of Seminole County. For those reasons, she, believes the Commission really does not want to see or allow these types of businesses on the corridor. Regardless of the fact that some are legitimate businesses, they carry an image that is not what the City is looking for. As far as what the Board can do, it can approve and voice their recommendations and concerns. The Board can offer suggestions and let the Commission know they would like to see something that provides discretion. Chair Noyes pointed out that the Industrial area is what you make of it. It has a harsh name but there are plenty of businesses in the area that you might not necessarily consider Industrial. Ms. Bower agreed and noted that there are a number of storefronts and developments, such as rock climbing and other kinds of entertainment. Chair Noyes stated he understands Ms. Bower's concerns about conditional uses and being able to say what the condition is. It is not correct to just say you seem Land Planning Agency, Page 12, 02/09/2011 like a reputable person and therefore we will let you establish your business in Longwood or I do not like this person's hair cut and therefore you cannot establish you business here in Longwood. Ms. Bower explained to the Board that it is very hard to come up with criteria, Staff has tried very hard. Member Thorne stated that Ms. Bower talked about the image of Longwood and he has been living in Longwood since the year 1978. When he moved to Longwood it was a quiet little city and now the widening of SR 434 scares him. The City is going to go from being a quiet town to having a major. artery going through the City. Member stated that he is all for having a quiet Longwood, a small town atmosphere. However, that seems to be impossible with the widening of SR 434. Chair Noyes moved that the Land Planning Agency recommend to the City Commission approval of an amendment to the Longwood Development Code by Ordinance 11 -1956, including the language supplied by the City Attorney and the information incorporated into the ordinance by the new version supplied by Staff this evening. Seconded by Member Prince and motioned passed by a three -to -one (3 -1) roll call and vote with Member Thorne voting nay and Member Putz absent. Member Fiore stated the Board could make another motion to recommend to the City Commission guidelines for an exception that would allow massage establishments which are not entertainment oriented to be allowed in a non industrial area. The Board can come up with those guidelines at a later date. Member Thorne stated that the hard part would be to come up with the conditions. Member Fiore stated that the Board can work together to come up with the conditions to be presented to the City Commission. Chair Noyes noted that he understood the concerns of the members but the Industrial area is not a bad place. Member Thorne stated that massage establishments are not industrial businesses. However, they are being required to be in an Industrial area. Chair Noyes pointed out that within the Industrial area there are a lot of establishments that are not industrial. Ms. Bower stated that in the Industrial area there are a lot of businesses and consequently a lot of employment, these businesses might even do better in that area. Member Thorne stated his big problem with this regulation was the hour Land Planning Agency, Page 13, 02/09/2011 • restriction. In today's economy it is very difficult to limit the hours a business can operate. Due to the economic situation Member Thorne explained that he works late hours just in order to survive. Member stated that he wants to be fair to the small businesses but at the same time protect the City. Having a massage establishment in an Industrial area might lead to assume it provides non- legitimate services. Chair Noyes thanked all members and stated that they have provided a good discussion. 6. DISCUSSION AND SCHEDULE FOR FUTURE AGENDA ITEMS Next Regularly Scheduled Meeting: March 9, 2011 7. ADJOURNMENT Chair Noyes moved to adjourn. Seconded by Member Prince and carried by a unanimous voice call and vote with Member Put:: absent. Chair Noyes adjourned the meeting at 8:15 p.m. Bruce Noyes, Chair AC 1Yn� Chq °� 1 v > 1 CoLi / � 'goi� d ATTEST: 3l l �� 1k GongaIC Oo Giselle Gonzalez, Recording Secretary Land Planning Agency, Page 14, 02/09/2011 •