MARCH 11, 2014 MINUTES PLANNING COMMISSION COUNCIL CHAMBERS (MACKENZIE HALL) DRAFT Planning Commission Members present: Chair Valiquette, Commissioners Talmage, Ketteman, Heidrick, and Krekel. Staff present: James Jordan, Planning Director; Roy Gibson, Senior Planner; Scott Fulton, City Planner; and Meg Veraldi, Admin Assistant. 1. Chair Valiquette called the regularly scheduled Planning Commission Meeting to order at 9:01am. 2. Pledge of Allegiance was led by Commissioner Heidrick. Chair Valiquette excused Vice Chair Marks and Commissioner Smith from the meeting. 3. Public Comments on non-agenda items: None. 4. City Council Liaison Report: Vice Mayor Congress spoke to the following items from the March 14 2014 City Council Meeting: CHR Audit Report presented to City Council. It was an excellent report. Had another second reading on the bus ordinance. Council has opted to study this further. Currently monitoring Lighthouse beach for what types of buses are coming in and what are the issues they are seeing. Intend to monitor through Easter and then review data. Approvals on traffic counts and traffic study. The Dunes is receiving more through traffic than usual. Looking to do a traffic calming study in the Dunes. Considering reducing the speed limit. Also planning to do traffic counts throughout the island. This could possibly assist with future grant opportunities for future resolutions regarding traffic. Pond Apple Park boardwalk officially opened last week. Civic Core update provided. Discussing how the public/private partnership will work out. There will be another stakeholders meeting prior to the next Council Meeting. The Dark Sky Ordinance was discussed. Vice Mayor Congress will be working with Staff on this item. Bill was passed at the House level which addresses many of the concerns regarding the Biggert-Waters act. This will help with grandfathering and will allow for refunds for those who have already paid high fees due to home sales. Chris Heidrick reminded that it will probably take FEMA several months to implement this law, which will create a time lag. He also noted that this is not a complete repeal of Biggert-Waters, premiums will still go up, but many of the concerns and issues have been addressed. Questions and Comments: Chair Valiquette noted that traffic and speeding issues in the Dunes has been brought up time and again over the years and it is difficult to address this because it is a public road. VM Congress noted that what convinced him that the study is the right thing to do is that it will enable them to reduce the speed limit in that subdivision, if needed, which cannot happen unless a traffic calming study has been done. There was additional discussion among the Commission regarding Biggert-Waters reform. Com. Talmage inquired if Leeway tracks the number of buses that go through? Vice Mayor Congress noted, no, they track the number of vehicles and axles but not specifics on type of vehicle or number of passengers. Com. Ketteman inquired if they could? Vice Mayor Congress noted that is under discussion. 5. Consent Agenda a. Approval of February 28, 2014 Meeting Minutes MOTION: Com. Ketteman moved, and Com. Heidrick seconded, to approve the consent agenda. The motion carried 5-0, with Com. Smith and Vice Chair Marks excused.
Page 2 of 5 6. Commencement of Scheduled Public Hearing a. Director Jordan read the title into the record: Consideration of a request filed for conditional use approval to abandon and replace an existing onsite production well intended for potable water use as provided by Island Water Association, Inc., on a parcel of land located at 3425 Sanibel Captiva Road (tax parcel no. 28-46-22-T2-00006.003C) owned by the United States of America c/o US Bureau of Land Management U.S. Department of Interior (the U.S. Fish and Wildlife Service). The subject request is submitted by Island Water Association, Inc. Application No. 14-7798 CUP. Site visits and ex-parte communications: Commissioner Talmage: No site visit. No ex-parte. Commissioner Ketteman: No site visit. No ex-parte. Commissioner Smith: Excused. Chair Valiquette: No site visit. No ex-parte. Commissioner Heidrick: No site visit. No ex-parte. Vice Chair Marks: Excused. Commissioner Krekel: No site visit. No ex-parte. Commissioners Ketteman and Talmage noted they attempted sight visits but were unable to find the site location Sworn: Roy Gibson, Senior Planner; Jim Elliott, Source Incorporated (Engineer); Don DuBrasky, Gen. Manager of Island Water; Paul Tritaik, Refuge Manager at J.N. Ding Darling National Wildlife Refuge; James Jordan, Planning Director. Mr. Gibson presented the following for Staff: Submitted Planning Dept. Staff Report dated March 11, 2014 as City Exhibit C1. The Applicant has filed a Conditional Use application for the replacement of a potable water production well at the subject address at 3425 Sanibel-Captiva Road. The production well is a public utility use, and the Sanibel Code defines public utility uses uninhabited structures with no regular or on-site human activity as a Conditional Use. The Planning Commission approved the existing production well in 1982. It has been 32 years since this request has been filed, and they are now replacing that well. The Applicant has addressed the specific conditional use requirements and the General Conditional Use requirements with their application, which is provided as Attachment A of the Staff Report. A summary of the proposed improvements was included with their application and that has been provided as Attachment B of the Staff Report. Attachment C of the Staff Report is a site plan showing the location of the existing well and the location of the replacement well. Staff has reviewed the application and the proposed plans and finds that they are in compliance with the General and the Specific Requirements for public utility uses, and has recommended that the Planning Commission approve the Conditional Use Permit subject to the five (5) conditions that are included in the Staff Report. Commission Questions: Com. Ketteman requested clarification of the location which Mr. DuBrasky confirmed. Com. Krekel noted that he understood this request for replacement to be due both to the age of the well, as well as the desire to increase capacity, and inquired what that
Page 3 of 5 increase would be. Mr. Elliott noted the existing well s production has dropped off through the years to what they now consider a trickle. That well will be cemented, plugged and abandoned. They will move over about 13 feet from the existing well, and a new well will be drilled which will be a little bit deeper. The old well was producing about 135-140 gallons per minute and the new well is expected to produce close to 700 gallons per minute. Mr. Elliott noted that they need back-up wells and this is a critical well to the well field. Chair Valiquette inquired if the Applicant had any problems with any of the conditions proposed by Staff for this application? The Applicant noted they do not. Motion: Chair Valiquette moved, and Com. Ketteman seconded, to approve application 14-7798CUP. The hearing was closed and that the Chair be authorized to execute the resolution without return to the Planning Commission. The motion carried 5-0, with Com. Smith and Vice Chair Marks excused. Paul Tritaik noted for the record that the J.N. Ding Darling National Wildlife Refuge supports the Island Water Association s application. He also noted a correction for the portion of the Staff Report where ownership is noted in the record as United States of America c/o US Bureau of Land Management, noting that it should be U.S. Department of the Interior. Com. Ketteman inquired if this Conditional Use process was used when the City reviewed locations for the cell tower, which are public utilities. Mr. Cuyler noted that in that case, the sites have already been identified as communication sites as part of an Ordinance. City Council will approve it under the Ordinance that exists. It doesn t go to Planning Commission. (There was a brief additional discussion around this topic). 7. Continued Commercial Redevelopment Discussion: Intra-/Inter-Connectivity Director Jordan noted that Staff had prepared the following for discussion and recommendation of transmittal to Council for their consideration: The Inter-/Intra-connectivity Guidelines; a draft Ordinance, proposing addition of a new section to the Land Development Code, Section 126-855 titled Inter- and Intra-Connectivity, including the Commission s requested language exempting inter- and intra-connectivity from coverage and clearance; a draft Cross-Access Agreement; and a Development Permit Application for Inter- and Intra-connectivity. Director Jordan also noted that Staff would like to request a discussion with the Commission for their consideration on if a Cross Access Agreement should be enforced, as this document has to be recorded, and it may prevent people from participating. He also noted that there may be some minor changes to the Ordinance, but it will go to Council very close to the form it is in today. Commission Questions/Comments: Com. Krekel: Requested clarification on the Cross-Access Agreement, and confirmed if the question is if this should be taken out. Dir. Jordan provided some clarification on the purpose and intent of the agreement and confirmed Staff is requesting guidance on removing that. He included that as long as we have two applicants joining in the application that will be sufficient for the City s concerns. Chair Valiquette asked Mr. Cuyler about property owners changing hands and new owners possibly not wanting to be part of a previously established agreement? Mr. Cuyler noted that it depends on how you are approaching the subject. If this is voluntary action on the part of the property owners, and we re not imposing a regulation on them, then it s always going to be at their discretion, so they are going to be able to back out of it. The Cross Access Agreement is to grant access to easements on one another s properties. As soon as
Page 4 of 5 you get into easements you start to get into title, and once you get into titles you get into attorneys and attorneys fees. He included that there is also an indemnity in there which he was not sure anybody would want to sign. If the objective is to promote people volunteering for this, that agreement may not work out. You could have it, but are property owner A and property owner B going to go to that kind of trouble to have this type of connectivity. And ultimately, if they want out of it, they re going to be able to get out of it anyway. Chair Valiquette inquired if a new owner could get out if they wanted to? Mr. Cuyler noted that right now, they would co-apply, so someone could come in and express the desire to get out of that agreement. As this is structured right now the City is not imposing City regulations on the property owners, it s more of a voluntary thing. Com. Heidrick noted that he thinks it is a great suggestion to remove this agreement, including that any business owner is going to take this agreement to their attorney prior to signing and that there attorney is likely to make edits which would create many future versions of this Cross Access Agreement. If it doesn t serve a purpose or accomplish an objective than we shouldn t have it. Com Talmage noted that this is of particular interest in regard to the shared parking agreement, and where there may be a change of use for one owner or the other, which may change the nature of the easement. Mr. Cuyler noted that this concept came from the shared parking discussions and noted that the difference is if you have a requirement that that is how they are meeting the parking requirement, then you want to impose a long-term obligation that causes a commitment. But in this situation it s voluntary. Com. Ketteman noted that he agreed with the suggestion to remove the Cross Access Agreement. He noted that the logic of a best-practices set of ideas together with what looks like an imposed agreement doesn t make any sense. Chair Valiquette inquired if anyone disagreed with removing the Cross Access Agreement. There were none who disagreed. Com. Ketteman inquired on the final determination on pricing for this permit. Dir. Jordan noted that the recommendation the Planning Commission gave is to not have a fee and include a look-back in one year from the adoption by City Council. Com. Talmage noted that if we treat this as a voluntary issue, what Commission did in the Periwinkle Place application becomes odd, as we required it of them. Mr. Cuyler noted that when applicants come to the Commission, you may find it necessary and appropriate to weigh that as a Condition, and the Commission is going to have that ability. Public Comment: Claudia Burns noted that as a frequent bicyclist and pedestrian, she appreciates this measure the City is taking. She inquired about the creation of a map of existing intraconnectivity that had been proposed? Dir. Jordan noted that this request would need to be moved to Council as this would require additional Staff Time, which Council must deem necessary. Com. Talmage included that we can map these as permitted. Ms. Burns confirmed that the intention is to encourage those who have existing connection to improve them in order to bring them up to the suggested guidelines. Dir. Jordan confirmed that was correct. Motion: Com. Krekel moved, and Com. Ketteman seconded, to approve forwarding this to Council with the Commission s recommendation for approval, with removal of the Cross Access Agreement. The motion carried 5-0, with Vice Chair Marks and Com. Smith excused.
Page 5 of 5 8. Report from Director of Planning: Director Jordan noted there was no change to the Planning Priority list since last the Commission met. With no quasi-judicial hearing scheduled for the March 25, Planning Commission Meeting, Staff, suggested they convene the Land Development Code Review Subcommittee as planned and start on two of the proposed Land Development Code revisions. He inquired, with no Planning Commission items scheduled, would the Commission still like to begin their LDC Review Subcommittee meeting at 8:15 as originally scheduled, or would they prefer a 9:00 AM start? Commission agreed on a 9am start for the LDC Review meeting. There was some brief discussion regarding these upcoming LDC Review agenda items. Com. Talmage requested a look-back at past outcomes. Com. Ketteman inquired if it would be helpful to have a couple of resort folks who ve tried to make changes under the new rules, come in and talk to the Commission about what s working and what is not? Director Jordan noted that Staff intends to invite the property owners that have expressed their interested in these two pieces of legislation to the meeting. Dir. Jordan confirmed that, in light of no pending hearing being scheduled for the Commission for March 25 th, Staff will cancel the Planning Commission meeting for the 25 th per Commission s consensus, and the Land Development Code Review Subcommittee will now begin at 9:00 a.m. on the March 25 th. 9. Report from Commission Members: Com. Krekel wished to thank fellow Commissioners for assistance with the library program. Com. Talmage wished to thank the Commission for their work on inter- and intraconnectivity, he believes it is going to be an enhancement for the City. Com Ketteman noted that, regarding Councilman Congress s discussion, that it makes sense to do this study on the Dunes, but if we really want to deal with people cutting through the Dunes, the City needs to deal with Periwinkle which is the root cause which creates these other issues. Chair Valiquette included that many of the problems are from those turning left. Once there is gridlock, there is nowhere for them to go. He noted that if the center turn lane went all the way down Periwinkle, you would see a huge reduction in traffic. Com. Talmage noted, though not a long term solution, it may be helpful if the Chamber and the volunteers at the Chamber would lead a public campaign to make the public aware that the City s tradition is to allow left turns. Com. Krekel included that the new roads proposed with the Civic Core project may also get some traffic off of Periwinkle which may help. He also noted that they should enforce the speed limit in the Dunes to make that effective. 10. Report from Commission Chair: None 11. Public Comment: None Chair Valiquette adjourned the meeting at 9:59 a.m. Respectfully submitted, James C. Jordan, Planning Director