CITY OF SARASOTA Development Review Division Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY DECEMBER 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Planning Board Chair Michael Halflants, Vice Chair Daniel Deleo, Shane LaMay, Terrill Members Present: Salem, Daniel Clermont City Staff Present: Mike Connolly, City Attorney Alison Christie, AICP, General Manager, Development Services Noah Fossick, AICP, Development Review Chief Planner, Development Services Alyssa Thomas, P.E., Assistant City Engineer, Engineering, Wesley Stuckey, P.E., Engineering Technician III, Engineering Steve Cover, AICP, Director, Planning Department Briana Dobbs, AICP, CNU-A, Chief Planner, Planning Department Ciera Coleman, Public Art Administrator, Planning Department Miles Larsen, Manager, Public Broadcasting John Nopper, Coordinator, Public Broadcasting Amanda Cisneros, Development Review Coordinator, Development Services I. CALL MEETING TO ORDER AND ROLL CALL 1:30:37 p.m. Chair Halflants called the meeting to order. General Manager Christie (acting as the Planning Board's Secretary) called the roll. II. PLEDGE OF ALLEGIANCE III. CHANGES TO THE ORDER OF' THE DAY Alison Christie, Secretary to the Board, made a recommendation to change the order of the day. The Planning Board Members agreed. City Attorney clarified the changes made. IV. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE TO THE PUBLIC: At this time anyone wishing to speak at the following public hearings will be required to take an oath. (Time limitations will be established by the Planning Board.) City Attorney Connolly gave the Oath and discussed time limits. Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 2 of 10 A. Reading of the Pledge of Conduct Chair Halflants read the Pledge of Conduct. B. Quasi-Judicial 1. Bayside North, 1250 10th Street: Planning Board Adjustment Application No. 24-ADP- 06 request for Planning Board Adjustment approval regarding subject property with a street address of 1250 10th Street, for the project known as Bayside North. The Applicant is seeking an adjustment to the required maximum 10-foot front yard setback along primary streets in the Downtown Edge (DTE) Zone District due to an existing City Utility Easement that runs along 10th street. (Noah Fossick, AICP, Development Review Chief Planner, Development Services) Applicant Presentation: Joel Freedman presented on behalf of contract purchaser for the subject property. Mr. Freedman provided a brief description of the proposed request. Mr. Freedman provided ai map to point out the location of the property and provided reasons for the request. Mr. Freedman discussed the number of units, commercial space and landscaping. PB Member Lamay posed a question regarding a future phase for the west side of the building. Mr. Freedman spoke to the question. Chair Halflants posed a question regarding open space. Mr. Freedman spoke to the question. Staff Presentation: Noah Fossick, AICP, Development Review Chief Planner, presented and provided a description of the proposed request. Mr. Fossick discussed the number of units, attainable units, zone district, location and noted that staff recommends approval. PB Member Salem posed a question regarding the utility easement, the reason for the request, and the process. Mr. Fossick spoke to the question. Chair Halflants closed the hearing. Vice Chair Deleo made a motion to approve 24-ADP-06 as outlined in the staff report. PB Member Salem seconded the motion. Motion Passed 5-0. Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 3 of 10 2. Star Lab School, 2300 Central Avenue: Site Plan Application No. 24-SP-08 and Minor Conditional Use Application No. 24-MCU-02 request for Site Plan and Minor Conditional Use approval to operate a private school from the existing 3,450 square- foot community building of the Janie's Garden Community. The school will have up to twenty students between kindergarten and 5th grade and will operate Monday through Friday, between 7:30 a.m. and 5:30 p.m. After-school care is anticipated, and occasional weekend special events may take place for residents of the community. The 4.655-acre parcel is located within the Residential Multiple Family 5 (RMF-5) Zone District within the Housing Authority Overlay District (HAOD) and has a Future Land Use Classification of Multiple Family (Medium Density). Vehicular access is existing from 22nd Street. (Noah Fossick, AICP, Development Review Chief Planner, Development Services) PB Member Salem disclosed ex-parte communications. Applicant Presentation: Joel Freedman and Alison Rini presented. Ms. Rini provided a description of the proposed request. Mr. Freedman explained the reasons for Minor Conditional Use, pointed out the location, and discussed parking. Vice Chair Deleo spoke to the proposed request and posed questions. Ms. Rini spoke to the questions. Staff Presentation: Noah Fossick, AICP, Development Review Chief Planner, Development Services, presented and provided a brief description of the proposed request. Mr. Fossick discussed the location, zone district, Future Land Use Classification, parking, and noted that staff recommends approval. Chair Halflants spoke to the proposed request and discussed the process for a Minor Conditional Use. Vice Chair Deleo made a motion to approve 24-SP-08 and 24-MCU-02 with the outlined conditions as written. PB Member Salem seconded the motion. Motion passed 5-0. 3. 1260 North Palm Residences, Appeal Application No. 25-APP-01 Bay Plaza Owners Association filed application 25-APP-01 seeking to appeal the Administrative Approval of applications 24-ASP-07 and 24-ADS-04 regarding the subject property with street addresses of 1260, 1262, 1264, 1266, 1268, 1270, 1272, and 1274 North Palm Avenue. Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 4 of 10 Pursuant to Section IV-1901, Zoning Code, prior to conducting a hearing on this appeal, the Planning Board must determine whether Bay Plaza Owners Association is an Aggrieved Person" as defined in the Zoning Code. The Planning Board will receive evidence as to whether Bay Plaza Owners Association will suffer to a greater degree than the General Public an adverse effect to a legally recognized interest protected or furthered by the Land Development Regulations or the Comprehensive Plan and thereafter determine whether Bay Plaza Owners Association is an aggrieved person. (Noah Fossick, AICP, Development Review Chief Planner, Development Services) City Attorney Connolly explained the process of the appeal and referenced the Zoning Code definition of an aggrieved person. Mr. Connolly discussed time limits for the appellant and applicant, explained that the Site Plan cannot be questioned, and noted this is not a public hearing. Appellant Presentation: Morgan Bentley and Cori Coser presented on behalf of Bay Plaza. Mr. Bentley pointed out the location of Bay Plaza and the proposed project. Mr. Bentley provided reasons as to why Bay Plaza is an aggrieved party, provided approved plans, discussed trees and made note that Bay Plaza is an aggrieved party. Applicant Presentation: Robert Lincoln and George Scarfe presented on behalf of 1260 N. Palm Residences. Mr. Lincoln presented with a PowerPoint and discussed the definition of an aggrieved party and the differences between an affected person and an aggrieved party. Mr. Lincoln provided reasons as to why the Bay Plaza is not an aggrieved party. Chair Halflants posed a question about the process for questioning each party. City Attorney Connolly spoke to the question. Vice Chair Deleo posed questions about a memorandum provided by Mr. Lincoln. Mr. Lincoln spoke to the questions and discussed legally recognized interests. Vice Chair Deleo posed a question about refuse. Mr. Lincoln spoke to the question. Vice Chair Deleo spoke to the appeal and discussed definitions of Land Development regulations and posed a question about height. Mr. Lincoln discussed the City regulations and the development approval. Mr. Scarfe discussed additional requirements for height and compared an adjacent property. PB Member Clermont spoke to the approved Site Plan and posed a question about the interstitial space. Mr. Lincoln spoke to the question noting that interstitial space is not regulated. PB Member Clermont stated disclosed ex-parte communications. Mr. Scarfe explained what the interstitial space will be used for. PB Member Clermont spoke to the interstitial space and height. Discussion ensued. PB Member Clermont posed a question Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 5 of 10 about parking. Mr. Scarfe spoke to the question. PB Member Clermont posed a question staff interpretation of the Zoning Code. City Attorney Connolly spoke to the question. Mr. Lincoln discussed the Zoning Code, Administrative Approval and property rights. PB Member Lamay posed a question about a legally protected interest. Mr. Lincoln spoke to the question. PB Member Lamay spoke to the approved Site Plan and posed a question about compatibility. Mr. Lincoln spoke to the question. Mr. Scarfe clarified that a variance is not being requested and explained that the adjustments requested are administrative. PB Member Lamay discussed the Site Plan. Mr. Lincoln explained why the appellant is not an aggrieved party. Discussion ensued. Chair Halflants spoke to the appeal and the approved Site Plan. Mr. Lincoln provided examples of an aggrieved party. Chair Halflants posed a question about the impact of property values. Mr. Lincoln spoke to the question. Discussion ensued. PB Member Clermont posed a question about increasing the height of a building and views. Mr. Lincoln spoke to the question. Appellant Rebuttal: Morgan Bentley discussed the definition of an aggrieved person and the impact of the development to Bay Plaza. Mr. Bentley provided examples of separate cases, and the impacts made. Mr. Bentley discussed property rights, garbage collection, code and land development regulation and trees. PB Member Lamay posed a question about trees on the Bay Plaza property. Mr. Bentley spoke to the question. PB Member Lamay posed questions about impact, and reasons for the aggrieved status. Mr. Bentley provided an explanation. PB Member Clermont spoke to the project and posed questions regarding differences between the approved Site Plan and previous approved applications. Mr. Bentley provided an explanation and examples. PB Member Clermont posed a question about physical affectation on the abutting property. Mr. Bentley spoke to the question. Chair Halflants posed questions regarding proximity and definitions. Mr. Bentley spoke to the question. PB Member Salem posed a question regarding rights for trees and mitigation. Mr. Connolly spoke to the question noting that trees are regulated in the Zoning Code. PB Member Salem posed a question aboutinterstitial. space. Alison Christie, Secretary to the Board spoke to the question noting that interstitial space is now regulated in the Zoning Code and will be enforced moving forward after 2026. Ms. Christie explained that per Senate Bill 250 interstitial cannot be enforced until then. Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 6 of 10 Chair Halflants posed a question regarding the appellant being an aggrieved party. Mr. Connolly provided an explanation. The PB Members held a discussion regarding the appeal, the intent of the Zoning Code and the definition of an aggrieved party. Vice Chair Deleo made a motion to find Bay Plaza is an aggrieved party. PB Member Lamay seconded the motion. Motion passed 3-2 with Chair Halflants and PB Member Salem dissenting. City Attorney Connolly noted that a future meeting will need to be scheduled for the appeal hearing. The Planning Board took a 20-minute break. Ms. Christie provided dates and options for a future meeting to hear the appeal. The PB members chose to hear the appeal on the Regular February 12, 2025 meeting. 4. Hyatt Redevelopment, 1000 Blvd of the Arts: Planning Board Adjustment Application No. 25-ADP-04 request for Planning Board Adjustment approval regarding subject property with a street address of 1000 Boulevard of the Arts, for the project known as Hyatt Redevelopment. The Applicant is seeking an adjustment to allow the relocation of the existing primary vehicle access location on Boulevard of the Arts by moving the access eastward in order to align with the proposed parking entrance. (Noah Fossick, AICP, Development Review Chief Planner, Development Services) City Attorney Connolly callled on affected persons and gave the Oath. Applicant Presentation: Travis Fledderman presented along with Hermann Gonzalez, Brenda Patten, and John Harper. Mr. Fledderman provided a PowerPoint and discussed the location of the proposed request, reasons for the adjustment and gave a brief description of the pending AdministrativeSite Plan. Mr. Fledderman noted that a voluntary Community Workshop was held, discussed concerns raised by attendees, and provided an explanation. Mr. Fledderman pointed out current and proposed access points, the existing alley, and proposed conditions. Mr. Fledderman discussed the approval criteria and provided a response to the criteria. Brenda Patten explained the reason for the Administrative Adjustment, and clarified that the proposed request is to relocate the main access point. Staff Presentation: Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page! 7 of 10 Noah Fossick, Development Review Chief Planner, Wesley Stuckey, Engineering Technician III, Alyssa Thomas, Assistant City Engineer and Dr. Jason Collins, Traffic Consultant with ADEAS-Q presented. Mr. Fossick discussed the proposed request. Mr. Fossick briefly described the Administrative Site Plan and noted that Staff recommends approval with the condition that a UTurn shall be constructed. PB Member Clermont spoke to the proposed request. PB Member Clermont posed a question regarding traffic impact. Ms. Thomas discussed the proposed traffic route and pointed out the access points. Dr. Collins explained the reason for the U Turn. PB Member Salem posed questions about the UTurn and traffic. Dr. Collins spoke to the questions. PB Member Lamay discussed Street Vacations and posed questions about traffic and the proposed access point. Ms. Christie clarified that access points will not be closed off. Mr. Fossick discussed the UTurn and traffic. Ms. Thomas discussed the traffic flow with the U Turn. PB Member Clermont posed a question about traffic and crosswalks. Dr. Collins spoke to the question. Chair Halflants spoke to the proposed request. Mr. Fossick spoke to the application and noted a full Site Plan is not required. Vice Chair Deleo spoke to the proposed request. Chair Halflants posed a question about reviewing a Site Plan. PB Member Salem posed a question about traffic models and accommodation requirements. Ms. Thomas spoke to the question. Chair Halflants posed a question about the curb cuts. Mr. Fossick spoke to the question. Affected Persons: City Attorney Connolly called on affected persons. Patrick Gannon spoke to the proposed request. Bill Diehl spoke to the proposed request. Robert Lincoln representing Beau Ciel Condominium spoke to the proposed request. Tyler Stall representing Quay 1 and 9 LLC spoke to the proposed request. Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 8 of 10 PB Member Salem posed a question about the documentation provided for the application. City Attorney Connolly spoke to the question. Ms. Christie clarified that a Site Plan is not required for a Planning Board Adjustment. PB Member Clermont posed a question regarding the alleyway adjacent to the Quay Commons. City Attorney Connolly spoke to the question. Chair Halflants posed a question about additional adjustments and the review process. Ms. Christie spoke to the question. Staff Rebuttal: Noah Fossick presented and discussed the review process for the pending Administrative Site Plan. Ms. Thomas provided the truck flow sheet and discussed the traffic flow. Wesley Stuckey discussed the Oak Trees and the Complete Street Projects. PB. Member Clermont posed a question regarding adjacent buildings. Mr. Fossick spoke to the question. PB Member Lamay posed a question about the width of the road and the Right of Way. Ms. Thomas spoke to the question. Applicant Rebuttal: Brenda Patten discussed the Code and the adjustment application process. Ms. Patten discussed the Site Plan and explained the reasons for the proposed request prior to Site Plan approval. Ms. Patten discussed the public easement access and discussed the reduction of access points. Ms. Patten addressed the Site Plan, explained the UTurn and the access point. Hermann Gonzalez provided a brief description of the Site Plan, traffic flow, and the access point. PB Member Lamay spoke to the proposed request. Mr. Fledderman discussed the traffic flow and entry. Chair Halflants posed a question regarding curb cut location. Mr. Fledderman and Dr. Collins spoke to the question. PB Clermont spoke to the proposed request. Dr. Collins explained the reasons for the U Turn. Ms. Patten spoke to the discussion of the proposed request. Mr. Fledderman discussed the driveway requirements, trash location, loading zone, and explained the use for each access point. Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 9 of 10 Chair Halflants posed a question regarding the driveway location. Mr. Fledderman spoke to the question. PB Member Lamy posed a question regarding waste collection. Ms. Patten spoke to the question. PB Member Lamay made a motion to approve 24-ADP-06 along with the conditions outlined in the Staff Report. PB Member Salem seconded the motion. PB Member Clermont spoke to the proposed request. Motion passed 4-1 with PB Member Clermont dissenting. 1. Zoning Text Amendment Application No. 24-ZTA-07 request for Zoning Text Amendment. Approval to allow additional developer options to provide Public Art, define the role of the Planning Director, and clarify the Public Art approval process, exceptions, and additions. The ZTA also proposes to allow the Public Art fund to support the advancement of the program, and all actions associated with operations and stewardship of the Public Art Collection. The suggested changes reflect the adopted 2030 Public Art Plan and associated program. (Briana Dobbs, AICP, CNU-A, Chief Planner, Planning Department) Staff Presentation: Steve Cover, Director of Planning, Briana Dobbs, Chief Planner, Planning Department, and Ciera Coleman, Public Art Administrator presented. Mr. Cover provided a brief description of the proposed request. Ms. Dobbs discussed the changes being made to the proposed request. Ms. Dobbs explained the requirements and options for Public Art Contribution and reasons for the changes. Ms. Dobbs also provided a brief timeline of the review process and noted that Staff Recommends approval. PB Member Lamay posed a question regarding the Public Art Plan and the Zoning Text Amendment. Ms. Coleman spoke to the question. PB Member Clermont spoke to the proposed request. Vice Chair Deleo posed a question regarding Sarasota County and City of Sarasota exemptions. Ms. Dobbs spoke to the question. Chair Halflants spoke to the proposed request. Vice Chair Deleo made a motion to recommend approval of 24-ZTA-07 to City Commission. Minutes of the Regular Planning Board Meeting December 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 10 of 10 PB Member Clermont seconded the motion. Motion passed 5-0. V. CITIZEN's INPUT NOTICE TOTHE PUBLIC: At this time Citizens may address the Planning Board on topics of concern. Items which havel been previously discussed at Public Hearings may: not be addressed at this time. (A maximum 5- minute time limit.) There was no citizen' S input. VI. APPROVAL OF MINUTES 1. November 13, 2024 Minutes approved by consensus. VII. PRESENTATION OF TOPICS BY STAFF City Attorney Connolly discussed voting on a new chair. Chair Halflants made a motion to appoint Dan Deleo as Chair. PB Member Lamay seconded the motion. Motion passed 4-1. PB Member Clermont made a motion to appoint PB Member Lamay as Vice Chair. Motion passed by consensus. VIII. PRESENTATION OF TOPICS BY PLANNING BOARD Items presented are informational only (no action taken). Any issue presented that may: require future action will be placed on the next available agenda for discussion. IX. ADJOURNMENT Meeting adjourned at 6:03 p.m. K Qam Ohti Alison Christie Shane-Lamay, Vice Chair General Manager and Secretary to the Board Planning Board/Local Planning Agency