BOOK 58 Page 29899 08/04/05 6:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF AUGUST 4, 2005, AT 6:00 P.M. PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd "Glossie" Atkins, Commissioners Danny Bilyeu, Lou Ann R. Palmer, and Ken Shelin, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson ABSENT: None Mayor Servian called the meeting to order at 6:00 p.m. INVOCATION/PLEDGE OF ALLEGIANCE: City Auditor And Clerk Robinson 1. NON QUASH-JUDICIAL PUBLIC HEARING 1) SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4628, TO REZONE VARIOUS PROPERTIES LOCATED IN THE GILLESPIE PARK AND PARK EAST NEIGHBORHOODS AND MORE PARTICULARLY DESCRIBED HEREIN TO THE DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICT, AN URBAN ZONE DISTRICT, GENERALLY APPROPRIATE FOR RESIDENTIAL NEIGHBORHOODS LOCATED IN CLOSE PROXIMITY TO DOWNTOWN; ALLOWING A MAXIMUM OF TWELVE (12) DWELLING UNITS PER ACRE AND A MAXIMUM BUILDING HEIGHT OF THREE (3) STORIES; ALLOWING FOR CERTAIN DEVELOPMENT RIGHTS UNDER EXISTING ZONING TO TEMPORARILY CONTINUE AND PROVIDING FOR VESTING OF CERTAIN DEVELOPMENT RIGHTS; ETC. (APPLICATION NO. 05-RE-15, CITY OF SARASOTA) (AGENDA ITEM I-1) AND 2) SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4629, TO REZONE VARIOUS PROPERTIES LOCATED IN DOWNTOWN SARASOTA AND MORE PARTICULARLY DESCRIBED HEREIN TO THE DOWNTOWN EDGE (DTE) ZONE DISTRICT, AN URBAN MIXED USE ZONE DISTRICT GENERALLY APPROPRIATE FOR PROPERTIES LOCATED ADJACENT TO RESIDENTIAL NEIGHBORHOODS; ALLOWING A MAXIMUM OF 25 DWELLING UNITS PER ACRE AND A MAXIMUM :'ILDING HEIGHT OF FIVE (5) STORIES; EXCEPT FOR THE PORTION OF A SITE WIT!'IN 100 FEET OF PROPERTY ZONED DTN OR RSM-9 WHERE A LOWER 'E,GHT LIMIT. SHALL APPLY AS MORE FULLY SPECIFIED IN TABLE VI-1003 OF THE DOWNTOWN CODE; ALLOWING FOR CERTAIN DEVELOPMENT RIGHTS UNDER EXISTING ZONING TO TEMPORARILY CONTINUE AND PROVIDING FOR VESTING OF CERTAIN DEVELOPMENT RIGHTS; ETC. (APPLICATION NO. 05-RE-14, CITY OF SARASOTA) (AGENDA ITEM -2) AND 3) SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4630, TO REZONE VARIOUS PROPERTIES LOCATED IN DOWNTOWN SARASOTA AND MORE PARTICULARLY DESCRIBED HEREIN TO THE DOWNTOWN CORE (DTC) ZONE DISTRICT, AN URBAN MIXED USE ZONE DISTRICT GENERALLY APPROPRIATE FOR THE HEART OF DOWNTOWN, ALONG THE MAIN STREET CORRIDOR FROM FIVE POINTS TO SCHOOL AVENUE; ALLOWING A MAXIMUM OF 50 DWELLING UNITS PER ACRE AND A MAXIMUM BUILDING HEIGHT OF TEN (10) STORIES; (EXCEPT THAT TWO BUILDINGS UP TO A MAXIMUM OF 180 FEET IN HEIGHT MAY BE APPROVED WITHIN THE AREA BOUNDED BY FRUITVILLE ROAD, WASHINGTON BLVD., RINGLING BLVD. AND PINEAPPLE AVE. AS PROVIDED IN SEC. VI-1005G OF THE DOWNTOWN CODE; AND EXCEPT THAT AN EXISTING BUILDING OVER 10 STORIES IN HEIGHT MAY BE VOLUNTARILY OR INVOLUNTARILY REMOVED, DEMOLISHED OR DESTROYED AND REPLACED WITH A NEW BUILDING OF THE SAME HEIGHT OR 10 STORIES, WHICHEVER IS GREATER); ALLOWING FOR CERTAIN DEVELOPMENT RIGHTS UNDER EXISTING ZONING TO TEMPORARILY CONTINUE AND PROVIDING FOR VESTING OF CERTAIN DEVELOPMENT RIGHTS; ETC. (APPLICATION NO. 05-RE-12, CITY OF SARASOTA) (AGENDA ITEM I-3) AND 4) SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4631, TO REZONE VARIOUS PROPERTIES LOCATED IN DOWNTOWN SARASOTA AND MORE PARTICULARLY DESCRIBED HEREIN TO THE DOWNTOWN BAYFRONT (DTB) ZONE DISTRICT, AN URBAN MIXED USE ZONE DISTRICT GENERALLY APPROPRIATE FOR THE DOWNTOWN SARASOTA BAY FRONT AREAS BETWEEN MOUND STREET AND 10TH STREET WHICH ARE NOT DEVOTED TO RECREATIONAL USES; ALLOWING A MAXIMUM OF 50 DWELLING UNITS PER ACRE AND A MAXIMUM BUILDING HEIGHT OF EIGHTEEN (18) STORIES; ALLOWING FOR CERTAIN DEVELOPMENT RIGHTS UNDER EXISTING ZONING TO TEMPORARILY CONTINUE AND PROVIDING FOR VESTING OF CERTAIN DEVELOPMENT RIGHTS; ETC. (APPLICATION NO. 05-RE-13, CITY OF SARASOTA) (AGENDA ITEM I-4) An introduction was given by Deputy Director of Planning and Redevelopment Michael Taylor and Redevelopment Specialist Karin Murphy. The following peopie spoke: Kate Lowman representing the Laurel Park. (FTR 6:18) Michael Furen; Attorney, and Bruce Franklin representing Michael Saunders concerning the impact on property values of the amendments and a transitional timeline between the current Zoning Code (2002 Ed.) and the Downtown Code. (FTR 6:34) Dick Dickinson (FTR 6:40) Attorney Furen representing Sy and Linda Sherr, El Panifico, NCN Realty, LLC, Lemon Avenue Il, LLC, Irish American Management Services Limited I, LP, and Kolter Realty, Inc. (FTR 6:51) Stephen Rees, Attorney, representing Devin and Marian Rutkowski and Kathy Dougan (FTR 7:15) Janice Green representing Save Our Sarasota (FTR 7:16) Chris Cambert (FTR 7:19) Sam Holladay (FTR )7:22 Donald Chaney (FTR 7:26) John Susce representing the Park East Neighborhood Association (FTR 7:31) Chris Brown FTR 7:35) The Commission recessed at 7:35 p.m. and reconvened at 7:45 p.m. BOOK 58 Page 29900 08/04/05 6:00 P.M. BOOK 58 Page 29901 08/04/05 6:00 P.M. The following people spoke: Dick Sheldon (FTR 7:47) Tracy Topjun (FTR 7:50) Tony Souza representing the Downtown Partnership (FTR 7:54) Harry Rosenblum representing South Pineapple Partners, LLC (FTR 8:02) Craig Colburn, Attorney, representing Gillespie Park Villas, By the Park Developments, Designology, Inc., Fruitville Downtown Development, LLC, and Alex Lancaster (8:15) Denise Kowal representing property owners in the Burns Court area (8:22) Dale Adcock representing The Original Gillespie Park Neighborhood Association (FTR 8:27) Jim Duffy representing the Gillespie Park Neighborhood Association (FTR 8:29) Pola Sommers (FTR 8:31) Yvonne Lacey representing the Indian Beach Sapphire Shores Association (FTR 8:33) Robert Lincoln, Attorney, representing Lemon Avenue Partners and Sandcastles of Sarasota. (FTR 8:40) Robert Steupoer (FTR 8:47) The Commission recessed at 8:45 p.m. and reconvened at 9:00 p.m. A presentation indicating the various Issue Areas of the Proposed Downtown rezoning was given by Deputy Planning and Redevelopment Director Taylor and Redevelopment Specialist Murphy. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the Planning Board/Local Planning Agency (PBLP) for no change to the proposed zoning map of the Downtown Edge (DTE) Zone District at Issue Area 1, the Pineapple Avenue, Orange Avenue, and Ringling Boulevard triangle area and not to maintain the existing Commercial Central Business District (CCBD) Zone District or expand the Downtown Bayfront (DTB) Zone District or Downtown Core (DTC) Zone District to the area. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the PBLP for no change to the proposed zoning map of the DTE Zone District and DTC Zone District for Issue Area 2, at 229 South Osprey and 1765 Morrill Street, and not to change the sites to DTC Zone District. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the PBLP for no change to the proposed zone district standards restricting height of structures within 100 feet of the DTN Zone District affecting Issue Area 2, at 1765 Morrill Street, but to consider the requested change as part of a Zoning Text Amendment. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the PBLP for no change to the proposed zoning map of the DTE Zone District of Issue Area 3, along the 500 and 600 block east of South Washington Boulevard, as the existing use would be allowed through a minor conditional use approval and the proposed zoning allows a wide variety of uses, taller buildings, reduced setbacks and lower parking requirements. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the PBLP for no change to the proposed zoning map of the DTE Zone District for Issue Area 4, North Washington Boulevard corridor, as the existing use would be allowed through a minor conditional use approval. City Attorney Fournier stated that concerning Issue Area 5, he recommended and the PBLP agreed the parcels on the north side of Fruitville Road between Lemon and Orange Avenues should not be rezoned at this time but should consider a rezoning at the same time as parcels in the immediate vicinity. City Attorney Fournier stated that the Commission lacks the legal authority to rezone the properties on the south side of Fourth Street in Issue Area 5 to the DTE Zone District from the DTN Zone District unless the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) is amended. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the PBLP for no change to the proposed zoning map of the DTE Zone District of Issue Area 5, the north side of Fruitville Road to Fourth Street, with the exception of the parcels between Lemon and Orange Avenues, and directed Staff to review the side yard setback and lot size requirements of certain lots in the area. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the PBLP for no change to the proposed zoning map of the DTN and DTE Zone Districts creating a split in the zoning of some properties in Issue Area 6, Fruitville Road West of US 301 area, as the Commission directed Staff to evaluate the area during the Evaluation and Appraisal Report (EAR) process. In response to a question from Commissioner Bilyeu, Deputy Director Taylor stated that final adoption of an amendment to the City's Comprehensive Plan, based on the EAR would require approximately two years but could be done more quickly. City Attorney Fournier stated that the EAR will be completed by the fall of 2005 and an amendment to City's Comprehensive Plan could be expedited at that time if desired. Deputy Director Taylor stated that the amendments to the City's Comprehensive Plan based on the EAR will take approximately two years and a normal cycle for an amendment to the City's Comprehensive Plan requires approximately 18 months. Redevelopment Specialist Murphy stated that some property owners in Issue Area 7 have already received approval for rezoning to the DTE or DTN Zone District so no action was taken by the PBLP; that the property owners requested amendments to the City's Comprehensive Plan concerning minimum lot size, minimum side setbacks, the 100 foot lot width requirement in the DTC Zone District and the use of alleys for access in the DTN Zone District. Deputy Director Taylor stated that an adjustment can be requested seeking relief from the requirement to develop the entire length of the alley if an economic hardship exists. In response to a question from Commissioner Palmer concerning parking requirements for accessory dwelling units, Deputy Director Taylor stated that the Commission directed Staff to consider increasing the parking in the Downtown zone districts and a recommendation will be returned to the Commission. Mayor Servian noted Commission consensus to direct Staff to consider parking requirements for accessory dwelling units and the development of unimproved alleyways in the Downtown area. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the PBLP for no change to the proposed zoning of the DTE and DTB Zone Districts of Issue Area 8, Rosemary Area, and not maintain the CCBD Zone District or change to the DTB Zone District. BOOK 58 Page 29902 08/04/05 6:00 P.M. BOOK 58 Page 29903 08/04/05 6:00 P.M. Mayor Servian noted Commission consensus to affirm the recommendation of Staff and the PBLP for no change to the proposed zoning of DTC and DTB Zone Districts of Issue Area 9, Downtown Core area, and not to maintain the CCBD Zone District or change to the DTB Zone District. City Attorney Fournier stated that for Issue Area 10 the recommendation is to rezone all the submerged lands the same as The Sarasota Quay, which is the DTB Zone District. Mayor Servian noted Commission consensus to affirm the recommendation of the City Attorney and the PBLP to rezone the Sarasota Quay Basin Issue Area 10, Sarasota Quay Basin to the DTB Zone District. Mayor Servian noted Commission consensus to affirm the determination of Staff and the acknowledgement. by the PBLP no change to proposed zoning map is possible at this time to areas outside the study area, specifically S requested for the 300 to 600 blocks on the east side of South School Avenue, also known as the "Scotty's and Lovingood warehouse" sites. City Attorney Fournier stated that the second vote concerning proposed Ordinance Nos. 05-4628, 05- 4629, 05-4630, and 05-4631 should be placed on a future Agenda under Unfinished Business rather than a Consent Agenda. A motion was made by Commission Palmer, seconded by Commission Shelin, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4628 on first reading. (FTR 10:45) A motion was made by Commission Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4629 with the exception of properties between Lemon and Orange Avenues on the north side of Fruitville Road to Fourth Street on first reading. (FTR 10:48) A motion was made by Commissioner Bilyeu, seconded by Commissioner Palmer, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4630 on first reading. (FTR 10:50) A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4631 on first reading. (FTR 10:52) 2. CITIZENS' INPUT (AGENDA ITEM II) No one signed up to speak. 3. ADJOURN (AGENDA ITEM IV) There being no further business, Mayor Servian adjourned the Special Meeting of the City Commission of August 4, 2005, at 10:52 p.m. M ha - a MAAY ADINE SERVIAN, MAYOR - ETEST: BIEEV'EA RDENSGN-CITY, AUDITOR AND CLERK 910 BOOK 58 Page 29904 08/04/05 6:00 P.M.