January 3, 2008 MINUTES Book 4 SARASOTA COUNTY PLANNING COMMISSION Page 280

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1 SARASOTA COUNTY PLANNING COMMISSION Page 280 SARASOTA COUNTY ADMINISTRATION CENTER 1660 RINGLING BOULEVARD COUNTY COMMISSION CHAMBER SARASOTA, FLORIDA 6:30 p.m. William C. Furst, Jr., Vice Chairman Theodore Allen John J. Fellin Jody Hudgins Roland Piccone Marianne Reilly Laurel Schiller Also present were: David Pearce, Assistant County Attorney Paula Clintsman, Deputy Clerk PLEDGE OF ALLEGIANCE Vice Chairman Furst (6:32:00) 5. COMMISSION REPORTS A. ADVISORY COUNCILS Vice Chairman Furst noted the absence of Mr. Tripp, Mr. Gruters, and School Board Representative Marsh. (6:34:20) 1. COMPREHENSIVE PLAN AMENDMENTS/REZONE PETITIONS A. Public hearing to consider Comprehensive Plan Amendment No. SA , a privately-initiated amendment to the Future Land Use Map (FLUM) a petition by Alan Garrett, Agent, to redesignate approximately 4.87 acres located north of Desoto Road and east of Honore Avenue from MODR (Moderate Density Residential, > 2 to < 5 units/acre) to MEDR (Medium Density Residential, > 5 to < 9 units/acre); B. Public hearing to consider Rezone Petition No , a petition by Alan Garrett, Agent, to rezone approximately 4.87 acres located north of Desoto Road and east of Honore Avenue from OUE-2 (Open Use, Estate, 1 unit/2 acres) to RMF-2/PUD (Residential, Multi-Family, 9 units/acre, Planned Unit Development Overlay) zone district. Vice Chairman Furst opened the public hearings simultaneously. Planning and Development Services Senior Planner Laura Semenec requested to continue the public hearings to January 17, Discussions were held with Ms. Semenec, Public Works Transportation Mobility Planning Senior Technical Specialist Kwamena Sankah, Agent Alan Garrett, and Planning and Development Services Planning Director Anne McClung on the following topics/issues: - traffic analysis/detailed Level Of Service/concurrency - basis for the continuance request - Staff s report/request for information/justification for the density.

2 SARASOTA COUNTY PLANNING COMMISSION Page COMPREHENSIVE PLAN AMENDMENTS/REZONE PETITIONS - Continued Mr. Hudgins moved to continue the public hearings on Comprehensive Plan Amendment No. SA and Rezone Petition No to January 17, The motion, seconded by Mr. Piccone, carried by a 7-0 vote. Note: Oath/Signature Cards Filed for Record. (06:48:45) 2. REZONE PETITIONS/SPECIAL EXCEPTION PETITIONS A. Public hearing to consider Rezone Petition No , a petition by Attorney Stephen Rees, Sr., Agent, to rezone approximately 3.89 acres located west of U.S. 41 and south of West Bay Street from RMF-1 (Residential, Multi-Family, 6 units/acre) and RSF-1 (Residential, Single-Family, 2.5 units/acre) to RMF-2/PUD (Residential Multi-Family, 9 units/acre, Planned Unit Development Overlay) zone district; B. Public hearing to consider Special Exception Petition No. 1646, a petition by Attorney Stephen Rees, Sr., Agent, to allow a maximum height of 45 feet on approximately 1.55 acres located west of U.S. 41 and south of West Bay Street in the CG (Commercial General) zone district; C. Public hearing to consider Special Exception Petition No. 1647, a petition by Attorney Stephen Rees, Sr., Agent, to allow commercial parking on approximately.39 acres located west of U.S. 41 and south of West Bay Street in the RMF-2/PUD zone district. Vice Chairman Furst opened the public hearings simultaneously. Planning and Development Services Planner Adriana Trujillo-Villa presented Staff s report on the request to construct a 35 unit condominium project with 11 stipulations for Rezone Petition No , Special Exception Petition No to allow a height increase with five stipulations, and Special Exception Petition No to allow off-street parking with three stipulations requested by the Review Agencies. Discussions were held with Ms. Trujillo-Villa, Planning and Development Services Current Planning Manager Crystal Allred, Planning and Development Services Planning Director Anne McClung, Environmental Services Resource Protection Environmental Specialist III Todd Hershfeld, and Public Works Transportation Mobility Planning Senior Technical Specialist Kwamena Sankah on the following topics/issues: - landscape plan/parking requirements versus the Osprey Revitalization Plan requirements - sheet flow/stormwater - watercourse buffer. (7:18:32) Attorney Stephen Rees, Sr. and Brian Lichterman, President of Vision Planning and Design, Inc., submitted a copy of a rendering of the Project and a copy of the site plan, and presented an overview of the proposed request, noted agreement with the proposed stipulations, and supported approval. Discussions were held with Mr. Lichterman, Attorney Rees, Ron Sivitz of Sivitz Innovative Designs, P.A., and Assistant County Attorney David Pearce on the following topics/issues: - neighborhood workshop/revisions to the site plan as a result of the public input - interpretation of the PUD height requirement - affordable housing/percentage/agreement to an affordable housing stipulation - hurricane vulnerability zone/planning - buffer/landscape plans

3 SARASOTA COUNTY PLANNING COMMISSION Page REZONE PETITIONS/SPECIAL EXCEPTION PETITIONS - Continued - revised the word "lessor" to "lessee" in Stipulation No. 8 and the word "south" to "north" in Stipulation No. 6 for Rezone Petition No , without objection. RECESS: 8:16 p.m. - 8:25 p.m. The following individuals commented on the proposals: Dorothy Hodges Theodore Bauer Barbara Szulzinski Donald Wise Mark Hodges David Merrill Attorney Rees requested to work with Staff/County Attorney s Office to draft a stipulation for consideration at a Board of County Commissioners meeting on the number of units available for affordable or community housing. Vice Chairman Furst closed the public hearings, without objection. (08:48:31) Ms. Reilly moved to deny Rezone Petition No in accordance with the following findings of fact: 1. The proposed change would not be consistent with the intent, goals, objectives, policies, guiding principles, and programs of the Comprehensive Plan; 2. The proposed change would not be compatible with the existing land use pattern and designated future land uses; 3. The proposed change would have an impact on the availability of adequate public facilities consistent with the level of service standards adopted in the Comprehensive Plan, and as defined and implemented through the Sarasota County Concurrency Management System Regulations, Chapter 94, Article VII of Exhibit A of the Sarasota County Code, as amended; 4. The proposed change will adversely influence living conditions in the neighborhood; 5. The proposed change will create a drainage problem; 6. There are substantial reasons why the property cannot be used in accord with existing zoning; 7. It is not impossible to find other adequate sites in the County for the proposed use in districts already permitted such use; 8. The subject parcel is not of adequate shape and size to accommodate the proposed change. The motion was seconded by Ms. Schiller. Following individual comments, Vice Chairman Furst reopened the public hearings. Attorney Rees requested a continuance of the public hearings. Following discussion, Mr. Hudgins moved to indefinitely postpone the vote on the motion to deny Rezone Petition No The motion was seconded by Mr. Piccone. Following comments, the motion carried by a 4-3 vote, with Ms. Schiller, Mr. Fellin, and Mr. Allen voting "No."

4 SARASOTA COUNTY PLANNING COMMISSION Page REZONE PETITIONS/SPECIAL EXCEPTION PETITIONS - Continued Mr. Hudgins moved to continue the public hearing on Rezone Petition No to April 3, 2008, at the North County Administration Building, 1660 Ringling Boulevard, Sarasota. The motion, seconded by Mr. Piccone, carried by a 4-3 vote, with Ms. Schiller, Mr. Fellin, and Mr. Allen voting "No." Mr. Hudgins moved to continue the public hearing on Special Exception Petition No to April 3, 2008, at the North County Administration Building, 1660 Ringling Boulevard, Sarasota. The motion, seconded by Ms. Reilly, carried by a 5-2 vote, with Mr. Allen and Ms. Schiller voting "No." Mr. Hudgins moved to continue the public hearing on Special Exception Petition No to April 3, 2008, at the North County Administration Building, 1660 Ringling Boulevard, Sarasota. The motion, seconded by Ms. Reilly, carried by a 5-2 vote, with Mr. Allen and Ms. Schiller voting No. Note: Oath/Signature Cards Filed for Record. (9:17:56) 3. ADVISORY COUNCILS The Planning Commission considered an amendment to the Sarasota County Planning Commission Rules of Procedure and Processing Guidelines (Item No. 6). Planning and Development Services Planning Director Anne McClung summarized the amendment of the Planning Commission's Rules of Procedure relating to the appointment of a Pro-Tem. Mr. Fellin moved to amend Item No. 6 of the Planning Commission's Rules of Procedure and Processing Guidelines to read as follows: "In the event that both the Chairman and Vice Chairman are not present, the prior elected Chairman will preside over the meeting as Chairman Pro Tem." The motion, seconded by Mr. Piccone, carried by a 7-0 vote. (9:19:30) 4. PLANNING AND DEVELOPMENT SERVICES The Planning Commission considered revisions to the Telecommunications/Tower Ordinance. Discussions were held with Planning and Development Services Planner Todd Dary, Assistant County Attorney David Pearce, and Planning and Development Services Planning Director Anne McClung on the following topics/issues: - request to review/research tower restrictions for the OUE (Open Use, Estate) zone district when developed as a residential zoned district - request for additional research/analysis of eligible sites/properties - request to review/define terms/findings of fact/federal and State Legislation/Legislative changes/procedures - request to address requirements of applicants to provide documentation of area overlap/search rings/validity of co-locations/need and service areas - Board of County Commissioners' assignment/time frame/process to amend the Telecommunications Ordinance - request to provide maps indicating possible and current tower locations, including a review of commercial (Industrial, Light, Warehouse/non-protected sites) zoned districts/identify/address the need/competing providers for the same area/towers and co-locations.

5 SARASOTA COUNTY PLANNING COMMISSION Page PLANNING AND DEVELOPMENT SERVICES - Continued Mr. Fellin moved to direct Staff to bring forward the requests/concerns made this date to the Board of County Commissioners Workshop on the Telecommunications/Tower Ordinance. The motion, seconded by Ms. Reilly, carried by a 7-0 vote. (9:45:56) 6. BUDGETS Planning and Development Services Planning Director Anne McClung referenced a memorandum submitted to the Planning Commission members confirming the available funds, addressed the request relative to mileage reimbursement, and discussed training opportunities. 7. MEETING SCHEDULE The Planning Commission did not discuss the following meeting schedule: January 17, :30 p.m. February 7, :30 p.m. Robert L. Anderson Administration Center 1660 Ringling Boulevard 4000 South Tamiami Trail Venice, Florida February 21, :30 p.m. March 6, :30 p.m Ringling Boulevard 1660 Ringling Boulevard MEETING ADJOURNED: 9:47 p.m. MINUTES APPROVED: Chairman