Showing posts with label master plan. Show all posts
Showing posts with label master plan. Show all posts

Friday, March 17, 2023

Bay Park under threat of commercialization, and a Control Growth Now Picnic

Development interests have their eyes on our parks. 

Both Warm Mineral Springs in North Port and The Bay Park in Sarasota are at risk.  Unfortunately, some in both City governments are supportive of plans to convert public lands to private gain.

Most immediately, on Monday March 20, the Sarasota City Commission will consider measures to facilitate opening up the 53 acres of City-owned bayfront known as The Bay to extensive private development.

The City Planning Commission voted 4 to 1 to recommend denial.  The City Commission should do the same.

Phase 1 of The Bay project has been wonderful, with environmental and civic improvements consistent with the present limits on development.

However, the private interests behind the Bay Park Conservancy, represented by Bill Merrill and Phil DiMaria, an attorney and planner respectively for developers including Benderson, are seeking changes that would open the door to extensive commercial and other private development in The Bay Park moving forward.

At present, most of The Bay Park is limited under the City’s Comprehensive Plan to “Recreation, Entertainment, Museum, and Cultural Facilities - (Civic Center Complex).”  That is exactly what is planned there now, in the City’s Master Plan for The Bay Park.

The north end, now called Centennial Park, is instead designated “Open Space-Recreation-Conservation.” Only “minimal” development for “food, beverage, and entertainment uses” is allowed, but “the type and scale of activities which have been associated with the ‘Marina Jack’ facility” are prohibited.  Again, this is consistent with the present Bay Park Master Plan, which includes only one modest “food and beverage” building in that area.

All of this would be replaced by the Comprehensive Plan amendments up for public hearing and approval Monday morning.

The new wording provides broadly for a “flexible mixed-used district” for all 53 acres.  Without any limits, the following would be allowed (emphasis added):  “uses including but not limited to parks and open space, government uses, restaurants, performing arts centers, museums and cultural facilities, galleries, retail, and mixed-use development with a maximum residential allowance for 10 live/work units within (The Bay Park).”

At present, the City Charter requires a supermajority vote of the City Commission (at least 4 to 1) to loosen the present restrictions on development in The Bay Park, as a Comprehensive Plan amendment.  If the amendments up on Monday are approved (by that supermajority vote) then any limits will only require a regular 3 to 2 vote, in the Zoning Code.

This is the same move in which development interests and their supporters in City government failed (by one vote short of a Commission supermajority) to move limits on downtown building heights from the Comp Plan to the Zoning Code.  It is the same as what they tried and succeeded (4 to 1) for density increases in much of the City.

Already, the Bay Park Conservancy has proposed massive restaurant development on the north end of The Bay Park, far more than in presently allowed by the Comprehensive Plan. In a Powerpoint to the City Commission, they presented plans for three-level restaurant buildings on all three sides of the boat basin, totaling 26,000 square feet of rooftop dining and 14,750 square feet of indoor dining, for a total of 40,750 square feet. Compare for example, the large Selva Grill restaurant in the UTC Town Center, at 5,000 square feet.   

Who knows what other commercial development they have planned in our public park?

The amendments would also eliminate public hearings and votes of the Planning Board and City Commission for Bay Park site plans and replace them with backroom administrative approval by supportive City staff.   

Although those site plans would have to be consistent with a one-page graphic which is the “Master Plan” adopted by the City Commission, already the Bay Park Conservancy shows how they can depart from that if they get administrative approval.  Amazingly, they contend that their extensive restaurant plan is consistent with the Master Plan when clearly it is not.

BPC leaders have also said that the Master Plan is “outdated” and should be changed in ways they do not disclose.

A requirement for a “public community workshop” prior to administrative approval “for structures of less than 10,000 square feet” was added.   That’s an obvious typo in that “less” should be “more.” Not only is that meaningless due to that size (none of the BPC’s restaurant buildings are over 10,000 square feet) but a workshop is no substitute for public hearings and Commission votes.

City Commissioners should vote NO on Monday.

Dan Lobeck, Esq.
Law Offices of Lobeck & Hanson, P.A.
2033 Main Street, Suite 403
Sarasota, FL  34237
(941) 955-5622

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Control Growth Now Annual Potluck Picnic


Saturday, March 25

11:30 am – 2 pm

Colonial Oaks Park, 5300 Colonial Oaks Blvd, Sarasota, FL

 

Please register today:  https://www.eventbrite.com/e/571055280717

 

Free and Open to the Public!  Come to Control Growth Now's Annual Meeting and Potluck Picnic at beautiful Colonial Oaks Park Saturday, March 25 from 11:30 am to 2 pm.  


Please register for yourself and anyone you are bringing with you. Enjoy our grilled burgers, hotdogs, veggie burgers and drinks -- bring a side dish or dessert to share if you like -- in the good company of people who care about the future of our community.  


At a short meeting in the clubhouse we will honor Valerie Buchand as our Citizen of the Year for her good work in bettering the quality of life in the Newtown Community and throughout Sarasota. Join Control Growth Now if you like, or renew your membership for 2023-24 (annual dues $20 – an option on the Eventbrite registration) or just be our very welcome guest!


                                                                                        -- Dan Lobeck    

Friday, March 19, 2021

"That final loophole is astonishing" -- Lobeck on Hi Hat Master Plan

Letter sent March 19 from attorney Dan Lobeck to the Board, offering salient reasons why the Master Plan for Hi Hat Ranch, which will be addressed Tuesday March 22, fails to be sufficient in many ways. The text has been redacted to put the focus on Mr. Lobeck's last point, regarding road sufficiency and traffic:

Hi Hat Ranch


Honorable County Commissioners:

I and my firm represent Saddle Creek Owners Association, Inc., which operates the Saddle Creek Subdivision directly adjoining the proposed Hi-Hat Ranch Village development (and sharing a border about a mile long), which is before you for public hearing this Tuesday, March 23 .

We greatly appreciate the outreach, communications and cooperation of Jim Turner in the review and preparation of the proposed Master Development Plan.  In particular, we appreciate the relocation of the proposed Regional Sports Complex away from Saddle Creek, to a more suitable location north and east of the original site near Saddle Creek.

<A section relating to future high school, sporting areas, and another section on ground water have been elided> 

Transportation

Access to Saddle Creek is from Clark Road.  We are alarmed that the Transportation Conditions in the Master Development Order fail to address the need to maintain adequate capacity on Clark Road to handle the huge increase in traffic from the proposed Hi-Hat development, and to make the developer pay for needed road improvements for that purpose, as a Condition in the Master Development Order and as required by the Sarasota 2050 policies of the Sarasota County Comprehensive Plan.   The same problem exists as to impacts of the development on many other east County roads.

Proposed Transportation Condition 11.B.7 provides that each rezoning in the development shall evaluate the need for widening or building only four road segments: two segments of Bee Ridge Road, North/South Roadway B, and Fruitville Road between that roadway and Lorraine Road.  That is despite the fact that the Traffic Study has identified sixteen road segments which will need improvements to handle the traffic from the Hi-Hat Ranch development, including the need to widen Clark Road from two lanes to four in the vicinity of Saddle Creek and elsewhere. 

Further, Transportation Condition 11.A.6 provides that no Development Orders throughout the development shall be approved if certain biennial monitoring of traffic impacts show a roadway becoming congested below the adopted level of service unless “funding commitments” are made sufficient to resolve the deficiency (with the developer paying its proportional share for the new capacity and the taxpayers paying the rest) or – now get ready for this, because it is actually in there -- if the Development Order includes “other traffic mitigating measures” including “the promotion of telecommuting, ride sharing or transit” acceptable to Sarasota County and “that are intended to eliminate the impact from Hi Hat Ranch development on the deficiently operating facility(ies).”

That final loophole is astonishing.  If the developer commits to promote ridesharing and telecommuting (perhaps with flyers given to purchasers), and “intends” -- intends -- that to be enough to take care of the traffic, and if County staff signs off on that, the developer is good to go gridlocking County roads in reality.   (“Whoops, sorry about that, but we really, really intended our promotion of ridesharing to keep the roads drivable.”)

Policy VOS 2.9 of the Sarasota County Comprehensive Plan (in the Sarasota 2050 provisions) requires that each Village development “shall provide adequate infrastructure that meets or exceeds the level of service standard adopted by the County and be Fiscally Neutral or Fiscally Beneficial.”

Instead, the Conditions now before you are woefully inadequate to comply with that requirement.  And the County has not even done a study showing who is going to pay for all the road improvements that will be needed and are in part planned east of I-75 that the County Commission is in the course of approving. 

Ben Franklin and others said that a failure to plan is a plan to fail.

More planning is needed in and for this Master Development Order, for the protection of the people of Saddle Creek and very many more, before it deserves to be approved. 

Thank you very much for your considerations.

  

Dan Lobeck, Esq.

Florida Bar Board Certified in

Condominium and Planned Development Law

Law Offices of Lobeck & Hanson, P.A.

2033 Main Street, Suite 403

Sarasota, FL  34237

Telephone:  (941) 955-5622

Facsimile:   (941) 951-1469

www.lobeckhanson.com