Town Commission nails zoning-code ordinance

“The fist of special interests smashes the town’s code using the hammer of the Longboat Key Town Commission.”

Islandside Property Owners Coalition President Bob White said that the group paid a Ringling College of Art and Design student to draw the cartoon with the above words in preparation for the commission’s Monday, July 2 regular meeting, during which commissioners approved various changes to the town’s zoning code on second reading and public hearing in a 6-0 vote.

White included the cartoon in a letter he wrote opposing the proposed changes, in which he described them as “written specifically to legitimize their approval of the massive Key Club expansion, an expansion which has been ruled in violation of the law by the circuit court.”

It was one of more than 40 emails the commission received opposing the proposed changes, most of which were sent by Islandside residents. The commission also received about a half-dozen emails in support of the changes.

None of the opponents, however, were present at Monday’s meeting. (Many Islandside residents are out of town during the summer, according to White.)

Three members of the public spoke on the issue, all in favor of the changes.

Resident Terry Gans described the IPOC cartoon as something that seemed appropriate for the old “Daily Worker,” a former New York City Communist newspaper.

“No code is intended to be forever,” he said. “Adapting and amending are expected and desirable over time. For a few properties to attempt to dictate what happens beyond their boundaries and effectively extend their property rights to hundreds of more acres is ludicrous.”

Several of the changes were in response to a ruling that granted a writ of certiorari to IPOC and the L’Ambiance and Sanctuary condominium associations in their challenge of the Longboat Key Club and Resort’s proposed $400 million Islandside project.

For example, the ordinance clarifies allowed uses for districts within Bay Isles, Islandside and Promenade/Water Club properties. The ruling stated that many of the proposed uses in the Key Club’s plan were not listed as allowable uses in town codes.

It also clarifies (according to supporters) or changes (according to opponents) certain aspects of the planning process.

The ordinance eliminates the requirement that the commission make findings of fact. The ruling stated that the commission’s findings of fact in the June 2010 development order in which the project was approved were not substantial enough to justify the 29 departures granted.

It also states that applicants don’t need to file applications for a site plan and ODP concurrently and that an application that is revised after P&Z Board review doesn’t have to go back before the board for further review.

Others, such as clarified criteria for granting bonus lot coverage and building height, as authorized by the town’s Comprehensive Plan, were not related to the ruling.

White said that he expected the commission to adopt the ordinance but still expressed disappointment.

“I think the commission needs to understand that there are still a lot of people that are not happy with the changes,” he said.