October 7, 2010 MINUTES Book 4 SARASOTA COUNTY PLANNING COMMISSION Page 601

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1 SARASOTA COUNTY PLANNING COMMISSION Page 601 SARASOTA COUNTY ADMINISTRATION CENTER 1660 RINGLING BOULEVARD COMMISSION CHAMBER SARASOTA, FLORIDA 6:30 p.m. Joseph Gruters, Chair Marianne Reilly, Vice Chair John J. Fellin Jody Hudgins Christopher King Cheryl Luehr Roland Piccone Christine Robinson Ken Marsh, School Board Representative Also present were: Alan Roddy, Deputy County Attorney Claudia Goodson, Deputy Clerk PLEDGE OF ALLEGIANCE Chair Gruters Chair Gruters noted the absence of Mr. Allen. (6:32:35) 1. CRITICAL AREA PLAN (CAP) AMENDMENT/REZONE PETITION A. Public hearing to consider a CAP Amendment, a privately-initiated petition by Kim Binkley-Seyer, Agent, to amend the U.S. 41 and Beneva Road Sector Plan No SP to change the designation of approximately 4.82 acres located west of Tamiami Trail and Vamo Road from Professional Office and General Commercial to General Commercial and to remove a buffer on the Future Land Use Plan; B. Public hearing to consider Rezone Petition No , a petition by Kim Binkley-Seyer, Agent, to rezone approximately acres located west of Tamiami Trail and Vamo Road from OPI (Office, Professional, and Institutional) and CG (Commercial General) to CG zone district or to such other Zoning District as the Board of County Commissioners (BCC) deems appropriate. Chair Gruters opened the public hearings simultaneously. Planning and Development Services Planning Professional Kirk Crane presented Staff s report on the CAP Amendment request to revise the U.S. 41 and Beneva Road Sector Plan to permit the reconfiguration of the Pelican Plaza Shopping Center and the request to rezone the subject parcel to redevelop the existing Pelican Plaza Shopping Center with a new commercial development including the elimination of the office zoning and advised of a binding Development Concept Plan (DCP). Mr. Crane submitted and reviewed the recommended revisions to the eight stipulations to the Rezone Petition requested by the Review Agencies and proffered by the Applicant, advised of the revised language to Stipulation No. 8 recommended by Staff and the alternate language proffered by the Applicant in proposed Stipulation No. 7 relative to the landscape buffering, and submitted additional correspondence received on the petition.

2 SARASOTA COUNTY PLANNING COMMISSION Page 602 Discussions were held with Mr. Crane, Planning and Development Services Planning Professional Tate Taylor, Planning and Development Services Zoning Administrator Brad Bailey, and Deputy County Attorney Alan Roddy on the following topics/issues:

3 SARASOTA COUNTY PLANNING COMMISSION Page CAP AMENDMENT/REZONE PETITION - (Continued) - Staff s recommended revised Stipulation No. 8 versus the Applicant s proffered language in Stipulation No. 7 relative to the landscape buffering - opacity/removal and maintenance of invasive and nuisance plants - Mr. Fellin requested that Stipulation No. 6 be revised, without objection, as follows (additions shown as underlined text/deletions shown as strikethrough text): "That Tthe area between Clower Creek and the intersection of U.S. 41 and Vamo Road shall remain undeveloped." - Mr. Fellin requested that Stipulation No. 9 be revised, without objection, as follows (additions shown as underlined text/deletions shown as strikethrough text): "That Nno structures shall exceed 35 feet in height..." - existing tenants located in the OPI zoned area of the subject parcel - ownership of the vacant property located west of the Florida Power and Light (FPL) Company transformer substation/hardship modifications/property located adjacent to the OPI zone district/buffering requirements/fpl utility easement - basis for the Zoning Administrator s approval of a hardship modification/relief from the buffering requirements located along the south property line/issuance of a letter of variance/additional stipulation. (7:06:17) Attorney Casey Colburn, Ed Eickhoff, and Agent Kim Binkley-Seyer presented an overview of the proposed request and supported approval. Discussions were held with Attorney Colburn, Pam Johnson, Mr. Eickhoff, John Cavoli, and Public Works Transportation Mobility Senior Technical Specialist Kwamena Sankah on the following topics/issues: - the Applicant s concerns with Staff s proposed revisions to Stipulation No. 8 - the Applicant s attentiveness to concerns presented at the Neighborhood Workshop - landscape buffering/35 feet width/0.5 opacity/removal of native and nuisance plants - suggestion to add the words "and maintained" following the words "shall be landscaped in accordance" to Staff s recommended revisions to Stipulation No. 8 - clarification of a CPTED (Crime Prevention Through Environmental Design) Report/Sheriff Office s CPTED Report for the Pelican Plaza Shopping Center - current occupancy in the OPI zoned buildings/other Applicant developments/relocation plans for existing tenants - site plan/reconfiguration/ingress/egress/entrance modification - methodology used for the traffic study relative to the proposed tenant/possible traffic improvements needed. The following individuals commented on the proposal: Norma Martin Richard Weingarten Thomas Jackson (7:58:31) Following comments, Attorney Colburn noted the Applicant's agreement with Staff s proposed revisions to Stipulation No. 8, offered rebuttal comments relative to vehicular traffic, and noted the hiring/use of local Team Members by the Applicant. Upon inquiry, Mr. Cavoli commented on the location/access of the dumpster and the accessibility of the loading zone. Chair Gruters closed the public hearings, without objection.

4 SARASOTA COUNTY PLANNING COMMISSION Page CAP AMENDMENT/REZONE PETITION - (Continued) Mr. Hudgins moved to recommend approval of the CAP Amendment to revise the U.S. 41 and Beneva Road Sector Plan in accordance with Staff's report and favorable findings of fact. The motion was seconded by Ms. Reilly. Following individual comments, the motion carried by an 8-0 vote. (8:07:07) Ms. Reilly moved to recommend approval of Rezone Petition No in accordance with Staff's report and favorable findings of fact, including the text amendments noted in Staff s report, the revisions to Stipulation Nos. 6 and 9, and the replacement of Stipulation No. 7 with Stipulation No. 8 as recommended by Staff, as amended, as follows (additions shown as underlined text/deletions shown as strikethrough text): The landscaping buffer along Vamo Road shall be a minimum of 35 feet in width, and minimum opacity of 0.5, and shall be landscaped and maintained in accordance with the attached Pelican Plaza Landscape Buffer, with pedestrian crossing, date stamped "Received October 7, 2010" and the Pelican Plaza Plant Schedule - Vamo Road Buffer date stamped "Received October 7, 2010" attached hereto. All invasive and nuisance plant species shall be removed from this landscape buffer. The motion was seconded by Mr. Hudgins. Following individual comments, the motion carried by an 8-0 vote. Note: Oath/Signature Cards Filed for Record. RECESS: 8:12 p.m. - 8:23 p.m. 2. PLANNING AND DEVELOPMENT SERVICES Public hearing to consider the draft Major Community Issues and to make a recommendation to the Board of County Commissioners (BCC) relative to the 2011 Evaluation and Appraisal Report (EAR) assessment of the successful implementation of the County s Comprehensive Plan in addressing the Major Community Issues. Planning and Development Services Operational Manager Matthew Lewis submitted a copy of correspondence received on the issues and presented Staff s report on the Major Community Issues to the 2011 EAR assessment of the successful implementation of the County s Comprehensive Plan in addressing the Major Community Issues, and reviewed the proposed six Major Community Issues List on page 3 of Staff s report. Discussions were held with Mr. Lewis on the following topics/issues: - information quantity/details to be submitted to the Florida Department of Community Affairs/additions to the Major Community Issues List - Housing Demand Summary on Exhibit G4 of Staff s report regarding the percentage of tenyear housing demand/capacity/economic impacts/density/transfer of development rights - economic data/number of existing vacant homes and lots in the County/review of housing demands/residential analysis/findings of fact/economic changes since the last EAR Report/review criteria for proposed Comprehensive Plan Amendments

5 SARASOTA COUNTY PLANNING COMMISSION Page PLANNING AND DEVELOPMENT SERVICES - (Continued) - Ms. Reilly moved to add Housing Demand to the Major Community Issues list. The motion was seconded by Mr. Hudgins. Following comments by Mr. Fellin, Ms. Reilly and Mr. Hudgins noted no objection to reword the motion to add the following to the Major Community Issues List: "To consider a mechanism of evaluation to ensure residential sustainability with objective data." The motion carried by a 6-2 vote, with Ms. Robinson and Chair Gruters voting "No." - data presented based upon the 2000 U.S. Census/outdated information/input from the Cities of North Port and Venice - Statutory requirements relative to the preservation of working waterfronts/requested that the words "and encouragement" be added to the second bullet under Chapter 9: Future Land Use, Findings on the White Paper dated August 23, 2010, Exhibit A - Page 8 of Staff s report, without objection - White Paper, August 23, 2010, Exhibit A - Pages 9-10 relative to the Sarasota 2050 Resource Management Area (RMA)/recent River Road Project issues/addressing concerns regarding application requirements - clarification of the language regarding the Housing Demand addition to the Major Community Issues List - future discussion/review of the State Road (S.R.) 776 Corridor Plan - Ms. Robinson moved to add the following to the Major Community Issues List: "To update and streamline Sarasota 2050 RMA Plan requirements in order to make its application more practicable." The motion was seconded by Ms. Reilly. Following individual comments, the motion carried by a 5-3 vote, with Mr. Fellin, Mr. Hudgins, and Mr. King voting "No." - requested clarification of the language regarding the deletion/development of Urban/Suburban RMA and Economic Development RMA objectives on the White Paper dated August 23, 2010, Exhibit A - Page 10 of Staff s report, without objection -percentage of County Retirees/challenges of and opportunities for the County's Senior Citizens/housing types and demands/economic factors/transportation concerns - Mr. Piccone moved to add the following to the Major Community Issues List: "To consider and specifically address the needs of the aging population that is growing." The motion, seconded by Ms. Luehr, carried by an 8-0 vote. (9:23:12) Mr. Hudgins moved to recommend nine Major Community Issues, as amended, to the BCC relative to the 2011 EAR assessment. The motion, seconded by Mr. Fellin, carried by an 8-0 vote. Note: Oath/Signature Cards Filed for Record. (9:24:01) 3. SELECTION OF PLANNING COMMISSION (PC) CHAIR AND VICE CHAIR Following comments by Chair Gruters, Mr. Piccone moved to appoint Vice Chair Reilly to serve as the PC Chair and Mr. Allen to serve as the PC Vice Chair for The motion, seconded by Mr. King, carried without objection. (9:25:32) 4. PLANNING AND DEVELOPMENT SERVICES The Planning Commission (PC) considered the Draft 2011 PC Calendar. Following discussion, Chair Gruters noted no objection to reschedule the July 7, 2011, PC meeting to July 14, 2011, and to reschedule the April 21, 2011, PC meeting to April 14, 2011.

6 SARASOTA COUNTY PLANNING COMMISSION Page 606 (9:27:30) 5. MINUTES Ms. Reilly moved to approve the Minutes of the meeting dated September 2, The motion, seconded by Ms. Luehr, carried by an 8-0 vote. (9:27:42) 6. COMMISSION REPORTS Ms. Reilly commented on her recent correspondence to the Board of County Commissioners (BCC) and advised of the BCC's direction to Staff to provide unaltered/unedited PC recommendations relative to proposed Comprehensive Plan Amendments to the BCC. (9:29:20) 7. BUDGETS - No items were presented. (9:29:23) 8. MEETING SCHEDULE Chair Gruters noted the following meeting schedule: October 21, :30 p.m. November 4, :30 p.m Ringling Boulevard 1660 Ringling Boulevard November 18, :30 p.m. December 2, :30 p.m Ringling Boulevard 1660 Ringling Boulevard MEETING ADJOURNED: 9:29 p.m. MINUTES APPROVED: Chair