By Marvin G. Cortner

Editor

The Osceola County Commission Monday delayed for 60 days the public hearing and decision on a request for a conditional use permit to operate an eco-tourism commercial airboat business and marina on a 4.5 acre site on Lake Tohopekaliga at 2500 Cherokee Road.

Jim Passmore, a local commercial airboat operator, had been running tours into nearby Goblet’s Cove from Partin Triangle Park, a county facility on the east side of the lake. However, a new county ordinance that went into effect at the beginning of June banned the loading or unloading of commercial airboat passengers at any public boat ramp or dock on any lake in the county, except where a county lease agreement or contract already was in place.

The conditional use permit is needed for the new business, Marsh Landing Adventures, because the Cherokee Road neighborhood is zoned residential.

County staff had recommended the permit be approved, but with a variety of conditions limiting operating hours, the number of airboats allowed at the marina, the number of tours given per day and the number of passengers allowed. Staff also recommended that clients be shuttled to the marina from the business’ office in St. Cloud, among other restrictions.

Don Madden, of Edge Public Affairs and spokesman for Passmore, would not comment on why his client requested  the continuance, only that the solution being worked on for getting his client “back in business” would be a win as well for residents living around the proposed marina who now oppose the conditional use. Passmore has owned the proposed marina site for several years.

Residents oppose the plan mainly because of the potential for airboat noise in what they say is a very quiet neighborhood and worry that traffic associated with a business would create a safety issue.

Commissioners John Quiñones and Frank Attkisson voted for the continuance, Commissioner Michael Harford voted against. Commission Chairman Brandon Arrington abstained due to a conflict of interest and Commissioner Fred Hawkins Jr. was absent.

“I’m a little concerned about pushing this out; the citizens want a decision,” Harford said.

Attkisson said a number of residents had called him on the issue and he has met with Passmore as well. The proposed marian would be in his district.

“Maybe we could create a win for all of us, somehow,” Attkisson said.

The commission had considered contracting out use of some public docks or ramps to commercial airboat operators for a fee, with the fee paying for needed improvements at the facility, but they then decided to prohibit all commercial airboat use. Businesses would have been allowed to bid for a contract, and smaller operators could have partnered on bids.

The Osceola County Planning Commissioner in early June on a 7-2 vote recommended the conditional use permit be granted.

New property tax exemption

Commissioners also voted 4-0 to adopt a new ordinance that establishes a property tax exemption for new construction related to a business expansion, start-up or relocation.

The exemption would apply only to buildings, not to land, that would be added to the tax roll. Any expansion would have to be on the same site or an adjacent site, which means a St. Cloud business, for example, could not get a tax exemption for a site in Poinciana.

Maria Grulich Toumazos, county economic development administrator, in explaining some of the details of the ordinance to commissioners, said a property owner getting the exemption for new construction accommodating a lessee would have to pass along that benefit to the business.

“It’s looked at on a case-by-case basis,” she said.

County Manager Don Fisher added that on Sept. 19 the commission would see another proposed economic development tool, this one proposing incentives for small business expansions that might not now be eligible for help from existing programs.

Reduced number of conditional uses

Also on Monday, commissioners on a 4-0 vote approved an amendment to the county zoning code that changes 31 conditional uses in various zoning categories to permitted uses, making it easier and less expensive for businesses to open.

According to county staff, the conditional use process now takes between 90 and 120 days to complete and involves reviews by staff, the County Planning Commission and then the County Commission at a cost of as much as $3,365 per request.

The new permitted uses would be mainly in areas zoned commercial. Examples of such uses are parks and playgrounds in areas zoned for rural development (1 and 2 acre lots), funeral homes and bars in commercial general business areas and restaurants and taverns in industrial business areas.

Larry Walter, chairman of the county’s Growth Management Task Force, said the conditional use permit system is “antiquated” in the face of new zoning codes and a holdover from the time that property along U.S. Highway 192 was mainly agricultural and was being developed quickly in the 1980s and 1990s following the startup of Walt Disney World.

“The Growth Management Task Force would ask that conditional uses be the exception in the future, not the rule,” Walter, a principal in the Kissimmee-based engineering firm of Hanson, Walter and Associates, said.

By Marvin G. CortnerEditorThe Osceola County Commission Monday delayed for 60 days the public hearing and decision on a request for a conditional use permit to operate an eco-tourism commercial airboat business and marina on a 4.5 acre site on Lake Tohopekaliga at 2500 Cherokee Road.Jim Passmore, a local commercial airboat operator, had been running tours into nearby Goblet’s Cove from Partin Triangle Park, a county facility on the east side of the lake. However, a new county ordinance that went into effect at the beginning of June banned the loading or unloading of commercial airboat passengers at any public boat ramp or dock on any lake in the county, except where a county lease agreement or contract already was in place.The conditional use permit is needed for the new business, Marsh Landing Adventures, because the Cherokee Road neighborhood is zoned residential.County staff had recommended the permit be approved, but with a variety of conditions limiting operating hours, the number of airboats allowed at the marina, the number of tours given per day and the number of passengers allowed. Staff also recommended that clients be shuttled to the marina from the business’ office in St. Cloud, among other restrictions.Don Madden, of Edge Public Affairs and spokesman for Passmore, would not comment on why his client requested  the continuance, only that the solution being worked on for getting his client “back in business” would be a win as well for residents living around the proposed marina who now oppose the conditional use. Passmore has owned the proposed marina site for several years.Residents oppose the plan mainly because of the potential for airboat noise in what they say is a very quiet neighborhood and worry that traffic associated with a business would create a safety issue.Commissioners John Quiñones and Frank Attkisson voted for the continuance, Commissioner Michael Harford voted against. Commission Chairman Brandon Arrington abstained due to a conflict of interest and Commissioner Fred Hawkins Jr. was absent.“I’m a little concerned about pushing this out; the citizens want a decision,” Harford said.Attkisson said a number of residents had called him on the issue and he has met with Passmore as well. The proposed marian would be in his district.“Maybe we could create a win for all of us, somehow,” Attkisson said.The commission had considered contracting out use of some public docks or ramps to commercial airboat operators for a fee, with the fee paying for needed improvements at the facility, but they then decided to prohibit all commercial airboat use. Businesses would have been allowed to bid for a contract, and smaller operators could have partnered on bids.The Osceola County Planning Commissioner in early June on a 7-2 vote recommended the conditional use permit be granted.New property tax exemptionCommissioners also voted 4-0 to adopt a new ordinance that establishes a property tax exemption for new construction related to a business expansion, start-up or relocation.The exemption would apply only to buildings, not to land, that would be added to the tax roll. Any expansion would have to be on the same site or an adjacent site, which means a St. Cloud business, for example, could not get a tax exemption for a site in Poinciana.Maria Grulich Toumazos, county economic development administrator, in explaining some of the details of the ordinance to commissioners, said a property owner getting the exemption for new construction accommodating a lessee would have to pass along that benefit to the business.“It’s looked at on a case-by-case basis,” she said.County Manager Don Fisher added that on Sept. 19 the commission would see another proposed economic development tool, this one proposing incentives for small business expansions that might not now be eligible for help from existing programs.Reduced number of conditional usesAlso on Monday, commissioners on a 4-0 vote approved an amendment to the county zoning code that changes 31 conditional uses in various zoning categories to permitted uses, making it easier and less expensive for businesses to open.According to county staff, the conditional use process now takes between 90 and 120 days to complete and involves reviews by staff, the County Planning Commission and then the County Commission at a cost of as much as $3,365 per request.The new permitted uses would be mainly in areas zoned commercial. Examples of such uses are parks and playgrounds in areas zoned for rural development (1 and 2 acre lots), funeral homes and bars in commercial general business areas and restaurants and taverns in industrial business areas.Larry Walter, chairman of the county’s Growth Management Task Force, said the conditional use permit system is “antiquated” in the face of new zoning codes and a holdover from the time that property along U.S. Highway 192 was mainly agricultural and was being developed quickly in the 1980s and 1990s following the startup of Walt Disney World.“The Growth Management Task Force would ask that conditional uses be the exception in the future, not the rule,” Walter, a principal in the Kissimmee-based engineering firm of Hanson, Walter and Associates, said.