MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 16, 1999, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:05 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: RECOGNITION OF BOBBY JONES GOLF COURSE FOR BEING SELECTED AS FIRST PLACE IN THE 1999 SARASOTA HERALD - TRIBUNE 'S "READERS' CHOICE AWARDS " FOR THE BEST PUBLIC SEMI -1 PRIVATE GOLF COURSE IN THE GREATER SARASOTA COMMUNITY #1 (0070) through (0083) Mayor Cardamone stated that the Bobby Jones Golf Complex (BJGC) has been selected as First Place in the 1999 Sarasota Herald- Tribune's "Readers' Choice Awards" for the Best Public/Semi- Private Golf Course in the Greater Sarasota Community; and requested that Raymond Grady, Manager of the BJGC, come forward. City Manager Sollenberger stated that upon first assuming the position of City Manager over twelve years ago, the greatest problem in the City was the BJGC; that Mr. Grady brought about the turnaround in the operations of BJGC. Mayor Cardamone stated that recognizing the award presented by the Sarasota Herald-Tribune is a pleasure; that being selected as the First Place recipient is an honor; that congratulations are extended to the BJGC Staff; and presented Mr. Grady with the Sarasota Herald-Tribune plaque. 2. PRESENTATION RE: RECOGNITION OF AWARD TO BOBBY JONES GOLF COURSE FOR BEING NAMED ONE OF THE 100 MOST WOMEN- - FRIENDLY COURSES IN NORTH AMERICA BY GOLF FOR WOMEN MAGAZINE #1 (0084) through (0244) Mayor Cardamone stated that the Bobby Jones Golf Complex (BJGC) has been named one of the 100 most women-friendly courses in BOOK 46 Page 18564 08/16/99 6:00 P.M. BOOK 46 Page 18565 08/16/99 6:00 P.M. North America for 1999 by Golf for Women Magazine; and requested that Raymond Grady, Manager of the BJGC, come forward. Mayor Cardamone stated that Golf for Women Magazine recognizes the top golf courses in the United States played and enjoyed by women and presented Mr. Grady with a plaque from Golf for Women Magazine. Mr. Grady stated that the success of the BJGC is due to the Staff and recognized the following Staff members present in the audience: Carole Favreau, Assistant Manager, Pat Frazier, Administrative Assistant, Pat Wilson, Operations Specialist, and Robert Frazier, Starter. Mayor Cardamone stated that an opportunity was recently presented for a personal tour of the BJGC; that the golf carts are now equipped with a new automated system, which provides weather information, information concerning the particular hole being played, etc. Mr. Grady stated that the automated system is the first in southwest Florida; that approximately 160,000 rounds of golf are played at the BJGC annually compared to an average for municipal golf courses of approximately 100,000. Mayor Cardamone stated that City residents are very appreciative of the efforts of BJGC Staff. 3. PRESENTATION RE: RECOGNITION BY SISTER CITIES INTERNATIONAL OF THE SARASOTA SISTER CITIES ASSOCIATION AS THE RECIPIENT OF THE 1999 "BEST YOUTH PROGRAM AWARD" FOR ITS OUTSTANDING SISTER CITIES PROGRAM WITH SANTO DOMINGO, DOMINICAN REPUBLIC; HAMILTON, CANADA; PERPIGNAN, FRANCE; VLADIMIR, RUSSIA; AND TEL MOND, ISRAEL #1 (0245) through (0374) Mayor Cardamone stated that the Sarasota Sister Cities Association (SSCA) is the recipient of the 1999 "Best Youth Program Award" from the Sister Cities International (SCI) for its outstanding Sister Cities program with Santo Domingo, Dominican Republic; Hamilton, Canada; Perpignan, France; Vladimir, Russia; and Tel Mond, Israel; that the award is for the best youth Sister Cities program in the United States; and requested that Hope Byrnes, SSCA President, come forward. Ms. Byrnes stated that the award was presented to SSCA at SCI's 43rd Annual Conference in Little Rock, Arkansas, in July 1999; that Sarasota was selected from over 2,000 cities in the United States for the best youth program for a city with a population of under 100,000; that in the summer of 1998, 21 students from Sarasota and the five Sister Cities gathered at Sarasota High School for a course which culminated in making a video concerning a view of Sarasota from a teen's perspective; that the students were well received in the community by the Young Men's Christian Association (YMCA), WWSB-TV Channel 40, the Pelican Man's Bird Sanctuary, the Ringling Museum, the Ringling School of Art and Design, and many other organizations including the Marina Jack Restaurant which hosted a luncheon for the students; that the students received credit in broadcasting for the course; that the summer 1998 program was very exciting and brought together the entire community; that Hamilton, Canada, and other cities are interested in conducting similar programs; that during the SCI Annual Conference, many cities from around the world inquired about the success of Sarasota's Sister Cities program; that more exciting projects are planned; that WWSB-TV Channel 40 and a television station in Hamilton, Canada, are planning to exchange news anchors in November 1999 for a short period, which will help citizens of each city have a better understanding of each other; and presented Mayor Cardamone with a plaque presented by SCI for the Best Youth Program for 1999. Mayor Cardamone expressed appreciation for the plaque; and stated that the plaque will be exhibited in the City's Sister Cities' display case outside the Chambers. 4. ADOPTION RE: MEMORIAL RESOLUTION NO. 99R-1209, RECOGNIZING THE PASSING OF ROY CURT SMITH, WHOSE UNIQUE CONTRIBUTIONS TO THE COMMUNITY ARE GREATLY APPRECIATED - ADOPTED #1 (0375) through (0525) Mayor Cardamone stated that Memorial Resolution No. 99R-1209 recognizes the passing of Roy Curt Smith, a friend of the City, whose contributions to the community will be remembered. Mayor Cardamone read Memorial Resolution No. 99R-1209 in its entirety. On the motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to adopt Memorial Resolution No. 99R-1209. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. The following family members came forward and were presented with a copy of the memorial resolution appropriately framed on a plaque: Barbara Smith, wife, Roy Smith, Jr., son, Betsy Kelley, friend, Jencie Davis, friend, and Glenda Mock, friend. BOOK 46 Page 18566 08/16/99 6:00 P.M. BOOK 46 Page 18567 08/16/99 6:00 P.M. Mayor Cardamone stated that Mr. Smith had a significant influence on the redevelopment of the Rosemary District; that his. contributions are appreciated and will be remembered. The City Commission recessed at 6:21 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 6:23 p.m. 5. APPROVAL RE: MINUTES OF THE STATUTORY SARASOTA CITY COMMISSION MEETING OF APRIL 16, 1999, THE REGULAR SARASOTA CITY COMMISSION MEETINGS OF JULY 19 AND AUGUST 2, 1999, AND THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 22, 1999 APPROVED; MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 6, 1999 = APPROVED AS REVISED (AGENDA ITEMS I-1, 2, 3, 4 AND 5) #1 (0560) through (0655) Mayor Cardamone asked if the Commission had any changes to the minutes. Commissioner Quillin stated the following changes should be made to the minutes of the July 6, 1999, Regular Commission meeting: Item 20: Change the location "Sixth Street" to "US 41" and the location "Sixth Street 1 to "First Street" to read as follows: that the TAD Zone District extends from Cocoanut Avenue to US 41 and from First Street to Fruitville Road. Item 29: Delete the phrase "that a library bus stop does not exist" Item 35: Add the word "allegedly" to the following phrase : .that discussions regarding the problem have been held with the Administration and other organizations but not with the organization allegedly causing the problems. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the minutes of the July 6, 1999, Regular Commission as revised. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the minutes of the Statutory Commission meeting of April 16, 1999, the Regular Commission meetings of July 19 and August 2, 1999, and the Special Commission meeting of July 22, 1999. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, AND 5 - APPROVED (AGENDA ITEM III-A) #1 (0655) through (0670) 1. Approval Re: Florida League of Cities voting delegate designation for the Florida League of Cities 73rd Annual Conference. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to Lease Agreement between the City of Sarasota and Gulfcoast Wonder and Imagination Zone, Inc. to grant extended lease term to provide a 20-year term measured from August 16, 1999. 3. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Spectrum Underground, Inc. Anna Maria, FL, (Bid #99-26H) for completion of the Bayfront Irrigation Extension Project. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between the City of Sarasota, on behalf of the Sarasota Bay National Estuary Program, and Sarasota County for one-third cost share of the Midnight Pass Feasibility Study not to exceed $75,000. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Loan Agreement between the City of Sarasota and the Community Redevelopment Agency for the purchase of 1.49 +- acre parcel of land on Palm Avenue between Cocoanut Avenue and Main Street. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4 and 5, inclusive. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 7. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 99R-1196)- ADOPTED; ITEM NO. 2 (RESOLUTION NO. 99R-1202) ADOPTED; ITEM NO.3 (RESOLUTION NO. 99R-1205) ADOPTEDI ITEM NO. 4 (RESOLUTION NO. 99R-1206) - ADOPTED; ITEM NO. 5 (RESOLUTION NO. 99R-1206) - ADOPTED; ITEM NO. 6 (ORDINANCE NO. 99R-4106) = ADOPTED: ITEM NO. 7 (ORDINANCE NO. 99-4154) = ADOPTED: ITEM NO. 8 (ORDINANCE NO. 99-4156) - ADOPTED (AGENDA ITEM III-B) #1 (0670) through (0865) BOOK 46 Page 18568 08/16/99 6:00 P.M. BOOK 46 Page 18569 08/16/99 6:00 P.M. 1. Adoption Re: Proposed Resolution No. 99R-1196, pertaining to the Billable Fee Schedule for the Zoning Code (1998), amending the Billable Fee Schedule to waive the fee for an application for a Certificate of Appropriateness; setting forth findings; providing for reading of this resolution by title only; and providing for an effective date. 2. Adoption Re: Proposed Resolution No. 99R-1202, appropriating $25,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the continuation of the Weed and Seed efforts in Sarasota and Manatee counties, etc. 3. Adoption Re: Proposed Resolution No. 99R-1205, appropriating $60,000 from the unreserved fund balance of the Sarasota Bay National Estuary Program to fund one-third the cost of the Midnight Pass Feasibility Study, etc. 4. Adoption Re: Proposed Resolution No. 99R-1206, appropriating $80,335 from the unappropriated fund balance of the General Fund to distribute the 1997-98 Civil Seizure Fine Revenue equally between the Nuisance Abatement Program and the Neighborhood Grant Program, etc. 5. Adoption Re: Proposed Resolution No. 99R-1207, appropriating $324,000 from the unappropriated fund balance of the General Fund to provide funds for the purchase of the Palm Avenue property for the proposed parking facility, etc. 6. Adoption Re: Second reading of proposed Ordinance No. 99-4106, amending Ordinance No. 97-4025 by substituting the alternative development plans submitted with Petition 98-DPR-J for the previously approved development plan submitted with Petition .97-DPR-13 pertaining to the construction of - a mixed use project known as Morrill Court; approving the alternative development plans submitted with Petition 98-DPR-J with conditions as more fully set forth herein; further amending Ordinance No. 97-4025 by increasing the maximum allowable commercial area in each "Live/Work" unit from 500 to 750 square feet and by reducing the minimum required residential area in two of the "Live/Work" units from 1,000 to 750 square feet; providing for conditions; repealing ordinances in conflict; providing for reading by title only; and providing for an effective date. 7. Adoption Re: Second reading of proposed Ordinance No. 99-4154, amending the Zoning Code (1998) as adopted by reference by Ordinance No. 99-4076; setting forth findings as to intent and purpose; amending Article VII, Regulations of General Applicability; Division 3, Transitional Buffers, Landscaping and Vegetation, to establish requirements for transitional buffer areas between abutting land uses and to set forth landscaping standards; amending Sec. VII-301, Purpose; Sec. VII-302, Applicability, Sec. VII-303, Buffer Requirements and Installation Standards; Table 300-1: Table of Impact Categories by Land Use Type; Table 300-2: Table of Buffer Type Requirements; Sec. VII-304, Parking Lot Landscaping i Sec. VII-305, Preservation Standards; Sec. VII-306, Maintenance Standards; Sec. VII-307, Landscaping Plan Requirements; Sec. VII-308, Plant Material and Installation Standards; inclusive of Exhibits "1" through "12" consisting of requirements for buffer types, berms, berm walls, fences, and applicable diagrams; : repealing ordinances in conflict; providing for the severability of the parts hereof; providing for reading by title only; and providing for an effective date. 8. Adoption Re: Second reading of proposed Ordinance No. 99-4156, providing for designation of the structure located at 1205 Cocoanut Avenue historically known as the Byrd and Katherine Kickliter House as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; providing for reading by title only; and providing for an effective date. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1196 and Ordinance Nos. 99-4106, 99-4154 and 99-4156 by title only and proposed Resolution Nos. 99R-1202, 99R-1205, 99R-1206 and 99R-1207 in their entirety. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 2, Item Nos. . 1 through 8, inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes; Cardamone, yes. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the BOOK 46 Page 18570 08/16/99 6:00 P.M. BOOK 46 Page 18571 08/16/99 6:00 P.M. discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross examination. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4159, TO CONDITIONALLY VACATE THAT CERTAIN APPROXIMATELY 20 FOOT WIDE ALLEY THAT RUNS APPROXIMATELY 100 FEET IN LENGTH FROM NORTH TO SOUTH FROM FIRST STREET CONNECTING TO THAT CERTAIN 20 FOOT WIDE ALLEY THAT RUNS EAST TO WEST THROUGH THE CENTER OF BLOCK 8, PLAT OF SARASOTA AS WELL AS TO CONDITIONALLY VACATE THE NORTHERLY 10 FEET OF THAT CERTAIN 20-FOOT-WIDE ALLEY THAT RUNS EAST TO WEST LOCATED TO THE NORTH OF LOTS 8 AND 10, BLOCK 8, PLAT OF SARASOTA, PLUS THE ENTIRE 20 FOOT WIDTH OF SAID EAST TO WEST ALLEY WHERE IT ADJOINS THE EASTERLY 9.15 FEET OF LOT 6, BLOCK 8, PLAT OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 99-SV-04 APPLICANT JOEL FREEDMAN OF BISHOP & ASSOCIATES AS AGENT FOR WYNNTON SARASOTA II) PASSED ON FIRST READING (AGENDA ITEM IV-A-1) AND QUASI-JUDICIAL PUBLIC HEARING RE: THE APPLICANT, WYNNTON GROUP, HAS FILED AN APPEAL OF THE DENIAL BY THE PLANNING BOARD OF SITE PLAN APPLICATION 99-SP-F PURSUANT TO SECTION IV-505, A, ZONING CODE (1998); THE PLANNING BOARD AT THEIR MEETING ON JULY 14, 1999 VOTED TO DENY SITE PLAN APPLICATION 99-SP-F FROM WHICH THIS APPEAL WAS FILED; SITE PLAN APPLICATION 99-SP-F REQUESTED APPROVAL OF A SITE PLAN FOR MULTI-STORY OFFICE AND RETAIL BUILDING TO INCLUDE A MULTI -LEVEL PARKING GARAGE AND GROUND LEVEL DRIVE-THROUGH BANK FACILITY TO BE KNOWN AS FIVE POINTS TOWER ON PROPERTY LOCATED IN THE C-CBD ZONE DISTRICT SAID PROPERTY BEING BOUNDED ON THE NORTH BY FIRST STREET, ON THE SOUTH BY MAIN STREET AND ON THE WEST BY CENTRAL AVENUE, A/K/A 1401 MAIN STREET; ETC. (TITLE ONLY) (APPLICATION NO. 99-SP-F, APPLICANT JOEL FREEDMAN OF BISHOP & ASSOCIATES AS AGENT FOR WYNNTON SARASOTA II) REVERSED ACTION BY THE PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP) TO DENY AND APPROVED SITE PLAN APPLICATION NO. 99-SP-F SUBJECT TO ADOPTION OF PROPOSED ORDINANCE NO. 99-4159 AND PROPOSED RESOLUTION NO. 99R-1201 (AGENDA ITEM IV-B-1) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 99R-1201, APPROVING MAJOR CONDITIONAL USE APPLICATION 99- CU-09 AND SITE PLAN APPLICATION 99-SP-F TO ALLOW A DRIVE- - THROUGH BANK FACILITY AS AN ACCESSORY USE TO A BANK IN A PROPOSED OFFICE BUILDING TO BE KNOWN AS FIVE POINTS TOWER IN THE COMMERCIAL, CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT; SAID MAJOR CONDITIONAL USE IS LOCATED ON A PARCEL OF PROPERTY BOUNDED ON THE NORTH BY FIRST STREET, ON THE SOUTH BY MAIN STREET, AND ON THE WEST BY CENTRAL AVENUE, WITH A STREET ADDRESS OF 1401 MAIN STREET; ETC. (TITLE ONLY) (APPLICATION NO. 99-CU-09, APPLICANT JOEL FREEDMAN OF BISHOP & ASSOCIATES AS AGENT FOR WYNNTON SARASOTA II PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #1 (0853) through #3 (2327) Mayor Cardamone requested that the City Attorney introduce the Applications. City Attorney Taylor stated that the Applications concern the project known as the Five Points Tower; that proposed Ordinance No. 99-4159 is a request to approve Street Vacation Application No. 99-SV-04; that an appeal of the denial by the Planning Board/ Local Planning Agency (PBLP) of Site Plan Application No. 99-SP-F was requested by the Wynnton Sarasota II Limited Partnership (the Wynnton Group) i that proposed Resolution No. 99R-1201 is to approve Major Conditional Use Application No. 99-CU-09 with accompanying Site Plan Application No. 99-SP-F; that the Applicants are: Robert Schiffman, President, and Kenneth Klebanoff, Senior Vice President, Wynnton Sarasota II Limited Partnership (the Wynnton Group), Joel Freedman, AICP, Bishop & Associates, agent for the Applicants, with John Harshman, President of Harshman & Company, Inc., as broker. City Attorney Taylor continued that the Site Plan Appeal and the Major Conditional Use are quasi-judicial matters; that the Street Vacation is a non quasi-judicial matter; however, the three issues are interrelated and may be considered as a whole; that the BOOK 46 Page 18572 08/16/99 6:00 P.M. BOOK 46 Page 18573 08/16/99 6:00 P.M. recommendation for speaker time limits is 30 minutes for the Applicant's presentation and 15 minutes for rebuttal; that the City will have 20 minutes for presentation and 10 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 5 minutes to speak and 3 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to close proximity to or other special interest in the subject property; that other interested persons will have 3 minutes to speak; that the following person has applied for and complied with the rules for obtaining Affected Person status: John Hanna, as Trustee of 1435-1437 Main Street, represented by Harlan Domber, Esquire. Mayor Cardamone stated that the consensus of the Commission is to approve the recommendations for speaker time limits and certification of the individual applying for status as an Affected Person. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Mason stated that a conversation took place with Messrs. Schiffman, Klebanoff and Harshman regarding the applications and traffic concerns pertaining to the drive-through bank; that design displays were presented to clarify concerns; that individual, general conversations pertaining to the project took place on separate occasions with Gordon Russell, Reporter, Sarasota Herald-Tribune, Paul Thorpe, Executive Director, Downtown Association of Sarasota, Inc. (Downtown Association), Bruce Balk, Architect and member of the local chapter of the American Institute of Architects (AIA), and Cathy Layton, concerned citizen. Vice Mayor Pillot stated that on July 30, 1999, at 9:00 a.m. at the First Watch Restaurant, a discussion took place Messrs. Schiffman and Harshman at which time a drawing of the proposed Site Plan was displayed detailing the reconfiguration of the north/south and east/west alleys and the proposed drive-through bank's windows, entrances and exits; that questions were clarified. Commissioner Hogle stated that on June 8, 1999, a discussion with Marvin Mills, Architect, took place for approximately one hour; that the discussion was general and included the building size, location, drive-through bank, height of occupied space, scale, parking and related issues; that the July 7, 1999, PBLP meeting was personally attended; that on July 14, 1999, a discussion took place with Mr. Balk regarding the proposed drive-through bank and loss of parking spaces on First Street; that on July 20, 1999, the office of Mr. Harshman was personally visited to view the model and drawings of the proposed building; that on July 29, 1999, a meeting took place with Messrs. Schiffman and Harshman at City Hall to determine questions or required additional information concerning the project; that questions were raised concerning the operational procedures of the drive-through bank; that on August 12, 1999, a discussion took place with Mr. Thorpe relating to the impact the proposed building and drive-through bank will have on downtown parking spaces; that letters have been received from concerned parties and will be forwarded to the City Auditor and Clerk after responses have been drafted. Commissioner Quillin stated that no ex parte communications took place; however, a number of written communications have been received, i.e., eleven personal letters were received and copies of three letters to the Editor of the Sarasota Herald-Tribune and ten letters sent to Commissioners; that a discussion took place with Phil Dasher, City resident, regarding concerns for pedestrian and bicycle safety in the downtown area; that Mr. Dasher loaned copies of the traffic study for the Selby Public Library and the Five Points Tower project; that a conversation with Ernest Babb, City resident, took place regarding City codes in relation to the Five Points Tower project; that on August 10, 1999, a conversation took place with Mr. Balk pertaining to general traffic issues in the downtown area; that the north/south and the east/west alleys and the proposed building site were personally inspected. Mayor Cardamone stated that clarification of the Sunday, August 15, 1999, Sarasota Herald-Tribune's article pertaining to the Five. Points Tower project is necessary; that a general conversation with Mr. Russell was misquoted, misleading and incorrectly stated; that the article intimated a personal decision had been made regarding the project; that in fact, a personal decision regarding the building project was not disclosed; that the article misled the public. Mayor Cardamone continued that on July 6, 1999, a general conversation with Mr. Balk took place regarding the building design; that the July 7, 1999, PBLP meeting was attended; that on July 28, 1999, at the request of Messrs. Schiffman and Harshman, a meeting took place at City Hall to discuss the concerns raised at the July 7, 1999, PBLP meeting; that solutions to the concerns were discussed; that on August 2, 1999, a discussion with Mr. Thorpe took place regarding the Downtown Association's position on the project; that on August 3, 1999, a meeting with William Couch, Acting President of the Greater Sarasota Chamber of Commerce, took place; that on August 3, 1999, a presentation by Michael Collins, President, Nations Bank, promoting the project was attended; that on August 4 and 9, 1999, a meeting was held with Mr. Thorpe to determine questions and the Downtown Association's position on the project; that on August 5, 1999, a telephone conversation occurred with Ted Boguz, concerned citizen, and Hank Goldsby, Vice President, Regions Bank, who indicated support for the project; that Mr. Goldsby stated BOOK 46 Page 18574 08/16/99 6:00 P.M. BOOK 46 Page 18575 08/16/99 6:00 P.M. economic development must move forward; that a meeting at Hall with Steve Kunk, concerned citizen, took place to discuss City concerns regarding the project; that a conversation took place with Jim Bos, concerned citizen, who indicated support for the project; that a general conversation with Ms. Layton also took place; that letters received indicating concerns and support along with newspaper articles will be forwarded to the City Auditor and Clerk. Vice Mayor Pillot stated that additional discussions are recalled; that a telephone call was received from Mr. Goldsby indicating support for the project; that a discussion with Lou Ann Palmer, PBLP member, took place to clarify questions regarding the north/south and east/west alleys; that correspondence has been received regarding the project; and requested clarification of ex parte communications. City Attorney Taylor stated that ex parte communications are conversations or receipt of information from interest parties, i.e., the Applicant, representatives of the Applicant, Affected Persons, groups with special interest in the project or expert witnesses; that conversations with the press or casual conversations are not considered ex parte communications. Mayor Cardamone stated that periodic review of the quasi-judicial procedure is helpful; that the Commissioners individually elect to participate in ex parte communications; that persons supporting the project were vocal; however, persons opposed to the project did not make their opposition known; that 33 people have signed up to speak; that speakers are encouraged to stay for the entire meeting. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Vice Mayor Pillot stated that 33 people have signed up to speak; that speakers are requested to present opinions in a concise manner to shorten the public hearing. Mayor Cardamone stated that the suggestion is supported. Messrs. Freedman and Harshman and David Kitchens, Associate Director, Cooper Carry & Associates, Architects, came before the Commission. Mr. Freedman stated that Messrs. Schiffman and Klebanoff are present in the audience to respond to questions if desired; and referred to a scale model of the building and a board display of drawings of the completed project to demonstrate the size and scale of the project. Mr. Freedman displayed on the overhead projector site plans and elevation drawings of the project throughout the presentation and stated that the planning process for the Five Points Tower project was initiated approximately nine months ago; that numerous meetings with Staff and citizens including neighborhood meetings have occurred; that the Applicant has made many changes to the original plans to respond to public concerns; that three issues must be resolved before the project can move forward: 1) Street Vacation Application No. 99-SV-04 involving an alley running north/south from First Street (north/south alley) connecting to an alley running east/west connecting to Lemon Avenue (east/west alley) to realign one portion of the north/south alley and utilize the air rights on the north side of the east/west alley, 2) Major Conditional Use Application No. 99-CU-09 to locate a Nations Bank drive-through bank facility in the building, and 3) an appeal of PBLP denial of Street Vacation Application No. 99-SV-04. Mr. Freedman stated that the first issue is the Street Vacation; that the proposed building site is known as the Five Points Tower location; that the former Southeast Bank building and Merlin's Restaurant were once located on the site; that the proposed project is a 14-story, 197,750-square-foot building occupying approximately 9.3 acres of land located in the Commercial, Central Business District (C-CBD) Zone District; that the site is divided by the north/south alley; that the ground level will have retail space, a drive-through bank and a central building lobby; that the proposed building will have a 15-foot colonnade, a main building with service entrance locations, a drive-through bank facility, retail space and a parking garage facility; that the parking garage will encompass the whole building from floors two through seven; that floors 8 through 14 will be office space; that the building entrance will be on Central Avenue; that the existing street curbing at the site will be removed and replaced by a new 35-foot-radius street curb which will accentuate the entrance to the building; that the removal of the existing street curb will impact angle parking and will eliminate two parking spaces on Central Avenue; that the entrance and exits of the drive-through bank and parking garage are an issue; that the Applicant has agreed to implement traffic safety recommendations suggested by the City's traffic consultant, i.e., installation of mirrors, signage, crosswalk markings, etc., relating to the entrances and exits of the drive-through bank and parking garage; that the sidewalk along the building will be a covered colonnade; that the Applicant has agreed to upgrade and enhance the public sidewalks along Main Street, Central Avenue and First Street; that the parking garage will have 602 parking spaces available; however, 35 of the spaces are slightly undersized due to the building's column structure; that 565 parking spaces are required meet the criteria of the Zoning Code (1998); that the total height of the building is 177 feet; that the height is calculated to the top floor and does not include the elevator or penthouse equipment area; that a height of 180 feet is allowed in the C-CBD BOOK 46 Page 18576 08/16/99 6:00 P.M. BOOK 46 Page 18577 08/16/99 6:00 P.M. Zone District; that the extra height allowed for the penthouse equipment area and the architectural features result in a total building height of 197 feet. Mr. Freedman referred to a transparency displayed on the overhead projector to demonstrate the locations of the north/south and east/west alleys and stated that the proposed alley relocation would move the north/south alley 20 feet + to the west; that the current alley easement is 4,340 square feet; that a new alley easement of 4,801 square feet will be provided the City; that the easement increase is attributable to an increase in the turning radius and extending the alley further westward; that more maneuverability for turning will be provided; that the Applicant is requesting that the east/west portion of the alley be vacated, the easements rededicated and the air rights retained, resulting in a 2.5-foot encroachment over the alley for the parking garage beginning 18 feet above the alley. Mr. Freedman stated that Section IV-1306, Zoning Code (1998), contains the standards for review of a street vacation application as follows: Section IV-1306 Standards for Review When considering an application for approval of a vacation, the DRC, the Planning Board and the City Commission shall consider: A. The benefit to the general public of the existing street, right-of-way easement or nonfee interest; B. The rearrangement of streets, right-of-way, easements or nonfee interests which will be required to secure a regular and harmonious system for traffic circulation if the vacation is granted; C. Whether the street, right-of-way, easement or nonfee interest has been improved, and the extent to which it is currently, or in the future, will be, utilized by the general public; D. Whether the vacation is proposed in conjunction with an application for development approval for adjacent property. Mr. Freedman stated that the north/south alley is important to service retail stores and the subject property; that significant utilities are located above ground and under the alley; that the Applicant would not be making the request if the alley could not be maintained in an equal or better condition; that the achievement of a harmonious system for traffic circulation is dependent upon obtaining a street vacation; that the Applicant is rededicating easements to ensure traffic circulation is not impacted; that a wider turning radius than currently exists will improve traffic circulation; that the Applicant will be repaving the alley wherever the alley abuts or bisects the property; that impacted stormwater and sewer lines will be replaced; that access to the public utility lines will be ensured by rededication of the easements; that the City's water lines servicing the stores abutting the alley will be replaced; that existing lines will be brought up to current code by the installation of backflow preventors; that current water service flows through a 1.5-inch galvanized pipe; that a Citywide program has been initiated to replace the existing water pipe; that utility services in the alley, i.e., cable, telephone, gas and electric will be maintained by the dedicated user, i.e., the Applicant; that realignment of the alleys is an integral part of the project. Mr. Freedman continued that all concerns have been addressed by the Applicant; that the public welfare will not be affected by the proposed alley modifications; that the public will benefit from the improved traffic circulation and utility upgrades; that Section IV-906, Zoning Code (1998), outlines the Major Conditional Use Standards for Review of Application No. 99-CU-09 including consistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, transportation and utility concurrency, etc.; that the Applicant is in compliance with the stipulated criteria; that drive-through bank facilities are consistent with the City's Comprehensive Plan and with the Central City Land Use Classification; that the downtown area has a number of drive-through banks; that the Southeast Bank building formerly located on the site had a drive-through bank. Mr. Freedman stated further that the City's traffic consultant made 13 traffic recommendations including reducing the number of drive-through aisles from five to three, moving the drive-through facility to the east, increasing the turning radius of the drive- through, adding crosswalks, mirrors and signage, etc.; that the configuration of the drive-through is very common in the downtown area; that implementation of the City's traffic consultant's recommendations will improve pedestrian safety. Mr. Freedman referred to a transparency of the Site Plan displayed on the overhead projector indicating the location of the refuse collection area and stated that Staff's concerns regarding the refuse collection area were addressed; that the final outcome is very efficient; that Staff's efforts are appreciated; that concerns regarding stormwater drainage were expressed at neighborhood and PBLP meetings; that historically, the alleys have experienced flooding problems; that the Applicant is prepared to install a 49,000 vault to attenuate the proposed site's water drainage. Mr. Kitchens stated that the Five Points Tower building has been designed as a Class A corporate headquarters building with a retail facility on the ground floor; that four points will be BOOK 46 Page 18578 08/16/99 6:00 P.M. BOOK 46 Page 18579 08/16/99 6:00 P.M. addressed: 1) the streetscape, colonnade, scale and pedestrian orientation, 2) the skin of the building, 3) the screening of the parking garage, and 4) the skyline of the building; that the ground-level façade is compatible with the existing scale and design of the shops on Main Street; that the City's Comprehensive Plan promotes the shading of walking and pedestrian areas and encourages new development to provide shade; that urban open space for the proposed site has been provided by the colonnade; that retail continues along the entire perimeter of the building; and referred to the site plan indicating the colonnade, the retail shops, lobby area and the elevators. Mr. Kitchens continued that the predominant height of retail buildings in the downtown area is approximately 25 to 35 feet; that the building is designed with a 25- to 35-foot base, articulated architecturally with concrete and with a one-story, 15-foot colonnade; that the building columns are at the property line; that the storefronts are set back 15 feet from the face of the building; that the construction of the Palmer Bank building previously occupying the site came to the property line allowing only a six-foot sidewalk between the face of the building and the street curbs; that in addition to setting the colonnade back 15 feet, the radius at Main Street and Central Avenue and at First Street and Central Avenue will be replaced with brick paving to enhance the connection to Five Points Park and to increase pedestrian safety; that building skins in the State traditionally have a highly reflective and monolithic building facade due to the high sun loads and the associated high energy costs; that such buildings often have a large, flat, and unarticulated façade; that the building will be used for parking and office space and could have become a large, flat façade; that an articulated, transparent-type building has been designed taking advantage of newer technology; that the office space on the upper floors will have transparent green glass; that the parking garage will be screened; that the top of the building is set back to reduce the scale; that roof features are incorporated to create an interesting skyline. Mr. Harshman stated that the Five Points Tower will be the first Class A office building constructed in downtown in approximately 15 years; that the demand for a building of this type is evident from the interest received from prospective tenants; that the downtown office space availability rate has been approximately 4 percent for the past four years; that 10 percent is considered low; that the current demand exceeds supply for downtown office space; that many companies prefer a downtown location for the proximity to the financial district, government offices, clients and homes; that the Five Points Tower will be a state-of-the-art building providing up-to-date features including updated data, power, communications, etc.; that public interest will be enhanced by the construction of the Five Points Tower; that the Five Points Tower will make many contributions in the public interest, i.e., the ad valorem tax generated will be thousands of dollars, the estimated transportation tax fees are $350,000, the average annual sales tax is estimated at $400,000, permit fees are estimated at $240,000, contributions to the public arts will be approximately $100,000 as well as indirect revenues generated from approximately 600 building occupants. Mr. Freedman stated that the Site Plan complies with all C-CBD Zone District criteria and with Action Strategy 3.5 of the City's Comprehensive Plan; that the street vacation request for the alley meets all the standards to ensure public interest is not negatively impacted; that the infrastructure will be improved at the Applicant's expensei that the drive-through bank is an appropriate use for the downtown forum; that the Applicant has agreed tQ implement recommendations of Staff and the City's traffic consultant to ensure public safety; that the Applicant has agreed to provide eight parking spaces for public access in the parking garage on a Firat-co/fint-served basis for three years or until additional public parking is provided by the City either on the street or in a parking garage facility whichever comes first; that another eight parking spaces will be available for lease to merchants to help alleviate the temporary loss of the street parking spaces; that the project will contribute key economic benefits to the community; that the support of the project from the community has been very favorable. Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the Applicant has given a detailed and accurate description of the three requests; that Staff's report provides an in-depth analysis of the various standards for review of the proposed Street Vacation, Major Conditional Use and Site Plan; that the drive- through bank or Major Conditional Use is included in the City's Comprehensive Plan review section of the report; that the City's Comprehensive Plan Action Strategy 3.5 stipulates the site plan is deemed consistent with the City's Comprehensive Plan if a site plan complies with the requirements of the Zoning Code (1998) for an implementing zone district; that the site plan meets the applicable requirements for the C-CBD Zone District. Ms. Murphy continued that the technical complexities associated with the project required a higher level of detailed explanation than is typically required; that Staff informed the Applicant throughout the review process of issues relevant to the mass and scale of the proposed building as well as protection of the public access to the realigned north/south alley and the internal and external circulation of the drive-through bank; that the Applicant made numerous revisions and supplied in-depth information to ensure all code requirements were met; that the BOOK 46 Page 18580 08/16/99 6:00 P.M. BOOK 46 Page 18581 08/16/99 6:00 P.M. Applicant responded to Staff's first request to provide three- dimensional renderings and models to enable Staff to sufficiently. analyze and condition other requests; that computer-graphic generations were provided of the north/south alley realignment to demonstrate turn radii, clearances and sufficient public access; that the Applicant redesigned the loading and unloading spaces providing enhanced functionality of the north/south alley to avoid the problem of vehicles backing out onto First Street. Ms. Murphy stated further that the Applicant reduced the number of lanes to the drive-through bank to ensure adequate stacking and traffic circulation; that the Applicant will provide additional signage and pedestrian markings as recommended by the traffic study to address Staff concerns relevant to potential conflicts between pedestrians and vehicles; that the number of driveways is not the most optimum; however, the grouping was anticipated to avoid access points along Main Street and Central Avenue; that Main Street and Central Avenue receive the majority of the surrounding pedestrian travel; that the model of the building provided by the Applicant enabled Staff to work with the Applicant to lighten the building color, add additional vertical elements, screen the instructure parking and enhance the street- level pedestrian arcade. Mayor Cardamone requested that the Affected Person come forward. Harlan Domber, Esquire, law office of Harlan Domber, P.A. representative for John Hanna, as trustee, 3900 Clark Road (34233), stated that the July 7, 1999, PBLP meeting was attended; that the street vacation of the alley is a non-quasi judicial matter and is solely a legislative matter; that the Commission has complete discretion concerning approval of the proposed development; that a concern is for the precedent set for the street vacation of the alley which allows for the developer to obtain air rights 2.5 feet above the alley; that the building will be 14 stories high; that above 18 feet, the building will extend 2.5 feet into the streetscape; that the building will include five stories of parking and eight stories of office space; that the rental of the extra space will generate approximately $260,000; that five levels of parking measuring 65 feet across and 2.5 feet deep at a rate of 56 square feet per parking space as required by the Zoning Code (1998) will generate 14.5 parking spaces; that the concern is if the City has provided for the public interest; that the precedent of allowing the street vacation and construction over the street providing the developer the opportunity to gather additional parking spaces seems questionable; that the height and mass would not be allowed if the building were built within the existing envelope of the property as the requirements of 565 parking spaces would not be met; that the quid pro quo for the vacation of the alley is questionable; that the Commission must consider the consequences of the street vacation of the alley; that the City has more at stake than simply the use of the property to the 18-foot level; that the City of Tampa, Florida, makes use of pedestrian walkways well above thé street level; that the City is sacrificing today the possible future development of downtown; that relinquishing the interest above the 18 feet means the City may have to repurchase the air rights in the future to pursue a strategy for the downtown; that no pressing need for the extension of the building into the alley exists; that approval may set a bad precedent; that other property owners may seek to capitalize on the decision for other developments in the future; that granting the easement is ignoring other City interests in the long term; that the developer could not build the proposed project without the extra 2.5-foot extension; that approval could cause consequences of paramount proportions. Mayor Cardamone asked the clients represented and the interest in the property? Attorney Domber stated that the clients are the owners of Main Street storefronts; that the stores abut the east/west alley across the street from the proposed development; that the Applicant is seeking to vacate the north half of the east/west alley; that the clients have the interest in the south half of the alley. Vice Mayor Pillot asked which storefront owners are opposing the proposed project? Attorney Domber referred to the Parcel/Address Map included in Staff's report which indicates the storefronts owned by a trust of which Northern Trust Bank and Dr. Hanna are co-trustees. Commissioner Pillot asked if the proprietors of the establishments are being represented? Attorney Domber stated that the building and landowner on the north side of Main Street are represented, not the proprietors. Commissioner Hogle asked the specific street address of the properties represented? Attorney Domber stated that the exact addresses are not recalled without consulting a map but are indicated on the Parcel/Address Map included with Staff's report. Commissioner Mason asked for claritication of the comment concerning future progress in the City. Attorney Domber stated that the City may be ignoring rights which may be desirable in the future based on developing technologies and development strategies for downtown by vacating the alley and BOOK 46 Page 18582 08/16/99 6:00 P.M. BOOK 46 Page 18583 08/16/99 6:00 P.M. accepting an easement in exchange; that the City has no compelling interest and should retain the rights for the future. Commissioner Quillin asked the length of time the Hanna Family has owned the property on the north side of Main Street, east of the proposed Five Points Tower site? Attorney Domber stated that he has represented the Hanna family for 14 years; however, the property has been owned for a longer period. Commissioner Quillin stated that the Hanna family has owned the property for a considerable number of years; that the street vacation is to the centerline of the alley which is 10 feet; and asked if the owner believes the marketability and rental of the property will be affected if the City vacates the alley? Attorney Domber stated that the concern is equal treatment for the future; that first in time should not equal first in right; that a street vacation is being requested for the north half of the alley; that use of 2.5 feet of air rights into the alley is being allowed; that the outcome of a future similar request for the south half of the alley is uncertain; that the Commission could claim being precluded from granting similar relief to the property owner on the south portion of the alley as the currently proposed development will already extend 2.5 feet into the alley. Commissioner Quillin asked if the concern is for future use or future development of the Hanna property? Attorney Domber stated yes. Mayor Cardamone asked for clarification concerning the alley easement. City Attorney Taylor stated that the City is actually not giving up anything; that the alley is not owned by the City; that the City has an easement allowing the City to use the alley for certain purposes such as vehicular traffic and utilities; that the property to the alley centerline is owned by the abutting property owners; that the Hanna trust owns to the centerline of the alley subject to the easement assuming the south abutting property is owned; that the north abutting property owner also owns to the other half of the alley to the centerline subject to the easement; that the City presently has no established policy concerning air rights, which could be addressed in the future if desired; that the City is being requested to give up any right in the future to use 2.5 feet of space on the north side of the alley to accommodate the proposed building's configuration; that a new development always has an impact on surrounding properties; that the City would not charge anyone for the vacating the easement as the City does not own the propertyi that the City could sell the land and be entitled to good and sufficient compensation if the alley were owned by the Cityi that the easement being given up is being replaced to the north; that the only loss to the public is the air rights. Mayor Cardamone stated that the use of the word "vacation" may be confusing; that the perception may be the City is vacating a City street or alley and giving the rights to a private developer, which is not correct; and asked if the agreement indicates the City has the opportunity to add another utility line if necessary? City Attorney Taylor stated that the documents pertaining to the transaction incorporate retaining the rights for the City and the power, cable television, gas and telephone companies. Commissioner Quillin asked if the City will be giving up air rights 18 feet above the alley? City Attorney Taylor stated yes; that the City preserves the ability to move equipment through the alleys; that fire, delivery and utility trucks will have access to the alley; that the minimum height will be preserved sO the public can use the alley even though the developer will have the air rights to the east/west alley. Mayor Cardamone requested that other interested persons come forward. Glenda Mock, Executive Director of the North Trail Association. 1701 North Tamiami Trail (34234), stated that the City is fortunate to have the Wynnton Group and Mr. Schiffman who has high morals and has shown sensitivity to the area and will continue to show consideration to neighbors and the Cityi that the building is majestic and complements the Selby Public Library; that tenants are waiting for the development of the building; that the economy is good; that the time is right for the proposed development; that the City will benefit greatly by the addition of the proposed development. Laura Mills, 4517 Ascot Circle (34235), stated that the ability to walk through the downtown area is appreciated; that the proposed Five Points Tower changes the quaintness of the downtown; that not all change is progress; that the massiveness of the proposed development changes the general appearance and has a negative impact on Five Points Park, which is a treasure to average people; that the proposed development overwhelms Five Points Park, the Selby Public Library, and the other surrounding buildings; that the City should have more green space and parks, which are extremely important and one reason many people visit the City; that Sarasota does not need the tall buildings or the pollution from increased traffic. BOOK 46 Page 18584 08/16/99 6:00 P.M. BOOK 46 Page 18585 08/16/99 6:00 P.M. Ian Black, 2 North Tamiami Trail (34236), representing One Sarasota Tower, Inc., stated that the owners of One Sarasota Tower, Inc., welcome the addition to the City and urge Commission support; that One Sarasota Tower, Inc., is currently 100 percent occupied and has a waiting list; that perspective tenants must be turned away; that the Commission has the opportunity to fully endorse the proposed development and usher in the new millennium. Karl Shrode, owner of Shrode Jewelers, 1800 Oak Lakes Drive (34232), stated that Shrode Jewelers has been in Sarasota since 1936; that the proposed development directly affects the store; that presently the store has difficulty with flooding and plumbing, which will be eliminated by the proposed development; that the proposed development will greatly improve both the alley and the City; that downtown has experienced spurts of growth and decline; that the Commission has worked hard to improve the downtown; however, merchants still suffer as quality merchants are not coming downtown; that the proposed development will be a great asset to the City; that presently Five Points Park is frequented by vagrants; that most people do not visit Five Points Park; that the proposed development will bring life to the west end of Main Street; that all the improvements to Bayfront Park are excellent; that the improvements to the Five Points area are long over due. Hank Maier, Vice President of Bayfront Condominium Association (BCA), 770 South Palm. Avenue (34236), stated that the by-laws indicate the purpose and objective of the Bayfront Condominium Association (BCA) is to preserve, protect and improve the residential integrity and property values of BCA's members and to promote City and County policies and plans which avoid and prevent harm from unacceptable noise, crime, traffic, pollution and other conditions adverse to the health, happiness, and peace of mind of the residents, owners and tenants; that BCA will work with the City to make Sarasota an increasingly better place to live and invest for the benefit of the residents, businesses, visitors and property owners; that the BCA is not a special interest group and does not gain anything personally or financially by the decision regarding the Five Points Tower project; that the BCA is concerned with the public interests and is not against the proposed development or any development; that the BCA recognizes the need for multiple buildings downtown which will bring more jobs and financial stability to the City; however, the BCA is also concerned with the apparent disregard for public safety and the giving away of public rights for private purposes with no replacement contingencies; that the proposed development does not comply with the regulations of the Zoning Code (1998); that the vacation of a public alley is a special request by the developer to accommodate the proposed project and is a question of property rights; that the request for additional air rights to extend the building structure over the alley is giving away public interests; that granting the Major Conditional Use request will result in heightened density in the building; that public parking will be removed to accommodate the proposed development; that specific public privileges are requested by the developer; that little has been proffered by the developer for the public's interest; that the PBLP is correct in the recommendation that granting the developer's request is not in the public's interest; that the Commission has used little judgment in the giving away of public rights; that the Commission may alter the fabric of the Zoning Code (1998) by granting the vacation of the alley; that the elements in the Zoning Code (1998) are based on the configuration of the streets, the design and public use as currently exist; that the public interest must be served. Elaine Kolm, 1355 North Gulf Stream Avenue (34236), representing the Bayfront Condominium Association (BCA), stated that too many streets in too close proximity cross First Street between Central Avenue and Lemon Avenue; that the public is at risk with 600 cars per day in and out of the proposed parking garage; that the three lanes, one inbound and two outbound, for the drive-through bank will cause serious traffic hazards; that the service alley for the common use of the proposed development and stores on Main Street will cause added traffic congestion; that two lanes entering into the proposed development for service and delivery of 600 tenants crossing eight lanes of continuous traffic is dangerous; that an entrance gate with a buzzer should be added for safety; that a median strip between Central and Lemon Avenues should be added to prevent a left turn through on-coming traffic; that a May 14, 1999, memorandum from Attorney Sarah Schenk, City Attorney's Office, to the City Manager indicates a request for $320,000 for pedestrian improvements cannot be mandated; however, the memorandum goes further to indicate the opinion should not be interpreted to mean safety is not a relevant criterion for review of the proposed project; and referred to Sections IV-506 (A) (6) and IV-906(A) (3), Zoning Code (1998) as follows: the City Commission shall use and be guided by the following criteria in the exercise of their discretion when evaluating a site plan submission: Section IV-506 (A) (6) Whether the proposed development, design and layout provides for safe and efficient pedestrian circulation; the City Commission shall review such an application with consideration for the following factors: Section IV-906 (A) (3) Whether the transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. BOOK 46 Page 18586 08/16/99 6:00 P.M. BOOK 46 Page 18587 08/16/99 6:00 P.M. Ms. Kolm continued that denial of the Major Conditional Use for drive-through bank would mitigate the congestion by three lanes of traffic; that the Bayfront Condominium Association (BCA) is not opposed to the proposed development; however, the Wynnton Group has offered very little and asked for a lot; that the Wynnton Group could provide an enlarged lobby with seating and telephones for public purposes to integrate the building with Five Points Park and contribute to the community. Lieutenant General Roland V. Heiser, President of New College Foundation and Chairman of Gateway 2000, 4104 Las Palmos Way (34238), stated that the design of the proposed development is liked; that approval is highly recommended; that the proposed development offers many benefits and is good for the future of the City; that unfortunately, Tropicana Products, Inc., will not be moving into the City; that Mr. Schiffman is a highly admired and respected businessman; that Mr. Schiffman and the Wynnton Group have worked with Gateway 2000 concerning the project. Marvin Mills, 4517 Ascot Circle South (34235), stated that as an architect, teacher of architecture at the University of South Florida (USF) in Tampa and with 50 years of experience in architecture, the proposed development is a disaster; that the main problem is the non compatibility with the character of the historic center of the City; and referred to a June 29, 1999, letter from the AIA to the Commission expressing the concern of the proposed development's incompatibility. Mr. Mills stated that the proposed development is massive compared to the Zenith Building and the former Southeast Bank Building; that the exiting from the parking garage of the approximately 500 vehicles at peak time will require 2.5 hours, allowing each vehicle 20 seconds to exit; that the traffic reports have not been objective; that the Commission is urged to request another traffic report before approving the project; that a report prepared by traffic engineers chosen by and reporting to the City does not constitute an objective report; that the City is at a crucial turning point; that the Commission must have courage and not fear the possibility of a lawsuit; that the City may. have to live with a mistake which will set a precedent and will destroy the character of the City more than any other single building or structure. Vice Mayor Pillot stated that a reference to the Commission's lack of courage is unfortunate. Charlie Griggs, Architect, 4708 Pine Harrier Drive (34231), stated that approximately 10 to 12 million feet of major office space have been personally designed; that the requirement for one parking space for each 350 square feet of office space is extraordinary, that the requirement is compounded by counting the exterior construction thickness in the square footage; that construction below grade is not possible at the site due to the water table; that parking in most major cities is constructed under the utility envelop and under the streets; that Commission approval is strongly recommended; that too many parking spaces are being required based upon every other zoning code personally reviewed; that many cities would love to have a $40 million project; that the Commission is urged to approve the proposed development. Cathy Layton, 1900 Lincoln Drive (34231), stated that the Commission is urged to approve the proposed development; that Staff has reported the proposed development is consistent with the City's Comprehensive Plan and meets the requirements of the Zoning Code (1998); that the public insists the City must receive more concessions from the developer; that the Wynnton Group has chosen the high road in the project and has shown good faith while making concessions along the wayi that the developer has made changes requested by Staff; that the developer has shown good faith and should not be penalized; that a comment heard is outsiders are dictating the look of the City and downtown; that the City's entire lifestyle has been molded by outsiders; that Sarasota is a community of outside influences such as Bertha Palmer, Charles Ringling, John Hamilton Gillespie, the Selbys and Frank Berlin; that 99 percent of the City's residents are probably outsiders; that the contributions of individuals from another city or state have never been viewed as less valuable than a local's contribution; that some people will never be happy with the proposed development and will indicate their concerns have not been heard; that the Commission must rely on the City's Comprehensive Plan and the Zoning Code (1998) upon being faced with those who are never satisfied; that Staff supports the proposed development not based on intangible opinions but on science, law and professional experience; that the Commission is urged to follow and support Staff's professional opinion; that neither the Commission nor the PBLP has heard expert testimony to the contrary; that the Commission must be fair and not try to obtain more concessions from the developer; that the Commission must be fair and consider the amount of concessions already provided; that a fair decision must be made on the legal and technical merits of the Applications and not on the basis of home location; that a decision must be based on the laws and polices guiding land use decisions; that the Commission is strongly urged to approve the proposed development. Michael Saunders, 1801 Main Street (34236), stated that Ms. Layton was very eloquent in expressing the views of many people; that the Commission is urged to support the proposed development; that the City expects the Commission, as elected leaders of the community, to have backbone and standup and protect the character of the community and to support good, healthy growth; that the Commission should lead and rise to the occasion and make a BOOK 46 Page 18588 08/16/99 6:00 P.M. BOOK 46 Page 18589 08/16/99 6:00 P.M. decision about the economic growth of downtown for the first time in 13 years; that the Commission has done an incredible job using the taxpayers' money to beautify downtown; that the proposed development will be contributing both money and jobs; that Nations Bank is a good corporate citizen and must be kept in the community; that Nations Bank can have their corporate headquarters anywhere and chooses the west coast of Florida; that Naples is stealing corporate headquarters from Sarasota due to a willingness to work with corporations; that a good community leader such as Nations Bank should not be forced to leave the community because of 2.5 feet of air space; that the proposed development may not be beautiful; however, the decision cannot be based on esthetics but must be based on the City's regulations; that the Commission is strongly urged to approve the proposed development. Nan Plessas, 448 58th Street (34243), stated that the proposed development is essential to the City's economic development and the continued well being of downtown; that the Commission is asked to consider approval of the proposed development from an economic standpoint; that the City cannot afford to have a vacant site for another 5 or 10 years; that the City needs the activity and the economic growth. Rob Lane, Chairman of the Greater Sarasota Chamber of Commerce, 3512 Ironwood Court (34243), stated that part of the role of the Greater Sarasota Chamber of Commerce (Chamber) is to advocate for responsible economic development; that the City is in need of downtown Class A office space; that the Chamber rarely speaks on behalf of proposed projects; however, the City must find good economic growth and expansion capabilities for current and potential new businesses; that the City must be competitive and demonstrate the City can react to retain opportunities and investments; that as Chamber Chairman, the Commission is urged to unanimously approve the proposed development and send a message to the business community indicating the City is open for business. Adam Segreti, owner of Santa Fe Trails Gallery, 1429 Main Street (34236), stated that the proposed Five Points Tower shares the alley with the Santa Fe Gallery; that the site plan does not meet the requirements of Zoning Code (1998); that the site plan cannot meet minimum parking requirements without the alley vacation and air space variance; that the City is being asked to give up public right-of-way sO the developer can comply with minimum standards; that the City Parking Advisory Committee has successfully utilized every conceivable way to add as many downtown public parking spaces as possible, including converting Central Avenue and First Street from parallel to angle parking thus gaining 16 parking spaces, which is the same number of street parking spaces the proposed site plan will consume; that both the number of spaces and the usage must be calculated to establish proper parking criteria; that the calculation of the 2- hour free parking criteria with the number of parking spaces and the turnover of four times per day equals 320 displaced vehicles per week not considering the increased parking demand the Five Points Tower will generate; that the loss of 16 parking spaces caused by the proposed development will result in 64 vehicles driving around downtown looking for parking; that the parking requirements are minimal; that a professional office building equates the number of parking spaces to people; that 3 spaces per 1,000 square feet equals 3 people per 1,000 per square feet at a reported rental rate of $30 per square foot; that no business could afford to limit themselves to 3 employees per 1,000 square feet; that the site plan should address the reality of the situation; that the lost on-street parking could be offset by adding a public parking level to the rooftop of the drive-in portion of the parking garage; that the site plan was rejected by PBLP; that the developer has made no effort to compromise, which should not be rewarded by granting the requested variances; that the developer's lack of interest in the needs of the surrounding area does not leave high expectations for cooperative action or resolution for alley access and traffic flow problems which are certain to occur; that good development of the Five Points area is strongly supported; however, a building of maximum size bulging over the property line, displacing 320 vehicles per week and which inadequately addresses parking requirements, is not necessary; that the proposed development will place a burden on existing parking demands and future tenants of the proposed building. Herman Weinberg, 1487 Second Street (34236), stated that as an engineer with an office around the corner from the proposed development but with no vested interest, the proposed development is strongly favored; that the developers will go elsewhere, hurting the City economically, if the Commission denies the Applications; that the proposed development meets the requirements of the Zoning Code (1998); that the project and other similar projects are necessary for the City to become vibrant. Tom Nunan, President, and Paul Thorpe, Executive Director. Downtown Association of Sarasota Inc. 1818 Main Street (34236). Mr. Nunan stated that the Executive Committee and the Board of Directors of the Downtown Association urge the Commission to approve the proposed development, which will have a major economic impact on the downtown, the entire City and the surrounding Counties; that no project can satisfy every individual and group; that the proposed development meets all the requirements of the Zoning Code (1998) and is consistent with the City's Comprehensive Plan; that the Downtown Association appreciates the efforts of the developer to address the parking issue; that the Wynnton Group agreed to make some public parking BOOK 46 Page 18590 08/16/99 6:00 P.M. BOOK 46 Page 18591 08/16/99 6:00 P.M. spaces available in the private parking garage; that some parking spaces will also be available for lease on a monthly basis; that the Downtown Association has worked and will continue to work diligently to improve the parking situation in concert with public and private entities; that the Special Services District Revised Plan is to help alleviate the parking situation with the use of the trolley network and other commuter assistance programs; that concern of the impact on parking on First Street from the proposed development and the increased traffic from the planned drive-through bank remains; however, City Staff has approved the proposed plans as drawn; that the Downtown Association is confident the Wynnton Group will work with the City and the Downtown Association to provide a functional building; that the proposed development is a source of positive economic impact for downtown and the City; that the Downtown Association fully supports the project. Mr. Thorpe stated that the decision to support the proposed development was very difficult; that the Downtown Association is relying on Mr. Schiffman's integrity to fulfill commitments; that the Downtown Association has led the economic development of the downtown for the past 25 years; that millions of dollars are being invested in downtown at the present time; that the Downtown Association is in full support of the proposed development and hopes that Mr. Schiffman, the Wynnton Group and Mr. Freedman will continue to work with the Downtown Association for the redevelopment and economic development of downtown. Mr. Nunan stated that 1999 is the official 25-year anniversary of the Downtown Association. Diana Hamilton, 312 Julia Place (34236), stated that the PBLP had questions and concerns about the proposed development and denied approval; that the proposed site plan should be sent back to the PBLP until all the questions and concerns have been properly addressed; that the City has a great opportunity to build a positive project at the Five Points corner; that the Commission should carefully consider the options; that the colonnade seems receptive to people and is the only positive feature of the proposed development; that the proposed development is massive and greatly overshadows the existing storefronts and lovely art district; that businesses have been thriving but will be negatively impacted by the loss of parking; that a parking space could not be found on a Saturday afternoon at 2 p.m.i that the parking space finally found was one of the parking spaces which will be lost due to the proposed development; that the PBLP should be given respect; that the proposed site plan should be sent back to the PBLP for further consideration to resolve the concerns. Roger Hettema, 2121 Main Street (34237), stated that he is a real estate appraiser, consultant, Member Appraiser Institute (MAI) Board certified by the State, has owned property in the downtown area for many years and is not being compensated by any of the parties involved but is speaking professionally and from personal observations; that the proposed development is the highest and best use of the land, meets all criteria, is physically possible and is legally permissible under the present Zoning Code (1998); that the public should be reminded Five Points Park was previously a series of buildings which was purchased with taxpayers' money for the exact purpose the developer is proposing; that previously the Southeast Bank Building was located at the site for many years; that the smaller building did not work which is the reason no one purchased the building; that the Commission's predecessors probably went through the same decision-making process at the time of approval of the Southeast Bank Building, which was likely considered a massive tower; that the Five Points site is the central business district and is the area in which development should be concentrated; that neighborhoods can only be preserved if concentration of the economic base does not infringe on the neighborhoods; that neighborhoods will be negatively impacted if the downtown area remains a series of smaller buildings as the public prefers as the City will have to spread out to accommodate businesses; that the proposed development has internal parking which will accommodate a substantial number of vehicles; that he grew up in Punta Gorda, Florida, which is a nice, little, sleepy town which turned its back on businesses so businesses went to Murdock; that children can come back to Sarasota in a couple of years after graduation from college and find a job which could not have been done 20 years ago; that the City is facing intense competition from Lakewood Ranch and other counties; that the City does not want to lose any more businesses as the loss of others will follow; that the Commission is urged to approve the proposed development. The Commission recessed at 8:30 p.m. and reconvened at 8:45 p.m. Mark Kauffman, M.D. 455 Longboat Club Road (34228), stated that the design, the parking ratio and the apparent extreme overstuffing of the proposed project is not endorsed; however, the project as a whole is supported; that the benefits the proposed development will bring to the City are economically profound and meet the requirements of the Zoning Code (1998); that the street vacation of the alley is a reasonable request; that neighbors' interests will not be harmed nor adversely affected by yielding air rights on the north half of the alley; that the vacation in no way prevents neighbors on the south half of the alley to request up to 10 feet; that the Applicant will provide a perpetual agreement not to block any future requests; that the Commission should approve the project with a strong recommendation to voluntarily scale back the design of the building; that the public art fees required of the developer BOOK 46 Page 18592 08/16/99 6:00 P.M. BOOK 46 Page 18593 08/16/99 6:00 P.M. should be used to add a beautiful asset to Five Points Park which will decrease the negative impact of the City's Memory Path. Doris Low, 3317 Mineola Drive (34239), stated that changing the unique character of downtown will be self-defeating; that overbuilding in very restricted space leads to much frustration and ultimately abandoning unworkable projects; that the present pedestrian safety laws must be changed; that the parking situation must be addressed; that downtown cannot accommodate 600 more vehicles per day; that the drive-through bank is opposed. Jono Miller, 4535 45th Court (34234), 29-year resident, stated that in 1970 the area currently known as Five Points Park was known as the Nixon building; that a concern is the effect on the pedestrian experience; that the biggest enemy of pedestrians is the automobile; that the former Southeast Bank Building's blank wall negatively affected the pedestrian experience; that the proposed development offers an attractive building and a colonnade which will be a dramatic improvement; that the east side of Main Street has the massiveness of buildings, sprawling parking lots and parking garages which are bad for the pedestrian experience; that the proposed development is the first building which totally integrates parking inside the building; that the proposed development can swallow 600 hundred vehicles which is a positive improvement; that the proposed development is far better than the former Southeast Bank Building which occupied the site years ago; that the proposed development should be approved. Sam Holladay, President of the Gulf Coast Chapter of the American Institute of Architects (AIA) on behalf of the Executive Committee, 1763 Spring Creek Drive (34239), stated that the comment was made the AIA opposes the proposed development; that the intent of the AIA is not to criticize the design of the proposed development or any other development in the City; that the June 29, 1999, AIA letter to the Commission was to emphasize the AIA's concern the City does not have a plan for future development and to recommend planning a direction for the community's future; that in the AIA's opinion, the City should carefully examine the land development regulations and the results of the numerous studies and planning sessions to develop an urban design. Mike Collins, President of Nations Bank, 1526 Harbor Drive (34239), stated that for the last 6 months, Nations Bank has been negotiating with the Wynnton Group to make the proposed development the regional headquarters of Nations Bank, which will be the anchor tenant of the proposed development; that time is of the essence as the current Nations Bank lease expires in less than 20 months; that the drive-through banking facility is very important to Nations Bank and the customers; that Nations Bank offers both internet and supermarket banking; however, many customers still prefer the drive-through facilities; that the facilities the developer has offered will meet the customers' needs; that Nations Bank has 50 other locations in Manatee and Sarasota counties, is a good corporate citizen, and makes a considerable contribution to the community; that the presence of Nations Bank will attract many other quality tenants; that Nations Bank wants to do the right thing for Sarasota and the community; that Nations Bank requests the Commission approve the proposed development. Victor Calderon, 4040 Red Rock Lane (34230), stated that the Commission is encouraged to look at the fundamental merits of the proposed development which is consistent, compatible and will generate significant revenues and act accordingly. Patricia Caswell, 1623 North Drive (34239), member of the Sarasota Arts Council, stated that the Sarasota Arts Council (Arts Council) has no formal position on the issue; however, the Arts Council has a formal plan; that one of the 10 goals in the plan is to support economic development which in turn diversifies funding for the arts and other non-profit organizations; that the arts benefit from strong community corporate headquarters; that Nations Bank has a history of corporate support for such organizations as the Van Wezel Performing Arts Hall (VWPAH), the Asolo Theatre Company, the Sarasota Opera House, and just recently provided a $20,000 grant for school programs; that currently donations to the arts in Sarasota are far below the national average; that having the Nations Bank corporate headquarters locally will help non-profit organizations and the arts; that moving corporate headquarters out of town also takes the decision-making out of town, negatively affecting the City; that the design of the proposed development may reflect Sarasota's unique character; that the Commission is urged to consider the AIA's suggestion for the Commission to reflect on Sarasota's future design. Dr. Frederick Hauser, 1255 Gulf Stream Avenue (34236), was no longer present in Chambers. Ken Kendery, President of First Watch Restaurant. 1395 Main Street (34236), stated that appreciation is extended to the Commission for the new newsracks outside the First Watch Restaurant (First Watch); that First Watch supports the proposed development; that businesses project a 25 to 40 percent decrease in sales if large businesses leave the Cityi that the proposed development will provide more economic stability to the surrounding businesses; that the proposed development will be a significant improvement over the empty former Southeast Bank building; that downtown parking is frustrating but not as frustrating as some mall parking; that the Commission is urged to approve the proposed development. Gary Hoyt, 1527 Second Street (34236), stated that the proposed BOOK 46 Page 18594 08/16/99 6:00 P.M. BOOK 46 Page 18595 08/16/99 6:00 P.M. development offers two crucial points: 1) the urban design which will be the signature anchor property of the City and 2) the high. level of detail in recessing and opening the ground plane which never existed before and will now exist for the first time in Sarasota; that the developer has gone to great lengths to abide by the regulations of the Zoning Code (1998) and all applicable building codes and has endlessly met with Staff; that the Commission is requested to support and approve the proposed development. Frederick Wallace, 1255 North Gulf Stream Avenue (34236), was no longer present in the Chambers. Lucille Wallace, 1255 North Gulf Stream Avenue (34236), was no longer present in the Chambers. Dr. Marilyn Hauser, 1255 Gulf Stream Avenue (34236), was no longer present in the Chambers. Ernest Babb, 1886 Bahia Vista (34239), stated that the proposed development is beautiful in design but is in the wrong place; that the Hollywood 20 Theatre complex was almost placed in the wrong location; that the banner of preserving the City's ambiance has been utilized to engage the State's Goliath of the Florida Department of Transportation (FDOT) which wishes to impose an uncharacteristic bridge in the community; that the question is the reason the Commission would now discard the banner and destroy the guiding principles of the downtown corridor area; that the documents and plans approved by the Commission and the ordinances enacted into law are in opposition to the proposed development in the proposed location; that the building is beautiful but should be placed in a location consistent with the City's Comprehensive Plan and the Sarasota 2040: City of Sarasota Vision Plan (1994) (Vision Plan); and cited from the Vision Plan as follows: A major aspect of the sense of place in Sarasota is defined by our current "Main Street" character, which provides an open sky backdrop to historic facades, low-level buildings that allow ample light and sunshine at the pedestrian, multiple street-level activities and a feeling of small-town openness. Mr. Babb stated that the principle of low level buildings is also directed in the Redevelopment Plan required by Florida statutes and adopted by the Community Redevelopment Agencyi that the Future Land Use Chapter of the City's Comprehensive Plan indicates the intent of the future land use plan is to pursue actions which further the City's defining principles; that the requirements of the Zoning Code (1998) have not been brought into compliance with the City's Comprehensive Plan; that the numerous modification requests presented to the Commission give evidence the requirements of the C-CBD Zone District have not been extensively reviewed but merely patched to correct discrepancies; and referred to Action Strategy 2.4 and 3.2, Future Land Use Element of the City's Comprehensive Plan concerning consistency as follows: 2.4 Specific Uses and Development Standards Consistency with Land Use Classifications: Within one (1) year from the adoption of this Sarasota City Plan, the City shall review the specific uses and development standards within each existing zoning district to ensure that each is consistent with the land use classification that the district is intended to implement. 3.2 Consistency With Other Sarasota City Plan Components: All rezoning and conditional uses shall be consistent with the future land use map. However, consistency with the future land use map does not equate to being consistent with the Sarasota City Plan in total. Mr. Babb stated that the Commission is urged to consider the impact if the proposed development is approved; that the Commission is urged to change the Zoning Code (1998) to prevent the future development of massive, 200-foot-high buildings down the length of Main Street, creating a wall of buildings. Woody Levy, 770 South Palm_Avenue (34236) retired trial attorney and 12-year resident, stated that the proposed development is fully supported; that the objections are of the size and scale of the proposed development which is considerably less than the approximately 20-story Sarabande Condominium development; that the proposed development meets the requirements of the Zoning Code (1998); that everyone cannot be accommodated; that people have many different tastes which is the reason for chocolate and vanilla; that the proposed development will be an economic boom to Sarasota. Arland Christ-Janer. 4372 Camino Madera (34238), stated that the Commission is requested to just vote yes. Cynthia Scheider, 4105 Shell Road (34242), stated that the development of downtown is fully supported; however, the City must develop an overall plan for the direction of downtown; that the proposed development would never be approved for St. Armands Circle; that the City should choose a style of architecture and have all developers adhere to the specific style; that corporate headquarters are fully supported; however, buildings should be consistent or New York City will be moving to Sarasota. Mayor Cardamone requested that the Applicant come forward for rebuttal. BOOK 46 Page 18596 08/16/99 6:00 P.M. BOOK 46 Page 18597 08/16/99 6:00 P.M. Mr. Freedman displayed a photograph of the former Palmer Bank building previously located on the proposed site of the Five Points Tower and stated that the Palmer Bank was an out-of-scale structure; that several development projects in the City required a street vacation, i.e., the City Center, the Young Men's Christian Association (YMCA) building, and the Links Plaza project which extends over an alley and connects with a restaurant; that Main Plaza was built by vacating a street; that street vacations, alley vacations or realignments are common in cities undergoing redevelopment; that the grid pattern established in the past is not necessarily compatible with new development techniques and market needs; that under Action Strategy 3.5 of the City's Comprehensive Plan, the application is considered consistent if meeting the requirements of the specific zone district, i.e., the C-CBD Zone District; that the Applicant made every effort to comply with the City's Comprehensive Plan requirements; that the Applicant has mitigated the impact of pedestrian safety; that the recommendations of Staff and the City's traffic consultant have been implemented. Mr. Harshman stated that confusion has developed regarding ownership of the adjacent alley; that letters of support for the street vacation for the alley have been received by the majority of business owners abutting the east/west alley, i.e., David and Martha Hanon of Martha's Candy and Clutter, Charles Idelson, Sam and Doris Idelson and Sy Tobin of Santa Fe Gallery, Karl Shrode of Shrode Jewelers, and Robert Martin of Estetica by Vanders; that Affected Person, John Hanna, the Johna Hanna Family Trust, owner of the building, is objecting to the street vacation. Mr. Schiffman stated that the Wynnton Group has held meetings with neighborhood groups, Staff and concerned persons; that constructive dialog has taken place and will continue as the project goes forward; that the issue of lost parking spaces along First Street and Central Avenue is being addressed by designating parking spaces for use by the public and merchants in the proposed parking garage; that the initiative to address the comprehensive issues of parking spaces in the downtown is on- going; that the public hearing has been a forum for citizens to express views associated with the project and general issues pertaining to the City's development growth; that the Five Points Tower project is the first large project proposed for the downtown area in 13 years. Mayor Cardamone stated that Attorney Domber, representing Affected Person Hanna, waives rebuttal and requested that Staff come forward for rebuttal. Ms. Murphy stated that clarification of Staff's analysis of the project is appropriate; that Staff's analysis included comparisons of the Downtown Sarasota: Master Plan for Tomorrow (May 1986) and the Sarasota 2040: City of Sarasota Vision Plan (1994) with the City's Comprehensive Plan to ensure consistency; that Staff's review of the project included compliance with applicable codes and review of completed studies and existing City plans; that a number of elements and components of the project were positive; that a negative element of the project is the massive scale of the building; that certain elements of the Vision Plan are part of the City's Comprehensive Plan; that Major Conditional Use Application No. 99-CU-09 must be consistent with the City's Comprehensive Plan; that Site Plan Application No. 99-SP-F meets current C-CBD Zone District requirements and therefore, under Action Strategy 3.5, is consistent with the City's Comprehensive Plan; that the representatives of the City's traffic consultant, Kimley-Horn and Associates, Inc., are available for questions regarding the traffic study and traffic safety concerns. City Attorney Taylor stated that the transportation study for Five Points Tower prepared by Kimley-Horn and Associates, Inc., dated March 1999 made reference to the Traffic Concurrency Review Study prepared for the Selby Public Library by Dames & Moore dated October 1996 and should be included in the public record. Mayor Cardamone stated clarification of the City's procedure for performing traffic studies would be in the public interest and appreciated. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Commission had previously authorized retaining five consultants specializing in transportation/engineering issues; that the consultant services are used on a rotating basis; that the consultant and applicant enter into an agreement; that the City and the consultant have a separate agreement; that the applicant pays for the consulting services but does not communicate with the consultant directly; that questions are channeled through the Engineering Department. Vice Mayor Pillot stated that appreciation is extended to the City Attorney for the detailed explanation regarding ownership of the north/south and east/west alleys; that the alleys are privately owned; that a speaker indicated the City was giving away public land; that vacating the alleys is not giving away public land; that Staff has confirmed the project is consistent with the City's Comprehensive Plan; that the Commission's decision will be based on Staff's analysis; that the criteria for consideration are: 1) the area of public right-of-way described herein will continue to provide the same benefit to the general public which exists today and the Applicant will provide access and utility easements to the City as a condition precedent to the effective date of the street vacation, 2) no streets, rights-of- way, easements or non-fee interest will need rearrangement to secure a harmonious system for traffic circulation if the street BOOK 46 Page 18598 08/16/99 6:00 P.M. BOOK 46 Page 18599 08/16/99 6:00 P.M. vacation is granted as a result of the Applicant's granting utility and access easements to the City, and 3) the area of public right-of-way will be improved; that the general public will continue to use the right-of-way to the same extent as currently utilized as a result of the Applicant's granting the access and utility easement. Commissioner Quillin stated that appreciation is extended to the meeting attendees; that the Commission's focus is not to deny or approve the building; that the issue is the street vacation of the alley and the Major Conditional Use; that the PBLP denied the street vacation of the alley; that the Commission's responsibility is to hear the issues and make a decision for the good of the community; that the decision is complex, i.e., the impact of the project on the community, the project's contribution to the community, etc.; that the project's site plan was personally reviewed and compared to former buildings occupying the proposed site. Commissioner Quillin continued that traffic patterns should be assessed with regard to the alley easement and vacation; that a change in traffic conditions should be reviewed to assess the impact on the community and the utilization of the impacted area; that the alleys contain major utilities; that the information received did not indicate Florida Power and Light (FPL), General Telephone and Electric (GTE), Comcast Cable Television (Comcast), etc., have approved moving utility lines; that the alleys are susceptible to flooding; that the City and County have an Interlocal Agreement concerning stormwater; that a County evaluation of the project and stormwater retention is not documented; that a concern is the impact of the project on remaining downtown areas, i.e., Main Street, Central Avenue, etc.; that the City currently has 11 banks and one credit union within the core downtown area; that a traffic study for the Selby Public Library in 1996 estimated 543 vehicles would proceed west at rush hour at the intersection of Fruitville Road and Central Avenue; that the traffic study for the Five Points Tower project using similar parameters estimates 709 vehicles will proceed west; that a comparison of the proposed project is Links Avenue, i.e., the Main Plaza and First Union Bank abut forming an alley which is not pedestrian friendly; that elimination of public parking spaces on First Street and Central Avenue is proposed; that each parking space has a value of $20,000 in taxpayer dollars; that the elimination of the public parking spaces would be a loss of approximately $150,000 of taxpayer equity, parking, convenience and the utilization of the downtown area; that the Five Points Tower traffic study does not elaborate on traffic patterns; that traffic will be emerging from the building onto a small area close to the corner of First Street and Central Avenue; that the corner is adjacent to the Selby Public Library utilized by the community; that First Street and Central Avenue will no longer be pedestrian friendly; that the traffic study for the Selby Public Library indicates a traffic impact pattern to US 41; however, the Five Points Tower traffic study does not; that US 41 will be impacted in the future by the proposed development. Commissioner Quillin further stated that the Commission's decision is based on a 2.5-foot easement of air rights which will extend over a public access; that the 2.5-foot overhang could be located over the drive-through bank or the entrance to the building and not impede into the alley; that relinquished air rights are difficult to reclaim; that the Applicant has tried to make concessions; however, a reevaluation of the concerns may be appropriate; that a Commission review of the C-CBD Zone District for the downtown area is suggested; that the building is allowable under the current code. without the street vacation or the conditional use; that public safety, pedestrian friendliness and traffic conditions are concerns. Commissioner Mason stated that parking space concerns have been addressed by the Applicant; that Staff has confirmed the applications are in compliance with the requirements of the Zoning Code (1998); that workshops could be scheduled to consider revisions to the City's codes, if desired; however, specific codes should be supported once revised. There were no other Commissioner supplemental remarks and Mayor Cardamone closed the public hearing. City Attorney Taylor stated that proposed Ordinance No. 99-4159 was presented as a street vacation; that the PBLP recommended against the street vacation; that the Site Plan and the Major Conditional Use assumed approval of the street vacation; that each issue should be considered separately; that proposed Ordinance No. 99-4159 concerning the street vacation should be considered first; that denial of proposed Ordinance No. 99-4159 will affect the remaining applications. City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial issues; however, the Administration is expected to make recommendations on non quasi-judicial issues which are legislative matters, i.e., the street vacation of the alley; that the Administration's recommendation is to pass proposed Ordinance No. 99-4159 on first reading based upon Staff's review and analysis and the granting of utility and access easements to the City; that approval of Street Vacation Application No. 99-SV-04 is a legislative matter involving a finding that the Street Vacation is in the interest of the public; that the Commission upon receiving public testimony has the discretion to make an independent determination. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4159 by title only. BOOK 46 Page 18600 08/16/99 6:00 P.M. BOOK 46 Page 18601 08/16/99 6:00 P.M. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4159 on first reading. Commissioner Hogle stated that the City's Comprehensive Plan, the Sarasota 2040: City of Sarasota Vision Draft Plan (1994) and the 1969 Sarasota Summary of Comprehensive Planning Studies have been reviewed to ensure consistency of proposed Ordinance No. 99-4159; that photographs from the 1969 Sarasota Summary of Comprehensive Planning Studies indicate that the Five Points corner was recognized as a site for a major financial institution; that the 1983 Regional/Urban Design Assistance Team (R/UDAT) study was reviewed; that photographs from the study illustrated condominiums compared to the building in question; that a review of planning books in the Planning Department depicted a photograph of old Sarasota with the J. H. Lords Bank located on the Five Points corner; that a tour of the proposed site indicated parking is available in a parking lot between First and Second Streets at Lemon Avenue and behind the Golden Apple Theatre; that the tour of the area was accomplished in a short period of time; that the proposed drive-through bank facility will have one third less the number of drive-through windows than previously existed; that Nations Bank will not operate the drive-through bank if not economically feasible; that the alleys will be improved; that approval is recommended; that proposed Ordinance No. 99-4159 is consistent with the City's Comprehensive Plan. Mayor Cardamone called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes; Hogle, yes. Mayor Cardamone stated that the next item for consideration is the appeal of the PBLP's denial of Site Plan Application No. 99-SP-F. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to reverse the action of the PBLP to deny Site Plan Application No. 99-SP-F and to approve Site Plan Application No. 99-SP-F subject to: 1) the adoption of proposed Ordinance No. 99-4159 for the street vacation on second reading and 2) the adoption of proposed Resolution No. 99R-1201 regarding Major Conditional Use Application No. 99-CU-09. Commissioner Quillin stated that the street vacation was approved; that the Major Conditional Use is also being put to a vote; that methods to make the project better should be considered; that the affect of the Major Conditional Use on the downtown area and the pedestrian space should be considered; that the Commission's responsibility is to try to make situations a win-win for everyone in the community. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes; Cardamone yes. Mayor Cardamone stated that the proposed Resolution No. 99R-1201 concerning Major Conditional Use Application No. 99-CU-09 is the next issue. City Attorney Taylor stated that the PBLP was not obligated to vote on the Major Conditional Use once the street vacation was denied; that a finding of consistency with the City's Comprehensive Plan has not been established for a drive-through bank facility; that the remaining part of the building is presumed consistent; that a motion to adopt proposed Resolution No. 99R-1201 should include: 1) a finding that the Major Conditional Use is consistent with the City's Comprehensive Plan and 2) acceptance of the Applicant's proffer of the 16 parking spaces. City Auditor and Clerk Robinson read proposed Resolution 99R-1201 by title only. Commissioner Quillin stated that a request is made for the Applicant to come back to the table; that the Applicant may be willing to compensate for the loss of public parking spaces on First Street and two public parking spaces on Central Avenue; that each space costs approximately $20,000; that the proffer was for 8 parking spaces for public use in the parking garage; that the City will have to provide liability indemmification; that another 8 parking spaces will be leased to business owners to compensate for lost parking spaces. Mayor Cardamone stated that a Commission consensus does not exist to request the Applicant come back to the table. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to find Major Conditional Use Application No. 99-CU-09 with accompanying Site Plan Application No. 99-SP-F consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and adopt proposed Resolution No. 99R-1201 contingent upon adoption of proposed Ordinance No. 99-4159 on second reading and including the proffer of the parking spaces as submitted in a letter dated August 16, 1999, from Robert Schiffman, President, the Wynnton Group. Mayor Cardamone stated that comments presented at the public hearing were very persuasive; that the parking concessions made by the Wynnton Group to the Commission and the community are somewhat satisfactory; that the feasibility of roof-top parking BOOK 46 Page 18602 08/16/99 6:00 P.M. BOOK 46 Page 18603 08/16/99 6:00 P.M. should be reviewed by the Applicant; that the impact of Sarasota County's growth policies on the City of Sarasota is a concerni that a speaker commented that the Commission should recognize the impact of developing the Interstate (I) -75 corridor; that the concern is acknowledged; that tonight's public discussion was very controlled and well presented compared to some other public hearings, i.e., the downtown Hollywood 20 movie theatre hearings; that Sarasota is one of the leading communities to bring a movie theater back to a downtown area; that downtown economic development is important; that a signal will be sent and businesses will relocate to the I-75 corridor if the downtown is not developed; that corporate identity in the City should be concentrated in the downtown area, not in residential areas; that the speakers' comments regarding the building style were not harsh or derogatory; that the colonnade and the pedestrian walkway are well designed; that constituents have commented developers should be required to set back commercial buildings from the street which has been accommodated in the proposed building's design; that new regulations detailing height and setbacks for buildings on Main Street should be drafted; that a common theme in Commission discussions is setbacks, a gradual tapering inward of upper floors, etc., should be encouraged; that Staff is working diligently on code revisions; that pedestrian safety is a concern. Commissioner Quillin stated that banks previously located at the proposed site built drive-through banking facilities across the street; that the former drive-through banking facility had access from two streets; that traffic circulation was better; that the traffic impact was minimized; that the property across the street from the project site is not available to the Applicant; that the proposed drive-through bank will impact a portion of the street with heavy pedestrian use; that the Major Conditional Use for the banking facility is not supported; that 11 banks and one credit union are within walking distance of the proposed site; that the Major Conditional Use would be supported if use of the intersections or the public area could be improved; that the area will not be pedestrian friendly; that the taxpayers will have to pay for modifications instead of having the Applicant contribute if future traffic issues arise; that a tunnel is located underneath First Street, which connects the property with the location of the former drive-through bank and which Staff recommends removing. City Attorney Taylor referred to Section 4 (f) of proposed Resolution No. 99R-1201 concerning the tunnel as follows: (f) The Applicants shall comply with the License Agreement, between the City of Sarasota and Applicants' Predecemsor-in-title to the Project Site dated October 30, 1956, a copy of which is on file at the Office of the City Auditor and Clerk, as to the underground tunnel located underneath First Street. Alternatively, Applicants shall remove the tunnel existing under First Street prior to the approval by the City of construction plans for the Project, in the event the License Agreement is terminated by mutual agreement. City Attorney Taylor stated that the language is the strongest the City can legally impose due to contractual obligations. Mayor Cardamone stated the audience participation and letters from the public, etc., are appreciated. Vice Mayor Pillot recognized Raymond Pilon, Commissioner, Sarasota Board of County Commissioners, who was present in the audience. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote to find Major Conditional Use Application No. 99-CU-09 with accompanying Site Plan Application No. 99-SP-F consistent with the City's Comprehensive Plan also called the Sarasota City Plan, 1998 Edition, and adopt proposed Resolution No. 99R-1201 contingent upon adoption of proposed Ordinance No. 99-4159 on second reading and including the proffer of the parking spaces as submitted in a letter dated August 16, 1999, from Robert Schiffman, President, the Wynnton Group. Motion carried (4 to 1): Pillot, yesi Quillin, noi Cardamone, yes; Hogle, yes; Mason, yes. Mayor Cardamone stated that appreciation is extended to the Planning Staff, the City Attorney and other City Staff for the masterful task of compiling and researching the Five Points Tower project. Commissioner Quillin stated that the appeal process of the PBLP denial of the street vacation was awkward. City Attorney Taylor stated that an appeal of a board's decision has never occurred under the new Zoning Code (1998); that procedures for the process can be reviewed. The Commission recessed at 10:15 p.m. and reconvened at 10:25 p.m. 9. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4162, TO REZONE APPROXIMATELY + 32 ACRES FROM THE SINGLE-FAMILY. RESIDENTIAL-3 (RSF-3) ZONE DISTRICT TO THE MULTIPLE- - FAMILY- - RESIDENTIAL-3 (RMF-3) ZONE DISTRICT; SAID PROPERTY BEING LOCATED WITHIN THE SOUTHEAST OUADRANT OF 12TH STREET AND TUTTLE AVENUE WITH A STREET ADDRESS OF 2950 12TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF THE REZONING, INCLUDING BOOK 46 Page 18604 08/16/99 6:00 P.M. BOOK 46 Page 18605 08/16/99 6:00 P.M. CONSTRUCTION OF A PROPOSED + 320 UNIT MULTIPLE FAMILY DWELLING COMPLEX, INCLUDING CLUBHOUSE, ACCESSORY RECREATIONAL STRUCTURES AND FACILITIES TO BE KNOWN AS TUTTLE AVENUE APARTMENTS IN CONFORMANCE WITH SITE PLAN APPLICATION 99-SP-N; ETC. (TITLE ONLY) (APPLICATION NOS. 99- RE-07 AND 99-SP-N), APPLICANT STEPHEN REES, ESQ. AS AGENT FOR FLORIDA - SOUTHEAST DEVELOPMENT KMLD CORPORATION) PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #3 (2327) through #4 (0147) Mayor Cardamone stated that proposed Ordinance No. 99-4162 for Rezoning Application No. 99-RE-07 and Site Plan Application No. 99-SP-N concerns the project known as Tuttle Avenue Apartments located on 12th Street and Tuttle Avenue with a street address of 2950 12th Street; that the proposed project includes a multiple-family dwelling complex, including clubhouse, accessory recreational structures, and other facilities. City Attorney Taylor stated that the recommendation for speaker time limits is 15 minutes for the Applicant's presentation and 10 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 5 minutes to speak and 3 minutes for rebuttal; that Affected persons are individuals especially interested in the proceedings due to close proximity to or other special interest in the subject property; that other interested persons will have 3 minutes to speak; that the following ten people have applied for and complied with the rules for obtaining Affected Person status: Frank Stafford, Jr., Wayne Stafford, Linford C. Rickard, Frank Stafford III, Larry Leedom, Pamela Leedom, Betsy Lindsey, Thomas Lindsey, John Morrison and Debra Morrison; that only two Affected Persons have signed up to speak. Mayor Cardamone stated that the cOnsensus of the Commission is to approve the recommendations for speaker time limits and certification of the individuals applying for status as Affected Persons. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Quillin stated that a conversation took place on the evening of August 16, 1999, with Attorney Stephen Rees, concerning aeration of the proposed lake in the development. Mayor Cardamone, Vice Mayor Pillot, and Commissioners Hogle and Mason stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Stephen Rees, Esquire, law firm of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., and Elizabeth "Betsy" Benac, AICP, WilsonMiller, as agents for Tenth Way Corporation and Florida- Southeast Development KMLD Corporation, contract vendee, and Millard Yoder, Civil Engineer, WilsonMiller, came before the Commission. Attorney Rees stated that Kenneth Mamula, President of Florida- Southeast Development KMLD Corporation, is present in the audience to answer questions if desired; that Mr. Mamula was present at the July 7 and 14, 1999, Planning Board/Local Planning Agency (PBLP) meetings and the June 23, 1999, Neighborhood Workshop; that the application contains information concerning the contract vendee corporation including biographical information on the principal officers; that Florida Southeast Development KMLD Corporation has decades of development experience, providing high quality apartment rental projects throughout Florida and the United States; that the applications were filed concerning property on the southeast quadrant of 12th Street and Tuttle Avenue on a 31-acre parcel of land; that Tenth Way Corporation was personally represented before the present Commission in the update of the current City's Comprehensive Plan, also call the Sarasota City Plan, 1998 Edition; that the property was approved for a Multiple Family - Medium Density Land Use Classification which provides for an implementing zone districts with densities of up to the Residential, Multiple- Family (RMF)-5 Zone District; that the Applicant is requesting a Conditional Rezoning from Residential Single-Family (RSF)-3 to the RMF-3 Zone District at an effective density of less than 11 dwelling units per acre; that the project is at the lowest range of the permissible density range; that the property is presently a zoned enclave; that the Action Strategies of the City's Comprehensive Plan encourage private property owners to initiate rezonings to bring property into compliance with the adopted Future Land Use Map. Attorney Rees continued that the character of the district and the land use classification recognizes the transition between single-family development and commercial or other non-residential development; that Staff's report demonstrates the project is in the middle of a residential section to the east and southeast and non-residential developments on the other three quadrants of the intersection; that Site Plan Application No. 99-SP-N has been designed in accordance with all the applicable City codes and regulations; that the Applicant adopts Staff's finding that proposed Ordinance No. 99-4162 is consistent with the City's Comprehensive Plan; that the Site Plan is consistent with the City's regulations for all essential facilities, services and the City's tree protection ordinance; that the June 23, 1999, Neighborhood Workshop was well attended; that dialog with BOOK 46 Page 18606 08/16/99 6:00 P.M. BOOK 46 Page 18607 08/16/99 6:00 P.M. neighbors in the surrounding single-family developments revealed historical pre-existing drainage problems; that the project will improve the drainage conditions; that drainage problems in the area can be further assisted with help from the City and County. Ms. Benac displayed on the overhead projector drawings of the project and stated that the proposed project will have 20 two- story buildings with an average of 16 units per building arranged around a centrally located lake; that the maximum height of the buildings will be 35 feet in compliance with requirements of the RMF-3 Zone District; that a playground monitored by a video camera is proposed, which can be viewed on a dedicated cable television channel; that recreational facilities include a clubhouse, pool, tennis court and volleyball complex; that the parking spaces are arranged away from the lake; that two parking spaces will be assigned to each unit; that the entry to the site is on Tenth Street which has been opened to the east to serve as access to the newly redesigned and reconstructed Tuttle Elementary School; that meetings have taken place with the Sarasota County School Board, which is requesting a bus loop access to the school; that the decision not to open Tenth Street to Brink Avenue was supported by a traffic. study and polices outlined in the City's Comprehensive Plan protecting neighborhoods from cut-through traffic; that continuing Tenth Street is not proposed; however, a right-of-way will be dedicated along the Tenth Street corridor; that the school property also provided for a 25-foot right-of-way; that an access point has been designed to keep children away from bus traffic; that a sidewalk will be installed beyond the bus loop to eliminate the possibility of crossing in front of the bus; that the access points located at Tenth and 12th Streets will be gated; that access will require a card; that City emergency crews will have access in compliance with the request of the Development Review Committee (DRC) i that the traffic study was approved; that no degradation of the adopted level of service (LOS) on the roads will occur; that a left-turn lane onto 12th Street will be provided as requested by Planning Staff; that 12th Street is a two-lane road; however, the long-term plan is to expand 12th Street to four lanes; that a landscape buffer will be installed around the site; that a berm area exceeding the City's landscaping requirements will be installed on Tuttle Avenue; that a fence will be erected on 12th Street; that a landscape buffer designated as Type B in the Zoning Code (1998) will completely surround the building site adjacent to the single-family residences; which is being provided in response to adjacent property owners' concerns and to preclude entry to the County's drainage lakes; that a vinyl-coated chain link fence will be erected along the entire eastern end of the site. Mr. Yoder stated that the stormwater drainage design will attenuate the discharge of stormwater through storage on the surface of the lake; that the procedure is used in most new developments; that water currently runs off to the ridge of the existing lake; that the stormwater discharge will flow in the same direction and at the same rate as the current system; that concerns were raised concerning the existing drainage conditions along the north end of Brink Avenue near the Tuttle Elementary School; that stormwater currently discharges into a ditch at the end of Brink Avenue; that a new ditch will have a pipe with the hydraulic capacity of the current ditch; that meetings with County officials identified minor grading revisions to reduce the water flowing east of Brink Avenue and to redirect some stormwater drainage to Lockwood Ridge Road; that topographic surveys were provided to the County; that the project will provide at minimum the hydraulic capacity of the current system. Attorney Rees stated that the stormwater drainage will be designed consistent with both the Southwest Florida Water Management District (SWFWMD) and City criteria. Mr. Yoder stated that is correct. Attorney Rees stated that the Applicant proffered eight conditions both voluntarily and as a result of concerns expressed at the June 23, 1999, Neighborhood Workshop and Staff meetings which are incorporated in proposed Ordinance No. 99-4162; that the proffered conditions mitigate on-site and/or off-site concerns associated with the project. Vice Mayor Pillot asked if the proffers are the same as outlined in the Agenda material? Attorney Rees stated yes; that at the July 7 and 14, 1999, meetings, the PBLP approved the project unanimously; that support for the PBLP recommendation is requested; that approval of proposed Ordinance No. 99-4162 on first reading is requested. Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that at the July 14, 1999, PBLP meeting, the PBLP voted unanimously to approve the Applicant's request to rezone the property from the RSF-3 to the RMF-3 Zone District and Site Plan Application No. 99-SP-N to allow a 320-unit apartment complex and a 5,038-square- foot clubhouse; that the applicant has given a detailed and accurate description of the proposed request; that the application as proffered meets the rezone standards of review, the RMF-3 Zone District standards and the Site Plan standards; that the property has a Multiple Family - Medium Density Future Land Use Classification; that the requested RMF-3 Zone District is one of the implementing zone districts; that the existing RSF- 3 Zone District represents a zoning enclave; meaning the existing BOOK 46 Page 18608 08/16/99 6:00 P.M. BOOK 46 Page 18609 08/16/99 6:00 P.M. zoning is no longer an implementing zone district; that the City's Comprehensive Plan encourages private initiation of enclave rezones to consistent zone districts; that rezones are reviewed on a case-by-case basis to determine compatibility, appropriate timing and development trends in the area; that the Applicant made several proffers to address rezoning criteria including a site plan depicting an apartment complex consistent with the surrounding land use patterns and off-site improvements mitigating potential impacts to the surrounding area; that conditions outlined in the Staff report bind the development to the Site Plan as part of the rezoning request. Ms. Murphy continued that Staff received substantial input from the neighborhood residents regarding existing stormwater drainage and traffic problems in the general area; that the Applicant explained the Site Plan and presented proffers at the June 23, 1999, Neighborhood Workshop; that the neighborhood residents are trying to petition the acceleration of the Capital Improvements Projects (CIP) timetable for 12th Street; that County stormwater representatives have been contacted to address the overall function of the existing stormwater system in the area; that a County representative spoke at the July 7 and 14, 1999, PBLP meetings; that proposed Ordinance No. 99-4162 is consistent with the City's Comprehensive Plan; that the proffers mitigate potential impacts which may be caused by the development; that residents' concerns pertaining to existing capital improvements and stormwater drainage problems will not be corrected through the development project; that residents' concerns will require further monitoring and study. Commissioner Quillin stated that residents' are petitioning to accelerate the 12th Street project; and asked if the current CIP target date for 12th Street is 2006? Ms. Murphy stated that is correct; that accelerating the CIP timetable is a concern. Commissioner Quillin stated that the improvements are from Tuttle Avenue to Beneva Road. Mayor Cardamone requested that the Atiected Persons come before the Commission. Linford Rickard, 930 N. Conrad Avenue, (34237), was no longer present in the Chambers. Wayne Stafford, 943 N. Conrad Avenue, (34237), came before the Commission and stated that stormwater drainage is a concern; that the current retention pond has flooding problems; that the current 36-inch drainage pipe is not adequate for rerouting the stormwater drainage; that attempts to relieve the stormwater drainage problems and clean the ditch have been unsuccessful; that a pipe wider than 36 inches should be considered. Mayor Cardamone requested that other interested persons come forward. There were no other interested persons signed up to speak. Mayor Cardamone requested that the Applicant and Staff come forward for rebuttal; and hearing none, requested Commissioner supplemental remarks, if any. Commissioner Quillin stated that the capital improvements for 12th Street are scheduled for 2006; that the improvements will be funded by the Florida Department of Transportation (FDOT) i that the development will impact traffic; that revisiting the project scheduling may be appropriate; that concerns regarding the stormwater drainage problems will be explored with County representatives to expedite relief to the neighborhood; that sidewalks will be installed on Tenth Street in front of the development. There was no other Commissioner supplemental remarks and Mayor Cardamone Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4162 by title only. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 99-4162 on first reading. Mayor Cardamone stated that the rezoning approval is directly related to the Site Plan for the Tuttle Avenue Apartments; that the development of the property is supported and welcomed. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes, Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. 10. CITIZENS' INPUT CONCERNING CITY TOPICS: #4 (0147) through (0330) The following person came before the Commission: Ernest Babb, 1886 Bahia Vista Street (34239), stated that Agenda Items IV-A-1 and B-1 concerned three different issues but were combined into one public hearing; therefore, the public was limited to 3 minutes to speak to complex issues; that the public would have had time to speak to each issue if separate public hearings had been held; that 3 minutes is not adequate time to address the issues; that time was not available for him BOOK 46 Page 18610 08/16/99 6:00 P.M. BOOK 46 Page 18611 08/16/99 6:00 P.M. personally to complete his presentation; that the City Attorney has indicated the Commission can grant additional time; however, granting additional time is very difficult; that more time should be allowed if complicated issues are combined; that individuals whose comments are mentioned in rebuttal should have the opportunity to respond; that further, the combined public hearing concerned both legislative and quasi-judicial issues, making addressing the issues more difficult; that the Commission is requested to allow adequate time for the public to speak if complex issues are presented together. Commissioner Hogle stated that a personal meeting with anyone desiring to present additional information concerning complex issues will be scheduled upon request. Mayor Cardamone stated that the Commission has not previously considered issues as complex as presented under Agenda Items IV-A-1 and B-1; that time was spent with the City Attorney to assure the meeting was conducted efficiently. City Attorney Taylor stated that 3 minutes was recommended due to the number of speakers; however, in retrospect, 5 minutes may have been a more reasonable time limit; that some speakers may require additional time, which should be recognized; that speakers can request additional time. Mayor Cardamone stated that speakers have requested additional time, which is sometimes granted; that considering legislative and quasi-judicial issues in one public hearing was a concern; however, providing the considerable additional required time was also a concern; that hopefully, the dilemma will not occur again in the near future. City Attorney Taylor stated that the City has been to court concerning a case involving both legislative and quasi-judicial issues; that combining the public hearings seemed more expedient; that the judge had no difficulty separating the standards of proof for the legislative and quasi-judicial issues. 11. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL COMMUNICATE WITH THE SARASOTA COUNTY SCHOOL BOARD TO SCHEDULE A JOINT MEETING ON NOVEMBER 2 OR 9, 1999 (AGENDA ITEM X) #4 (0330) through (0440) COMMISSIONER HOGLE: : A. stated that the City's revised Web site came on line over the weekend; that the Web site is a work in progress but is much improved; that Mary Scott, Director of Information Systems Technology (IST), and IST Staff are complimented for the effort; that additionally, the Police Department was complimentary concerning the liaison between IST and the Police Department. COMMISSIONER QUILLIN: A. referred to the City Manager's August 9, 1999, Commission Information Memorandum indicating the City received the Distinguished Budget Award for 1998/99 from the Government Finance Officers Association for the ninth consecutive year; that an official presentation at a public meeting would be appropriate. Mayor Cardamone agreed; and stated that an official public presentation has always been made. MAYOR CARDAMONE: : A. stated that the Commission has been interested in scheduling a meeting with the Sarasota County School Board; that meeting dates of November 2, as the first choice, and November 9, 1999, at 9 a.m. are suggested; that hearing the Commission's agreement, the Administration will communicate with the Sarasota County School Board.to schedule a joint meeting. 12. ADJOURN (AGENDA ITEM XII) #4 (0440) There being no further business, Mayor Cardamone adjourned the Regular meeting of August 16, 1999, at 11:05 p.m. skcce MOLLIE C. CARDAMONE, MAYOR A ES * STE a a E Relun 40 ILLY t ROBINSON, CITY AUDITOR AND CLERK 9 / BOOK 46 Page 18612 08/16/99 6:00 P.M.