Palmetto officials working through automotive moratorium as time ticks down

Since enacting an automotive repair moratorium in April after a lengthy debate and with the majority of public comment in opposition, Palmetto officials heard their first update to the controversial move on Monday.

It won’t be their last presentation as time ticks down on a Dec. 5 deadline to either let the six-month moratorium expire or extend it. Staff initially asked the commission to enact the moratorium for a year, but a strong push from the commission led to a compromise of six months.

The moratorium was enacted for two primary reasons, according to city planner Debra Woithe, who said the intent of the action was to not only protect the downtown core from a build out of automotive repair businesses, but to protect the existing businesses owners who are technically in violation of the city’s code pertaining to open storage.

Open storage is only allowed in the city’s commercial heavy industrial district, and even then, requires a conditional use permit.

“In downtown, we know there is a lot of violations, so what do we want there? Some businesses need open storage, so we need to look at new geographic areas we create and what will be allowed,” Woithe said.

The city is currently redefining its downtown design plan and to make certain areas of downtown a pedestrian-friendly, walkable community. Boundaries of the moratorium are the CSX Railroad tracks to the east, south to the Manatee River, west to 11th Avenue West and north to 10th Street West.

Staff and elected officials have sparred over the rights of existing business owners, particularly between Eighth and 10th avenues west, but communication issues continue to haunt the process.

“People are stuck on this idea that we are trying to make people do something and what we are trying to do is come up with a solution,” said public works director Allen Tusing. “Right now, they can’t do what they are doing because they can’t have any storage.”

Staff’s message is that the new zoning efforts and definitions of open storage and how open storage areas must be contained will only apply to future businesses.

“Existing businesses will be grandfathered in,” said Woithe.

Should those businesses want to comply with a new ordinance, Woithe said the city could provide Community Redevelopment Agencies incentives. Some of the new rules include all work on vehicles must be done inside. Also, if open storage is granted in certain areas of the city, a percentage of open storage per available property would be provided, but the area must be encircled with fencing, walls and/or landscaping.

However, grandfathering in new businesses doesn’t protect them long term. If a nonconforming business is grandfathered, it must continue to do business. If a business closes down for six consecutive months, the grandfather clause is removed and the property loses its protection. Commissioner Tambra Varnadore has a problem with that.

Varnadore said 180 days is not long enough under certain situations like a prolonged illness or trying to sell property in a bad market.

“We’re all on the same page for future businesses,” Varnadore said. “But for the businesses that have been here for 40 or 50 years, we need to look at how that will impact them because that’s wrong, in my opinion. As long as we keep the status quo for them, then I’m happy.”

The city will look at extending their grandfather clause to a year, similar to what Manatee County does. In the meantime, there is much work left to do and a short time to do it. Mayor Shirley Groover Bryant suggested a special meeting on Oct. 10 to continue discussions on the moratorium.

This story was originally published October 3, 2016 at 8:22 PM with the headline "Palmetto officials working through automotive moratorium as time ticks down."