ORDINANCE NO. 2009-020
AN ORDINANCE OF THE COUNTY OF SARASOTA, FLORIDA,
AMENDING SARASOTA COUNTY ORDINANCE NO. 99-079, RELATING
TO THE OSPREY REVITALIZATION PLAN (NO. 98-01-SP); PROVIDING
FOR FINDINGS; PROVIDING FOR THE ADOPTION OF AN AMENDMENT
TO OSPREY REVITALIZATION PLAN (NO. 98-01-SP); PROVIDING FOR
THE RELATIONSHIP TO OTHER COUNTY REGULATIONS AND
APPLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA
COUNTY, FLORIDA:
SECTION 1. Findings. The Board of County Commissioners of Sarasota County, hereinafter
referred to as “The Board” herby makes the following findings:
1.
The Board has previously adopted the Osprey Revitalization Plan (No. 98-01-SP)
through Ordinance No. 99-079.
2.
Alan Garrett, Agent, has filed an application for an Amendment to the Osprey
Revitalization Plan (No. 98-01-SP), to revise Figure 1, the Osprey Village Center Future Land
Use Map, by changing the designation of an approximate 14-acre area, located west of U.S. 41
and south of West Bay Street from Commercial Core and Medium Density Residential to
Planned Mixed Use.
3.
The Amendment Application was duly reviewed by the Sarasota County Planning
Services and the Sarasota County Development Review Committee.
4.
The Sarasota County Planning Commission held a duly noticed public hearing on
said revitalization plan amendment on December 3, 2009 and December 10, 2009, received all
pertinent evidence and testimony and recommended approval of the said Amendment to the
Osprey Revitalization Plan (No. 98-01-SP).
5.
The Board on December 16, 2009, after due public notice, held a public hearing
to consider the proposed amendment to the Osprey Revitalization Plan (No. 98-01-SP) and all
matters relating to said amendment, including testimony of the general public.
6.
The Board, sitting as the Sarasota County Land Development Regulation
Commission (LDRC), has reviewed this Ordinance and found that it is consistent with the
Sarasota County Comprehensive Plan, adopted by Ordinance No. 89-18, as amended.
SECTION 2. Amendment of the Osprey Revitalization Plan (No. 98-01-SP). Pursuant to the
Sarasota County Comprehensive Plan and the provisions of the Critical Area Planning
Regulations, adopted by Sarasota County Ordinance No. 89-93, as amended, and based on the
evidence and testimony and the foregoing findings, the Board hereby adopts this Amendment to
the Osprey Revitalization Plan (No. 98-01-SP), consisting of conditions for development
approval and an Amended Osprey Village Center Future Land Use Map, attached hereto as
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Figure 1 and the addition of a new map “Building Height Setbacks – Planned Mixed Use Area,” ,
attached hereto as Figure 2. Furthermore, Condition No. 1 is hereby amended and Condition
Nos. 19 through 21 are hereby added to the Osprey Revitalization Plan (No. 98-01-SP). Note:
additions are underlined and deletions are striken.
General
1. Except as otherwise noted herein, future development approvals (e.g., Developments of
Regional Impact, Rezoning Petitions, Special Exceptions, Site and Development Plans,
Construction Plans, Preliminary Subdivision Plans, and Final Subdivision Plans) shall be
consistent with Figure 1, the Osprey Village Center Future Land Use Map and the conditions
set forth herein. Notes:
A. Implementation of the Osprey Commercial Overlay District will require an amendment to
the Sarasota County Zoning Regulations, Schedule of District Regulations.
B. Until such time as a Waterfront Revitalization Plan is developed and approved, all
development within the Waterfront Revitalization Area shall be consistent with the
existing future land use designations on the Apoxsee Future Land Use Map.
C. Not all residential designations shown on this map are consistent with the current
Apoxsee Future Land Use Map. Unless or until such time as an amendment to the
Apoxsee Future Land Use Map is adopted, incorporating the Medium Density and High
Density Residential designations on the Osprey Village Center Future Land Use Map, all
residential development shall be consistent with the existing future land use designations
on the Apoxsee Future Land Use Map.
Planned Mixed Use/Commercial Area
The Conditions for Development Approval listed below shall only apply to the Planned Mixed
Use/Commercial Area.
19.
Land use Designations
The intent of the Planned Mixed Use/Commercial designation is to promote a compact,
walkable mixed- use development that promotes a sense of place. Permitted uses within
the Planned Mixed Use/Commercial designation includes commercial, office, transient,
service, institutional, civic, and residential uses. Future Development within the Planned
Mixed Use/Commercial Area shall be limited as follows:
A. Future rezonings shall be limited to the Planned Districts, including but not limited to,
Planned Unit Development (PUD), Commercial Marine/Planned Development
(CM/PD), and the Planned Mixed-Use Infill (PMI) districts.
B. A maximum residential density of 25 units per acre, inclusive of transient
accommodation units, shall be permitted.
C. A maximum density of transient accommodation units may be permitted as follows:
1.
over 25% with cooking facilities - 21 units/acre
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2.
up to 25% with cooking facilities - 42 units/acre.
20.
Watercourse Buffer/Public Access
Future rezonings along Little Sarasota Bay shall provide a watercourse buffer consistent
with the Land Development Regulations.
21.
Height Limitations
To ensure future development is compatible with the abutting single-family and multifamily residential development, limitations to height shall be consistent with the height
limits as provided for in Figure 2, including parking. In addition, no building shall
exceed 57 feet in height except that transient accommodations, which shall be permitted
to reach 70 feet in height within an area located 200 feet from the Little Sarasota Bay,
300 feet from the southern boundary of the development, 275 feet from Bay Street, and
450 feet from U.S. Highway 41. Building heights shall be measured from the highest
adjacent pre-development (current without additional fill) grade next to the proposed
exterior walls of the structure or building footprint as certified by a registered land
surveyor or engineer or architect.
SECTION 3. Relationship to Other County Regulations and Applicability.
1. The Osprey Revitalization Plan (No. 98-01-SP) does not in itself grant development
approval nor guarantee such approval, nor does it modify the requirements of the comprehensive
Plan or exempt any person or development activity from the requirements thereof.
2. This Ordinance shall not be construed to abrogate any existing rights acquired by any
party under authority of Chapter 380, Florida Statutes.
3. As a statement of intent, the Board directs the staff of the Sarasota County Planning and
Development Services Business Center and Public Works Business Center to work with the
Florida Department of Transportation to initiate the appropriate action to redesign the U.S. 41
and Bay Street intersection to incorporate an enhanced pedestrian friendly roundabout.
SECTION 4. Severability. If any provision of this Ordinance is for any reason finally held
invalid or unconstitutional by any court of competent jurisdiction, such previsions shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining provisions.
SECTION 5. Effective Date. This Ordinance shall take effect upon filing with the Department
of State.
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