Town agrees to code review

Key Club asks to look at specific codes affecting plan.

MELISSA REID
Staff Writer
mreid@lbknews.com

In an abrupt turnaround, commissioners voted 6-1 at Monday’s regular meeting to grant the Key Club’s request to have certain zoning codes reviewed by the Town’s Planning and Zoning Board, with Commissioner Hal Lenobel as the dissenting vote.

Key Club attorney John Patterson began by explaining to the Commission that the Club would like the Town to clarify six or seven of its Town building and zoning codes, so that “everyone knows what the rules are.”

By “everyone,” Patterson said he was referring to not only the Key Club, but also the Islandside Property Owner’s Coalition (IPOC), which is opposed to the Club’s renovation plan. But IPOC opposed Patterson’s request at the meeting, saying it was an effort to selectively change the codes that are in the way of its development proposal.

When Lenobel asked Patterson if he meant ‘clarify’ the codes or ‘change’ the codes, Patterson answered that it depended on which side of the project you were on. He said that from the Key Club’s standpoint, he considers the codes vague, and needing clarification. However, he said, if you were on the IPOC side and opposed to the project, the codes were probably considered clear and that any amending would be interpreted as changing the codes.

IPOC attorney Michael Furen said, “I think what they’re asking you to do is to change your code, not clarify it. The code has served you well for so many years. They’re asking you to get rid of any ability to enforce your codes. The most obvious example of that is the number of departures that they have requested to go forward…I think it would be inappropriate to make code changes in the dark, so to speak, with the town and the applicant. I think those changes should be made with the public, before those changes are made. I’m surprised at the timing of this request. If we’re going to go down this path, those code review clarification changes should all be considered along with the Comprehensive Plan.”

Patterson reassured the Commission that he had no problem with the town’s Comprehensive Plan, simply stating that it was vague.

“We’re comfortable with the comprehensive plan, I don’t think you need to review the comp plan. We’re fine with the comp plan as it exists,” said Patterson.

Town Attorney David Persson shed light on the issue by explaining that the Planning and Zoning Board and Commission can review specific town codes without reviewing the Comprehensive Plan, however, any amendments to the town codes have to be consistent with the Comprehensive Plan.

“The rule is if you’re going to amend your zoning code, it needs to comply with your Comp Plan,” said Persson.

Commissioner Jim Brown expressed concern that the process of having the planning and zoning board review the zoning codes would take more time.

“It seems to me that these things may need more consideration than just one meeting. I wouldn’t want to put it on the planning and zoning board in one meeting,” said Brown.

Persson later explained to the commission and Patterson the process for reviewing the codes.

“The first item of business would be to develop an ordinance that if they can’t agree on a philosophy, they could agree on a language. I share your concern. Hopefully, it would be crystallized going to the Planning and Zoning Board. Maybe there could be a Planning and Zoning Board meeting early in April, with a public hearing, then it would have to go to a Commission workshop, and then there would be two public Commission hearings,” explained Persson.

The commissioners debated whether the Town should review all the codes and the entire Comprehensive Plan in the interest of fairness, or whether just the specific codes that the Key Club thought were ambiguous should be reviewed. If the whole comprehensive plan and town codes were reviewed for consistency, any potential future developer would not run into clarification difficulties.

IPOC President Bob White spoke directly to the Commission on this issue.

“I just have a couple of things from a philosophical perspective. We’re talking about the rights of the property owners within the PUD. Philosophically, we would be very much opposed to changes to the zoning code, which only apply to the PUD. Let’s review the zoning code on a key-wide basis rather than strictly for the PUD…If we’re going to change the height of the building allowance, then we ought to talk about whether to allow the height increase throughout the island. We don’t take it positively that the residents of the gulf planned developments would be the only ones under the gun. We have to consider any applications that are going to be made now or in the future. So if we’re going to consider changing the code, it needs to be specific in terms of what they’re going to address, and their mandate should not just address the six issues that they brought up.”

Commissioner Gene Jaleski was in favor of reviewing the codes and the Comprehensive Plan.

“Not only do the codes have issues, but also the Comprehensive Plan. What we have now is vague to my point of view. I would like to see us not hurry the process. Take time and do a really good job and take a serious look at how they’re put together. To just put a band aid on what is already a patchwork quilt will not help us,” said Jaleski.

Mayor Lee Rothenberg, too, thought the Comprehensive Plan may need review.

“I heard many times at the hearings that the comprehensive plan was very incomplete, I never heard that about zoning, I heard differences of views. Zoning stems from the Comprehensive Plan,” said Rothenberg.

Commissioner Peter O’Connor concurred that if the Town was going to review the seven zoning codes that the Key Club was questioning, then all the codes should be reviewed.

“I’m troubled that there are 14 instances where it may be thought not to fit. We should look at the entire zoning code, why not look at all 142, instead of 14? I’m perplexed,” said O’Connor.

However, Commissioner George Spoll thought reviewing all of the codes was not necessary.

“Let’s take the first step, clarify those if at all possible. I don’t see that its necessary that you go back to Genesis in order to look at areas of conflict,” said Spoll.

Brown also thought review of all the codes was not necessary.

“I think we should do it (send it back). I don’t’ think we have to open up the comp. plan at this time, but we have a regular review of it as it is,” said Brown.

Vice Mayor Robert Siekmann noted that the process of sending the issue back to the planning and Zoning Board will take a long time, perhaps up to one year.

“This is not going to happen overnight, and when you start talking about the possibility of amending your Comp. Plan, you’re talking about sending it to Tallahassee which is really sending it into the vapor,” said Siekmann.

Key Club General Manager Michael Welly said he would only give the town until June 30 for a first reading, and if the process takes any longer, he would have to withdraw the project altogether and not pursue a project on Longboat Key.

The Planning & Zoning board will review the zoning codes that are in question with the Key Club’s proposed renovation plan.