January 17, 2008 MINUTES Book 4 SARASOTA COUNTY PLANNING COMMISSION Page 285

Transcription

1 SARASOTA COUNTY PLANNING COMMISSION Page 285 SARASOTA COUNTY ADMINISTRATION CENTER 1660 RINGLING BOULEVARD COUNTY COMMISSION CHAMBER SARASOTA, FLORIDA 6:30 p.m. Robert Tripp, Chairman Jody Hudgins, Vice Chairman Theodore Allen John J. Fellin Joseph Gruters Roland Piccone Marianne Reilly Laurel Schiller Also present: David Pearce, Assistant County Attorney Claudia Goodson, Deputy Clerk PLEDGE OF ALLEGIANCE Chairman Tripp (6:30:12) 4. COMMISSION REPORTS A. ADVISORY COUNCILS Subsequent to comments by Chairman Tripp noting the resignation of Mr. Furst, Mr. Piccone nominated Mr. Hudgins and Ms. Schiller nominated Ms. Riley to fill the vacancy of 2008 Planning Commission Vice Chairman. Following a vote on the nominations, Chairman Tripp noted majority consensus for the election of Mr. Hudgins as the 2008 Planning Commission Vice Chairman. (Note: School Board Representative Ken Marsh was absent.) (6:33:39) 1. COMPREHENSIVE PLAN AMENDMENTS/REZONE PETITIONS A. Public hearing continued from January 3, 2008, 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 continued from January 3, 2008, 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. Chairman Tripp opened the public hearings simultaneously.

2 SARASOTA COUNTY PLANNING COMMISSION Page COMPREHENSIVE PLAN AMENDMENTS/REZONE PETITIONS - Continued Planning and Development Services Senior Planner Laura Semenec commented on the Applicant's request to continue the public hearings to March 6, 2008, to allow for the completion of an additional Transportation Study regarding financial feasibility issues. Mr. Fellin moved to continue the public hearings for Comprehensive Plan Amendment No. SA and Rezone Petition No to March 6, The motion, seconded by Mr. Hudgins, carried by an 8-0 vote. Assistant County Attorney David Pearce suggested that the March 6, 2008, public hearing be readvertised. Note: Oath/Signature Cards Filed for Record. (6:39:05) 2. ZONING ORDINANCE AMENDMENTS Public hearing to consider proposed Zoning Ordinance Amendment No. 25, a petition to amend Zoning Ordinance No , as amended, revising Article 2 relating to the Board of Zoning Appeals, the Zoning Administrator, and the Summary of Authority; Article 3 relating to Shared Review Procedures, Temporary Use Permits, Written Interpretations, Development Concept Plans, and Special Exceptions; Article 4 relating to Commercial and Industrial District Intent Statements, Planned District Intent Statements, and Special Purpose Overlay Districts; Article 5 relating to the Use Table, Limited and Special Exception Use Standards, Accessory Uses and Structures, and Temporary Uses; Article 6 relating to Application of District Regulations, Measurement of Standards, Residential Single-Family (RSF) District Development Intensity, Housing Types, Commercial and Industrial District Standards, and Planned Development District Standards; Article 7 relating to Off-Street Vehicular Facilities, Parking and Loading, Access and Circulation, Landscaping and Buffering, Signs, Walls and Fences; Article 8 relating to Non-Conforming Uses, Non-Conforming Structures, Non- Conforming Lots of Record, Non-Conforming Residential Density, and Non-Conforming Characteristics of Use; and Article 10 relating to Defined Terms. Planning and Development Services Zoning Administrator Tina Crawford commented on proposed Zoning Ordinance Amendment No. 25 and the proposed revisions to Articles 2, 3, 4, 5, 6, 7, 8, and 10 of the Zoning Code. The following individuals commented on the proposed Zoning Ordinance Amendment: Csaba Bokros Ray Joelson John Perry Mary Ann Perry Rodney Dessberg (submitted a copy of his presentation) Belisa Oliveira (7:05:17) Ms. Crawford noted a scrivener s error in Section , Commercial and Industrial District Development Intensity Table, and advised that the proposed heights apply to the Commercial Intensive (CI) and Commercial Marine (CM) zone districts. Assistant County Attorney David Pearce commented on the Planning Commission s options relative to additional revisions to the proposed Zoning Ordinance Amendment and advertising requirements.

3 SARASOTA COUNTY PLANNING COMMISSION Page 287 Discussions were held throughout the public testimony with the following individuals commenting on the proposed Zoning Ordinance Amendment: Steve Vander Clay Dan Ryan Attorney Charles Bailey Donald Ault Carolyn Kenney Alan Garrett Terry Purdy RECESS: 7:40 p.m. - 7:49 p.m. Ms. Crawford submitted copies of Sections 6.10, Commercial and Industrial District, and Section 7.7, Architectural and Design Standards of the Zoning Code and additional correspondence received on the petition and noted the origin of the proposed Zoning Ordinance Amendment by citizens and the Board of County Commissioners. Discussions were held with Ms. Crawford, Planning and Development Services Assistant Zoning Administrator Donna Thompson, and Assistant County Attorney David Pearce on the following topics/issues regarding the proposed Zoning Ordinance Amendment: - requested to delete the words "and approval" in the title of Section , Review and Approval by the Sarasota County Sheriff's Department, - requested to insert the sentence "The Sheriff's Department has seven calendar days to conduct a review and forward recommendations to the Zoning Administrator." between the first and second sentences in Section , - Section , Decision by Zoning Administrator, clarification on the time frame relative to receipt of a temporary use permit application/number of applications received per month - Section , Revocation of Temporary Use Permit, regarding neighborhood impacts - Section , Interpretation by the Zoning Administrator, clarification of the words "ultra vires" and "void ab initio" - Sections , Determination Letter Not An Interpretation versus Section , Initiation - Section d.3., relative to the potential conflicts with prior written interpretations - Section , Office, Professional, and Institutional/Planned District (OPI/PD) regarding the meaning of "Light Office" and percentage of residential/commercial in mixed use developments - requested to add the words "or fences" following the word "walls" in the last sentence in Subsection o.1.i., - requested to delete the sentence "The square footage of residential level may always be less than the ground level square footage." in Section 5.3.4, aa.1., - Section , Commercial Use Standards, and Section , aa., Upper Story Residential Uses, regarding the upper story residential and the ground level non-residential square footage determinations - requested to revise the word "the" to the word "each" in the second sentence of Section 5.3.4, aa.1., - impacts of the proposed language in Section , Commercial Use Standards to Section , Main Street Overlay District (MSOD) relative to the location of residential units

4 SARASOTA COUNTY PLANNING COMMISSION Page Section , Commercial and Industrial District Development Intensity Table regarding the dry boat storage building heights in the CM and the CI zone districts/requested that heights over 35 feet be allowed by special exception for permitted structures in the CM zone district, - requested to retain the 25 foot permitted structures' height in the CN zone district in Section , Commercial and Industrial District Development Intensity Table, - Section a.2., regarding the basis for the deletion of the words "Intercoastal Waterway" and the addition of the words "or other waterway" regarding accessory uses in residential districts - requested to delete the word "away" prior to the word "from" (line 50) in Section a.2., - requested to include the development standards, in addition to structural setbacks, regarding carports remaining as a non-conforming use in Section i., Carports, - requested to incorporate language to exempt porte caches and covered parking in Section i., Carports, - requested to add language to require a building permit to screen or enclose a carport, in Section i.6., - requested to revise the word "prove" to the word "demonstrate" in Section i.2.iii., without objection - requested to revise the words "within a required yard" to the words "one per parcel" in Section i.7., - requested a future review of the length/height for storage pods or containers in Section c., - Section a.7., Farmers Market regarding the parking locations - requested to revise the words "hot dogs" to the word "food" in Section a.9., Street Vendors, - requested to add the word "setbacks" following the words "waterfront yards" (line 10) in Section b.3., Commentary, - requested to relocate the last sentence following the permitted housing types list in Section c., - Section c.11. regarding the definition of a stack townhouse - requested clarification of Section b., Conventional Subdivision, and Section c., Cluster Subdivision regarding development sizes, number of residents, community needs, structures/amenities, and open space requirements relative to focal points, - Section b.1., Setbacks, regarding the side building setbacks between houses - Section b., basis for the proposed 20-foot depth revision regarding yards/alleys adjacent to residentially-zoned property in CG (Commercial General) zone districts - requested to delete the word "limit" following the word "prohibit" in the first sentence and to correct the scrivener's error revising the word "Ue" to the word "Use" in the last sentence in Section a, Parking of Commercial and Residential Vehicles in Residential Districts, - requested to delete the word "or" following the word "residential" in the first sentence in Section b., Prohibited Commercial Vehicles, Commercial Trailers, and Construction Equipment, - Section d.1., clarification regarding the definition of a street yard and applicability to driveways relative to the number of allowed personal vehicles/absence of language to address social occasions - Section d.2., language clarification regarding parking for passenger vehicles

5 SARASOTA COUNTY PLANNING COMMISSION Page Section , Buildings to Have Access, regarding access easements to residential properties/consideration of "flag" lots - requested a review of conflicts regarding the prohibition of barbed wire in Section d., Barbed Wire, and provisions in the Telecommunications Ordinance, - Subsection , Subdivision Walls, regarding options and maintenance of the landscaping/vegetation/buffer areas/requested a review of any impacts of the proposed provisions to the East Venice Avenue Overlay District, - Subsection , clarification of language relative to non-conforming lots of record - Section 8.5.e., regarding nonconforming residential density and the rebuilding of residential structures following a hurricane. Mr. Hudgins moved to authorize the Chairman's signature on the Resolution transmitting proposed Zoning Ordinance Amendment No. 25 to the Board of County Commissioners with a recommendation for approval with consideration of the comments provided by the Planning Commission this date. The motion was seconded by Mr. Fellin. Following individual comments, the motion carried by an 8-0 vote. Note: Oath/Signature Cards Filed for Record. (9:40:09) 3. MINUTES Ms. Reilly moved to approve the Minutes of the meeting dated December 6, The motion, seconded by Mr. Fellin, carried by an 8-0 vote. (9:41:05) 5. BUDGETS Mr. Piccone commented on his and Chairman Tripp s plans to attend a Growth Management Conference in Daytona, Florida in February Individual comments followed. 6. MEETING SCHEDULE The Planning Commission did not discuss the following meeting schedule: February 7, :30 p.m. February 21, :30 p.m. Robert L. Anderson Administration Center 4000 South Tamiami Trail 1660 Ringling Boulevard Venice, Florida March 6, :30 p.m. March 20, :30 p.m Ringling Boulevard 1660 Ringling Boulevard MEETING ADJOURNED: 9:43 p.m. MINUTES APPROVED: Chairman