P&Z begins to crack town codes

The Longboat Key Planning & Zoning Board voted unanimously at its May 1 meeting to recommend various changes to the town’s zoning code. The proposed changes would give the districts their own standards, like other districts, independent of the Outline Development Plan.

The proposed changes replace the Planned Development District, Gulf-Planned Development District and Negotiated Planned Development District with the Bay Isles, Islandside and Promenade/Water Club Mixed-Use Community districts.

Assistant Town Attorney Kelly Fernandez wrote in an April 17 memo that the changes were proposed “to ensure consistency with the Comprehensive Plan and address issues raised by the court’s ruling last year in the writ of certiorari case involving the Key Club.”

The changes would also clarify that applicants don’t need to file applications for a site plan and ODP concurrently, eliminating the need for the P&Z Board and Longboat Key Town Commission to make written findings of fact. Both the board’s recommendations and the commission’s are to be “based on competent, substantial evidence of record.”

The changes would clarify that modifications to applications post P&Z Board review do not need to be remanded to the board.

Other changes include the provision of criteria for granting lot coverage and building height and requirements for when final site-plan approval must be sought.

Judge Charles E. Roberts ruled in favor of the Islandside Property Coalition and L’Ambiance and Sanctuary condominium associations in their challenge of the Longboat Key Club and Resort’s $400 million proposed Islandside redevelopment-and-expansion plan at the end of 2011.

In his ruling, which favored IPOC and the associations on all seven of their claims, he laid out what many felt showed the need to update and/or clarify town codes.

The ruling stated that the development order, by which the commission approved the Key Club plans, violated the town’s zoning code because it permitted uses on lands not previously designated for such uses and did not include required findings of fact about departures granted, and because the fourth revised application the commission approved didn’t go back to the P&Z Board for review.

The proposed changes drew both supporters and opponents.

Resident Terry Gans spoke in favor of the changes, saying that communities need to evolve.

IPOC President Bob White spoke against them, taking issue with many changes, including the elimination of the need for the commission and board to make findings of fact. He said that parties on both sides of an issue would likely be able to present evidence to support their cases.

Resident Gene Jaleski also spoke against the changes, describing it as one of the largest changes to the town he had witnessed since he began coming to the island in 1978.

Key Club Associates attorney John Patterson, however, said that the definitions would bring more certainty.
Board member Leonard Garner expressed satisfaction with the process at Tuesday’s meeting.

“We’re cleaning up our act,” he said. “I think it’s a worthwhile project for us to approve this.”