August 2, 2012 MINUTES Book 5 SARASOTA COUNTY PLANNING COMMISSION Page 9

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1 SARASOTA COUNTY PLANNING COMMISSION Page 9 SARASOTA COUNTY ADMINISTRATION CENTER 1660 RINGLING BOULEVARD COMMISSION CHAMBER SARASOTA, FLORIDA 6:30 p.m. Christopher King, Chair Cheryl Luehr, Vice Chair Bob Burrus Jody Hudgins Michael A. Moran Robert A. Morris, III Roland Piccone Marianne Reilly Terry Richardson Ken Marsh, School Board Representative Also present were: Alan Roddy, Deputy County Attorney Debbie Shaffer, Deputy Clerk PLEDGE OF ALLEGIANCE Chair King Chair King noted that all Planning Commission Members were in attendance. (06:32 p.m.) 1. SPECIAL EXCEPTION Public hearing to consider Special Exception Petition No. 1710, a petition by Attorney Geoffrey Pflugner, Agent, representing Empire Building Ventures, LLC, d/b/a OrthoMed Pain Relief Centers, LLC, to allow a Pain Management Clinic in an OPI (Office, Professional, and Institutional) zone district on approximately 0.58 acres located at 4071 Bee Ridge Road. Staff Presenters: Planning and Development Services Planning Professional Kirk Crane, Planning and Development Services Planning Manager Tate Taylor, Planning and Development Services Assistant Zoning Administrator Donna Thompson, and Deputy County Attorney Alan Roddy Public Presenters: Sheriff s Office Assistant General Counsel Patrick Duggan, Health and Human Services Behavioral Planning Coordinator Dr. Brooke Baker, Attorney Michael Furen, Dr. William J. Cole, Jr., Laurie Hoffman, Evelyn Nelson, Tom Culer, Lal Millner, Anthony Ferraro, Alice Boucher, Susan Krisher, Jeffery Winkle, Brad Scheckner, Mel Clark, Arlene Oakes, Tom Davie, Bill Buersken, and Scott Maycroft Items submitted: A copy of the PowerPoint presentation, copies of correspondence received on the petition, and a copy of revised stipulations proffered by the Sheriff's Office - stipulations proffered by the Sheriff's Office - Staff's presentation/procedures for quasi-judicial proceedings - expiration of the Special Exception/natural disasters/destruction of the existing building - arrests related to Pain Management Clinics/prescription drugs

2 SARASOTA COUNTY PLANNING COMMISSION Page SPECIAL EXCEPTION - (Continued) - elevators in the existing building/requirements of the Americans with Disabilities Act/No Loitering signs/additional signage. 7:45 p.m. Commission Action: Revised Stipulation No. 2 as follows (additions shown as underlined text): "The use as a Pain Management Clinic shall be limited to no more than half of the existing building space or 4,140 square feet whichever is smaller. The Pain Management Clinic use of this building will be limited to the first floor." Moved by Reilly, seconded by Morris, carried by a 9-0 vote. - the time frame for installation of additional parking spaces - revision/deletion of the stipulations proffered by the Sheriff's Office - the existing Pain Management Clinic Ordinance - a possible stipulation requiring posting of signs stating "No Narcotics on Premises"/parking requirements/security/video cameras in the parking area - Patients paying with cash/out of County Patients - Employee parking - revised stipulations proffered by the Sheriff's Office - future Owners of the subject property. RECESS: 8:02 p.m. - 8:13 p.m. 8:45 p.m. Commission Action: Revised the amended Stipulation No. 1.a. as follows (deletions shown as strikethrough text): "... The Owner shall operate and actively monitor these cameras during all hours of operation and request any patients who park on County right of way or private property (besides 4071 Bee Ridge Rd.) without permission to move their vehicles. If the Owner learns that a patient has parked on the adjacent streets or adjacent business parking lots, the Owner shall immediately advise the patient to remove the vehicle." Moved by Reilly, seconded by Luehr, carried by a 9-0 vote. Discussion ensued on notification to the neighborhood, the revised stipulations proffered this date, and renumbering of the stipulations. 8:48 p.m. Commission Action: Replaced the language in Stipulation No. 6.c. as follows: "The Owner shall dedicate at least sixteen (16) of the thirty-two (32) parking spaces shown on the binding Development Concept Plan to the exclusive use of the special exception use through incidental signs and/or painting precast parking chocks with the name of the business." Moved by Reilly, seconded by Luehr, carried by a 9-0 vote. 8:50 p.m. Commission Action: Amended Stipulation No. 7 as follows (additions shown as underlined text): "The property shall be posted with "No Loitering" signs as required in Section cc. of the Zoning Code relating to Pain Management Clinics. An additional sign shall be posted which states "No Narcotics Stored or Dispensed on Premises." Such signs shall meet the standards of Section , Signs Allowed without a Sign Permit, Incidental Signs..." Moved by Reilly, seconded by Burrus, carried by a 9-0 vote. 8:52 p.m. Commission Action: Replaced the language in Stipulation No. 8 as follows: "The Owner shall obtain an Occupational License/Local Business Tax Receipt and a Business Certificate of Occupancy for a Pain Management Clinic prior to commencing the use. The Occupational License/Local Business Tax Receipt shall be subject to revocation as provided in Section of the County Code." Moved by Reilly, seconded by Luehr, carried by a 9-0 vote.

3 SARASOTA COUNTY PLANNING COMMISSION Page SPECIAL EXCEPTION - (Continued) 8:53 p.m. Commission Action: Revised Stipulation No. 5 as follows (additions shown as underlined text/deletions shown as strikethrough text): "Five additional parking spaces in the northeast part of the property as shown on the Binding Development Concept Plan, date-stamped received June 26, 2012, shall be installed in accordance with Sarasota County standards within nine four months from the date of issuance of the Certificate of Occupancy for the Pain Management Clinic in the building on the property." Moved by Reilly, seconded by Luehr, carried by a 9-0 vote. 8:54 p.m. Commission Action: Closed the public hearing. Closed by King, without objection. 8:55 p.m. Commission Action: Recommended approval of Special Exception Petition No in accordance with Staff's report with eight stipulations, as amended, and favorable findings of fact. Moved by Reilly, seconded by Piccone, carried by a 9-0 vote. Note: Oath/Signature Cards Filed for Record. (08:56 p.m.) 2. DEVELOPMENT OF REGIONAL IMPACT (DRI)/REZONE PETITION/COMPREHENSIVE PLAN AMENDMENT A. Public hearing to consider Palmer Ranch Increment XX, a petition by James Paulmann, Agent, an Application for Incremental Development Approval (AIDA) to amend the Palmer Ranch DRI Master Development Order (MDO) to update Map H-2 and to delineate and label parcels U3, U4, and P4; B. Public hearing to consider Rezone Petition No , a petition by James Paulmann, Agent, to rezone approximately 194 acres located east of Honore Avenue, west of Interstate 75 (I-75), and south of Clark Road from OUE-1 (Open Use, Estate, 1 unit/5 acres) to RSF-1/PUD (Residential, Single Family, 2.5 units per acre/planned Unit Development) zone district; C. Public hearing to consider Comprehensive Plan Amendment No E, a privately-initiated petition by James Paulmann, Agent, to amend the Transportation Chapter of the County's Comprehensive Plan, Figures 6-9 and 6-10 and Appendix D, Section 4 of the County Year 2025 Future Thoroughfare Plan to revise the designation of the segment of Palmer Ranch Parkway East located between Honore Avenue and Clark Road from a major collector road to a local road. Staff Presenters: Planning and Development Services Planning Professional Adriana Trujillo- Villa, Planning and Development Services Planning Professional Tim Lampkin, Deputy County Attorney Alan Roddy, Public Works Mobility Transportation Planning Technical Specialist Amjid Hussain, and Public Works Transportation Mobility Planning Manager Paula Wiggins Public Presenters: Attorney Charles Bailey, Agent James Paulmann, and Crystal Allred Items submitted: A copy of an received on the proposal and copies of correspondence regarding Ownership Disclosure - Ownership Disclosure requirements - drive lane widths on local roads/requirements/the proposed Development Concept Plan - proposed reduction of right-of-way width - road improvement/planned Capital Improvements - enhanced driveways/ownership/public versus private - additional monitoring of Palmer Ranch Parkway East/local road versus significant local road/level of Service/capacity/concurrency.

4 SARASOTA COUNTY PLANNING COMMISSION Page DRI/REZONE PETITION/COMPREHENSIVE PLAN AMENDMENT - (Continued) 10:05 p.m. Commission Action: Closed the public hearing. Closed by King, without objection. 10:06 p.m. Commission Action: Recommended approval of the Palmer Ranch Increment XX, an Application for Incremental Development Approval, in accordance with Staff's report with eight conditions and favorable findings of fact. Moved by Hudgins, seconded by Morris, carried by a 9-0 vote. 10:07 p.m. Commission Action: Recommended approval of Rezone Petition No in accordance with Staff's report with four stipulations and favorable findings of fact, subject to the elimination of PUD Modification Nos. 1 and 2 contained in the Staff Report and subject to satisfactory Ownership Disclosure being provided to the Board of County Commissioners (BCC). Moved by Hudgins, seconded by Piccone, carried by a 9-0 vote. 10:08 p.m. Commission Action: Authorized the Chair s signature on the Resolution transmitting proposed Comprehensive Plan Amendment No E to the BCC with a recommendation for approval. Moved by Hudgins, seconded by Reilly, carried by a 9-0 vote. Note: Oath/Signature Cards Filed for Record. (10:08 p.m.) 3. MINUTES 10:08 p.m. Commission Action: Approved the Minutes of the meeting dated July 19, Moved by Hudgins, seconded by Morris, carried by a 9-0 vote. (10:08 p.m.) 4. COMMISSION REPORTS Staff Presenters: Planning and Development Services Planning Manager Tate Taylor and Deputy County Attorney Alan Roddy - Chair King noted no objection to include information relating to Financial Disclosure Reports at the Advisory Board Orientation Class - Growth Management Conference held in Naples, Florida - amendments to the Zoning Ordinance/review by the Planning Commission (PC)/waiver by the Board of County Commissioners - Chair King noted no objection to send correspondence to Planning and Development Services Planning Director Tom Polk and to County Administrator Randall Reid relating to Zoning Ordinance Amendments not reviewed by the PC. 5. BUDGETS - No Items were presented. (10:20 p.m.) 6. MEETING SCHEDULE The Planning Commission did not discuss the following meeting schedule: August 16, :30 p.m. September 6, :30 p.m. County Administration Center County Administration Center Commission Chamber Commission Chamber 1660 Ringling Boulevard 1660 Ringling Boulevard Sarasota, Florida Sarasota, Florida

5 SARASOTA COUNTY PLANNING COMMISSION Page 13 MEETING ADJOURNED: 10:20 p.m. MINUTES APPROVED: Chair