Key Club seeks code changes
Attorney asks to amend codes that affect passage of Key Club proposal.
STEVE REID
Editor & Publisher
sreid@lbknews.com
The Longboat Key Club is asking the Town Commission to further delay the consideration of its redevelopment proposal by seeking to amend the Town’s zoning code to clear up what it says are ambiguities and regulations in need of improvement.
The Commission will consider the request, written in a Feb. 24 memo by Club Attorney John Patterson, at its Commission meeting Monday evening at 7 p.m. If a majority agrees, the Town Planning and Zoning Board will review the code provisions in question. The P & Z Board could affirm the code as is, or recommend amendments to help the Key Club application be in compliance.
Town Planning and Zoning Director Monica Simpson said the plan is currently in violation of numerous provisions of the code and would necessitate numerous departures and waivers to be approved. A waiver requires the applicant to show a hardship exists in the property that precludes reasonable use.
“The code we have was set for the town we have. The request (in the Key Club redevelopment proposal) is to allow more intensity than what we have or the code allows,” said Town Manager Bruce St. Denis.
Town attorney David Persson concurred. “The existing code was never designed to allow the magnitude of development in the Key Club application,” said Persson.
Patterson will open the discussion on Monday night said St. Denis and he anticipates the provision that will be requested to amend include the cap on 5% non-residential development in the Islandside Planned Unit Development.
Patterson wrote in his memo that the challenges by the opponents to the plan have been a “stress test for the Town’s Zoning code.”
“Areas of the code have been revealed as needing improvement due to conflicting or ambiguous interpretations, among other things. We submit that it would be in the best interest of everyone for these areas to be amended now so that final action on the Club’s application will rest on a foundation that will not invite protracted legal challenge by any party.” said Patterson.
Islandside Property Owners Coalition President Bob White questions whether the Planning and Zoning Board should be responding to an applicant’s request to change codes for a particular project.
“If the Town codes need to be reviewed and clarified, that is a worthwhile endeavor, but to change the codes so the Club can get their project through with fewer departures — that is not a good course of action,” said White. He added that he did not think there would be much support Key-wide for such an increase in building height, density and commercialism.
“They are asking for far too many departures from the code, which means it is way out of scale with the code. We would set the stage for the total remaking of the Key,” warned White.
Commissioner Peter O’Connor takes issue with the Club’s methodology.
“Legislatively you can request a change to code, then design your building to fit code. The Club chose not to follow that route. To design a plan outside of the code —that’s a departure, which is what they did. Now they are saying ‘please look at the code and look at each provision and have the planning board review.’ What the applicant is doing is attempt for us to look at items outside of compliance. As long as their application is still pending before the town, and so far it is, I don’t think this is the right way to go. I think they should withdrawal their application.”
How long the process of amending the codes may take depends on the depth and breadth of the discussion.
“It can happen fairly quickly depending how extensive and deeply they get into this. If it surgical it could go quickly,” said Persson.
Patterson said if the Town does not go the route of amending its zoning codes, the Key Club will be at the hearings arguing hardships.
“And if we do not agree with Monica Simpson’s interpretation, we could take it to the Zoning Board of Adjustment,” Patterson continued.
Commissioner Gene Jaleski said he is uncomfortable going back and reviewing only certain codes with the purpose of changing them so that the Key Club plan could be approved.
“It is my belief we should visit our codes as a whole, along with our Comprehensive Plan in an environment free of political pressure for the community as a whole,” said Jaleski.
Al Hixon presided over the original planning and zoning hearings of the Key Club proposal and he said that while some of the regulations and laws are imperfect, the board then felt, “That’s ok, we have to process this application within that umbrella.”
O’Connor said he finds it interesting that the Commission has yet to hear Planning and Zoning Director Monica Simpson’s staff report on the project.
“Since we haven’t heard her staff report how can we rule accordingly? I think Monica is ready. People don’t want her conclusion to be heard. If she had presented a positive recommendation the likelihood of approval would be high. The delays have brought the likelihood down,” said O’Connor.
O’Connor pointed out that the Town’s Special Counsel on land-use, Nancy Stroud, said “‘You can do anything you like.’ Now, we are being told, ‘well maybe not.’”
For O’Connor, Town Code should not be predicated on the desires of an applicant.
“The issue du jour, using the Key Club case as the surrogate,” said O’Connor, “is what do you want for the Key? You have an applicant that wants you to change the code. I would like to drive fast on the interstate, do I request a change to the speed limit so that everyone can drive 90?“
O’Connor warns that the Town runs the risk of losing control of its own land-use process.
“Let’s hope that we don’t become Marco Island. Most of the development by Arvida stopped at the county line. If you change the codes, all the land in Manatee County is ripe for developers,” said O’Connor. He continued, “That will be done if you use the route of changing the codes. The town attorneys don’t have to pay the price if we make a wrong decision, the taxpayers have to pay the price.”
At Monday night’s meeting, commissioners will have to decide. The item is positioned as agenda item 16 and the board has two options: refuse the request and hear the application by the Key Club when the amended request is deemed complete by Town Staff, or approve the request and ask the Planning and Zoning board to consider amendments to Town code. The Commission can adopt code amendments after two successful votes. If the code changes are dramatic enough to be in conflict with the existing Comprehensive Plan, that two would need to be amended.
