Overlay discussion delayed

The size of the crowd Monday at Town Hall suggested that many residents knew last month’s Whitney Beach overlay district discussion would continue Monday night, because many audience members filled out forms indicating that they wanted to speak.

At last month’s meeting, the commission removed Whitney Beach references on first reading from proposed amendments to its Comprehensive Plan, eliminating the possibility of an overlay.

At the Town Commission regular meeting Monday, following a motion by Commissioner Lynn Larson, the commission added Whitney Beach back into the amendments, allowing for an overlay, but deleted language that would have made heights of up to 55 feet possible. Removal of height guidelines means that the properties’ heights would be regulated by their underlying zoning — a maximum of 30 feet for three included properties and 40 feet for two properties.

When the amendments were approved on first reading last month, the commission heard from many Village residents who spoke out against the overlay, particularly the possibility of structures of up to 55 feet.

On Monday, the commission heard from both supporters and opponents of the overlay. But a few residents weren’t sure if — or why — Whitney Beach would be up for discussion again.

Before the Comprehensive Plan came up for discussion, during the public comments portion of the meeting, former Commissioner Gene Jaleski asked if the commissioners could take a poll to let the large audience know whether they planned to discuss the overlay. Mayor Jim Brown said it wasn’t time for the Comp Plan discussion.

But when it was time for the Comp Plan, audience members didn’t just express support and opposition, but also, confusion.

Resident Larry Grossman asked the commission why it was discussing language that had been removed.
“Right now it’s commenting on the ghost that isn’t there,” he said of discussions.

Attorney Dan Bailey attended the meeting at the request of Longbeach Village residents Craig Walters and his wife, Georgia. Earlier in the meeting, Walters gave a presentation about a “Village in the Park” concept that would be similar to Anna Maria’s Pine Avenue.

Bailey said that, in this case, the process of a first and second reading had become confusing.

“I think with the way this one has been handled, there is some confusion about the process,” he said. “The problem is that the notice that was published is broad. The way it’s been skinnied down by the discussion has lent confusion.”

Possibly some residents stayed home, thinking that the commission had already “placed a stake in the heart” of the issue last month, Bailey said.

Brown had trouble believing that the public didn’t know about the discussion.

“Based on the comments I’ve heard tonight, I don’t think anyone knew it was taken out,” he said of the references to Whitney Beach.

The statement drew both applause and jeers from the audience.

“It was crossed out,” one audience member yelled.

Like any deletion of Comprehensive Plan language, the Whitney Beach references were crossed out on the amendments published on the town’s website, longboatkey.org. The state requires that changes to legislative documents be distinguished to clarify what has been changed.

Town Planner Ric Hartman explained what an overlay is and why it was unlikely to result in a rumored large hotel or any other massive development. He compared the uses of each property included in an overlay to pieces of a puzzle that can be moved around but can’t be expanded.

“There is a set amount of land devoted to each use,” he said. “You can’t expand that use if that isn’t allowed.”

Hartman said that a developer would still have to go through the outline-development and site-plan processes to use an overlay district.

Town Attorney David Persson told the commission that it had met its legal requirement by advertising that a public hearing on amendments to the future land-use elements of the Comprehensive Plan would take place, but he added a note of caution.

“If there’s anything I’ve learned in my 3,000 years of practicing law, it’s that just because it’s legal, doesn’t mean it’s right.”

Persson suggested that the commission continue the public hearing if it wanted to add the language back to the amendments.

Commissioner Phill Younger was hesitant about continuing the hearing and was supportive of voting that night.

“I think this is a never-ending story,” he said. “This has been vetted very thoroughly.”

But, just to be sure the public was properly notified about the discussion, commissioners voted to continue the public hearing to a 2 p.m. Thursday, June 21 meeting, at Longboat Key Town Hall.