September 6, 2007 MINUTES Book 4 SARASOTA COUNTY PLANNING COMMISSION Page 239

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1 SARASOTA COUNTY PLANNING COMMISSION Page 239 SARASOTA COUNTY ADMINISTRATION CENTER 1660 RINGLING BOULEVARD COUNTY COMMISSION CHAMBER SARASOTA, FLORIDA 6:30 p.m. John J. Fellin, Chairman Robert Tripp, Vice Chairman Theodore Allen William C. Furst, Jr. Joseph Gruters Jody Hudgins Roland Piccone Marianne Reilly Laurel Schiller Ken Marsh, School Board Representative Also present: Gary Oldehoff, Assistant County Attorney Spring Dickson, Deputy Clerk PLEDGE OF ALLEGIANCE Chairman Fellin 7. COMMISSION REPORTS A. ADVISORY COUNCILS Chairman Fellin noted that all Planning Commission members were in attendance. (6:34:00) 1. SPECIAL EXCEPTION PETITIONS Public hearing to consider Special Exception Petition No. 1653, a petition by Mark Loveridge, Agent, to eliminate a non-conforming use, pursuant to Section of the Zoning Ordinance, to allow a Single-Family Residence in the OPI/SKOD (Office, Professional, and Institutional, Siesta Key Overlay District) District on 0.13 acres ±, located west of Beach Road and 160 feet + north of Calle de la Siesta. Planning and Development Services Planner Susan Bridges presented an overview of the request for continuance of the public hearing to October 18, Mr. Hudgins moved to continue the public hearing to consider Special Exception Petition No to October 18, The motion, seconded by Mr. Tripp, carried by a 9-0 vote. Note: Oath/Signature Cards Filed for Record. (6:35:45) 2. WAIVER REQUEST Request by Brian Lichterman, Agent, to waive the requirement to hold a neighborhood workshop within nine months of a public hearing for Rezone Petition No

2 SARASOTA COUNTY PLANNING COMMISSION Page WAIVER REQUEST - Continued Planning and Development Services Planner Adrianna Trujillo-Villa presented an overview of the request for a waiver of the requirement to hold a Neighborhood Workshop within nine months of the public hearing. Discussions were held with Agent Brian Lichterman regarding the time frame of the neighborhood workshop and substantive versus minor changes to the petition as presented at the Neighborhood Workshop. Mr. Hudgins moved to grant the waiver request for Rezone Petition No The motion was seconded by Mr. Piccone. Following individual comments the motion failed by a 4-5 vote, with Mr. Gruters, Mr. Tripp, Ms. Reilly, Mr. Furst, and Mr. Allen voting "No." Ms. Reilly moved to deny the waiver request for Rezone Petition No The motion was seconded by Mr. Furst. Following individual comments, the motion carried by a 5-4 vote, with Ms. Schiller, Mr. Hudgins, Mr. Piccone, and Mr. Fellin voting "No." (6:45:33) 3. COMPREHENSIVE PLAN AMENDMENT Public hearing continued from August 9, 2007, to consider proposed Comprehensive Plan Amendment No K, a privately-initiated petition by Peter Dailey, Agent, to revise the Future Land Use Map (FLUM) to redesignate 70 acres + located east of East Road and west of Tatum Road between Fruitville Road on the north and Palmer Boulevard on the south from Semi-Rural (1 dwelling unit/2 acres) to an Affordable Housing Overlay District (AHOD). Planning and Development Services Senior Planner Brian Beatty presented Staff's report on the request to include revisions to the FLUM to change the designation of 70 acres + to an AHOD and submitted copies of correspondence from Staff and the public. Discussions were held with Mr. Beatty and Planning and Development Services Planning Director Anne McClung regarding the multiple incorrect advertisements of the second Neighborhood Workshop, concerns with the Neighborhood Workshop minutes, and the process for review of the advertisements. Agent Peter Dailey presented an overview of the proposed request, clarified concerns regarding the Neighborhood Workshop meeting minutes, and supported approval. Discussions were held regarding the following topics/issues: - Board of County Commission consideration regarding multiple locations for AHOD - infrastructure improvement cost/petitioner versus County - Staff report/page 10/Comprehensive Plan consistencies/affordable housing. The following individuals commented on the proposal: Steve Bronstein Sharon Schlabach F.W. Buddy Alday Chance Steed

3 SARASOTA COUNTY PLANNING COMMISSION Page COMPREHENSIVE PLAN AMENDMENTS - Continued Public Works Transportation Mobility Planning Manager Paula Wiggins noted that Fruitville Road is not fully funded in the five year CIP (Capital Improvement Plan) and that the available infrastructure to support the proposed development is not available and funding may not be available until Fiscal Year Mr. Dailey addressed concerns regarding the Neighborhood Workshop and School Board's interest in the site. Chairman Fellin closed the public hearing, without objection. Ms. Reilly moved to authorize the Chairman s signature on the Resolution, transmitting proposed Comprehensive Plan Amendment No K to the Board of County Commissioners with a recommendation for denial and to defer transmittal until action has been taken on all amendments in Comprehensive Plan Amendment Cycle The motion was seconded by Mr. Furst. Following individual comments, the motion carried by a 9-0 vote. Note: Oath/Signature Cards Filed for Record. RECESS: 7:47 p.m. - 7:58 p.m. 4. COMPREHENSIVE PLAN AMENDMENTS Public hearing continued from August 16, 2007, to consider proposed Comprehensive Plan Amendment No M, a privately-initiated petition by Peter Dailey, Agent, to revise the Future Land Use Map (FLUM) to redesignate 18 acres ± located at the northwest quadrant at North River Road and Center Road from MODR (Moderate Density Residential, >2 and <5 dwelling units/acre) to Neighborhood Commercial Center (NCC) and High Density Residential (>9 and <13 dwelling units/acre). (Continued from August 16, 2007) Planning and Development Services Planning Director Anne McClung presented Staff's report on the request to include revisions to the FLUM to change the designation of 18 acres + to an NCC and High Density Residential. Discussions were held with Ms. McClung on the following topics/issues: - Comprehensive Plan Amendment review process - amount of units in the StoneyBrook DOCC (Development of Critical Concern) - previous denial of Comprehensive Plan Amendments on parcel - alternate Commercial Neighborhood areas on the border of the Urban Service Boundary. Agent Peter Dailey presented an overview of the proposed request, proffered to reduce the request for High Density Residential to Medium Density Residential, and supported approval. Discussions were held with Mr. Dailey on the following topics/issues: - sufficient data for the road network - area growth rate - deficiencies in the neighborhood workshop notifications - requirement of defined boundaries of residential/commercial. Discussions were held with Public Works Transportation Mobility Planning Manager Paula Wiggins, Ms. McClung, and Assistant County Attorney Gary Oldehoff on the following topics/issues: - traffic roadway network - funding for River Road improvements

4 SARASOTA COUNTY PLANNING COMMISSION Page COMPREHENSIVE PLAN AMENDMENTS - Continued - Comprehensive Plan Amendment approval versus construction approval - amount of units in the StoneyBrook Subdivision - Critical Area Planning versus Sector Planning, pertaining to Comprehensive Plan Future Land Use Mapping - page C-2 of Staff's report/city of North Port Planning Staff's comments. Mr. Dailey addressed concerns regarding the City of North Port Planning Staff's comments. Chairman Fellin closed the public hearing, without objection. Mr. Tripp moved to authorize the Chairman s signature on the Resolution, transmitting proposed Comprehensive Plan Amendment No M to the Board of County Commissioners with a recommendation for denial and to defer transmittal until action has been taken on all amendments in Comprehensive Plan Amendment Cycle The motion was seconded by Ms. Reilly. Following individual comments, the motion carried by a 9-0 vote. Mr. Hudgins moved to transmit Comprehensive Plan Amendment Cycle to the Board of County Commissioners. The motion was seconded by Mr. Tripp. Following individual comments, the motion carried by a 9-0 vote. (8:51:03) 5. REZONE PETITIONS Public hearing to consider Rezone Petition No , a petition by Brenda Patten, Agent, to rezone 3.12 acres ± located at the northwest corner of U.S. 41 and Vamo Way from RMF-1 (Residential Multi-family, 6 units/acre) to CN (Commercial, Neighborhood) zone district. Planning and Development Services Planner Adriana Trujillo-Villa presented Staff s report on the request to develop a mixed-use development project that includes 24,000 square feet of retail space and up to 28 live-work or upper story residential units, suggested revisions to Stipulation No. 2, and noted nine stipulations recommended by the Review Agencies. Chairman Fellin noted no objection for Staff to work with the Applicant to develop acceptable language for Stipulation No. 2 regarding landscaping on U.S. 41 and Vamo Way prior to the public hearing before the Board of County Commissioners. Discussions were held with Environmental Services Water Planning and Regulatory Engineer Nanette Scott, and Environmental Services Resource Protection Environmental Specialist III Todd Hershfeld regarding stormwater vaults/facilities/treatment and habitat preservation. Attorney Brenda Patten and Architect Brad Gaubatz presented an overview of the proposed request, submitted a copy of a document entitled "Comparison of Uses Allowed in CG (Commercial General) and CN (Commercial Neighborhood) Zoning Districts," noted agreement with the proposed stipulations, revised Stipulation No. 2, and supported approval. Discussions were held with Attorney Patten, Mr. Gaubatz, and Assistant County Attorney Gary Oldehoff regarding the following topics/issues: - Development Concept Plan - proposed commercial/residential areas - height of the lighting poles

5 SARASOTA COUNTY PLANNING COMMISSION Page REZONE PETITIONS - Continued - ownership versus rental - price range of residential units - parking - non-binding versus binding portions of the Development Concept Plan - time frame for development - possibility of a mixed-use stipulation. The following individuals commented on the proposal: Richard Forman Mark Humphrey Clifford Bredenberg Janet Minnock George Brady Attorney Patten addressed concerns regarding the property being for sale, flooding, width of Catfish Creek, lighting, and proffered a 100 percent opacity buffer. Chairman Fellin noted no objection to revise Stipulation No. 9 to read as follows(additions shown as underlined text/deletions shown as strikethrough text): A single row of Walters Viburnum Shrubs (Viburnum obovatum), and enough East Palatka Holly trees (Ilex x attenuate 'East Palatka') to fulfill a 40% 100% Opacity landscape buffer,... Planning and Development Services Planning Director Anne McClung noted that the RMF zoning district is an implementing district in the Commercial Corridor. Chairman Fellin closed the public hearing, without objection. Mr. Furst moved to recommend approval of Rezone Petition No in accordance with Staff's report with nine stipulations, as amended, and favorable findings of fact. The motion was seconded by Mr. Allen. Following individual comments, the motion carried by a 5-3 vote, with Ms. Reilly, Mr. Gruters, and Mr. Tripp, voting "No" and Ms. Schiller not present. Note: Oath/Signature Cards Filed for Record. DISCUSSION SECTION 6. CLERK OF THE CIRCUIT COURT AND COUNTY COMPTROLLER Chairman Fellin noted no objection to approve the Minutes of the meetings dated August 2, 2007, and August 9, COMMISSION REPORTS - No additional items were presented 8. BUDGET REPORT - No items were presented. 9. MEETING SCHEDULE Chairman Fellin noted the following meeting schedule: September 20, 2007 October 4, 2007 Robert. L. Anderson Administration Center Venice Community Center Commission Chamber 326 Nokomis Avenue South 4000 South. Tamiami Trail Venice, Florida Venice, Florida

6 SARASOTA COUNTY PLANNING COMMISSION Page MEETING SCHEDULE - Continued October 18, 2007 November 1, 2007 County Administration Center County Administration Center Commission Chamber Commission Chamber 1660 Ringling Boulevard 1660 Ringling Boulevard Sarasota, Florida Sarasota, Florida MEETING ADJOURNED: 10:46 p.m. MINUTES APPROVED: BY: Chairman