CITY OF SARASOTA Planning and Development Division Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY December 9, 2020, at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Planning Board Damien Blumetti, Chair Members Present: Kathy Kelley Ohlrich, Vice Chair Members Patrick Gannon, David Morriss, Terrill Salem City Staff Present: Mike Connolly, Deputy City Attorney Joe Mladinich, Assistant City Attorney Steven R. Cover, Planning Director, Planning Department Ryan Chapdelain, General Manager, Planning Department Gretchen Schneider, General Manager, Development Services Department Mark Miller, Senior Arborist, Development Services Department Donald Ullom, Arborist, Development Services Department Miles Larsen, Manager, Public Broadcasting Karen Grassett, Sr. Planning Technician, Development Services Department 1:30:10 P.M. I. CALL MEETING TO ORDER AND ROLL CALL PB Chair Blumetti called the meeting to order and Director Cover acting as the Planning Board' s Secretary] read the roll call. II. CHANGES TO THE ORDER OF THE DAY PB Chair Blumetti asked if there were any changes to the order of the day. Secretary Cover stated the need to discuss the Quay Sarasota Blocks 4 & 5 and Bath and Racquet Club applications that are on the agenda. PB Chair Blumetti noted that was due to the two-hour window available for today's meeting based on some of the PB Member's concerns with attending in-person meetings. Discussion ensued regarding the need to devise a process where development applications canl bel heard in a timely manner withoutholding special meetings.rotating the Planning Board members between the Commission Chambers and other locations at City Hall; the length of the meetings in general; ensuring attendees comply with the face mask mandate; and the ability to test attendees. III. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE TO THE PUBLIC: At this time anyone wishing to speak at the following public hearings will be required to take an oath. (Time limitations will be established by the Planning Board.) 1:44:39 P.M. A. Reading ofthe Pledge ofConduct Secretary Cover administered the Pledge of Conduct and reiterated the need to comply with the face mask requirements. Attorney Connolly discussed the proposed time limits Minutes of the Regular Planning Board Meeting December 9, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 2 of 7 for the legislative public hearing noting the quasi-judicial public hearings would not be heard this evening. By consensus the Planning Board agreed that the public would be given three minutes to provide their input for the legislative public hearing. PB Chair Blumetti recommended the Planning Board members be given fifteen consecutive minutes to ask questions noting he would then go back around once that has been completed. Discussion ensued. By consensus the Planning Board agreed that each member would be given fifteen consecutive minutes to ask questions then an additional five minutes for follow-up questions if needed. Attorney Connolly administered the oath for all present who intended to speak in the public hearing. 1:49:12 P.M. B. Legislative Public Hearings 1. Zoning Text Amendment Application No. 20-ZTA-07: An Ordinance of the City of Sarasota, Florida amending the Zoning Code (2002 Edition) of the City of Sarasota by amending Article II, Definitions and Rules of Construction, Division 2, Section II-201, Definitions; Article IV, Development Review Procedures, Division 6, Sections IV-601 and IV-606; Article VII, Regulations of General Applicability, Division 3.1, Tree Protection, Sections 309 through 328, and adding new Sections 329 through 332; providing for severability, providing for reading by title only; and providing for an effective date. (Gretchen M. Schneider, General Manager, Development Services) PB Chair Blumetti opened the public hearing. Assistant City Attorney Mladinich introduced himself; Gretchen Schneider, General Manager, Development Services Department; Mark Miller, Senior Arborist, Development Services Department; Donald Ullom, Arborist, Development Services Department; Michael Halflants, Chair of the Tree Advisory Committee; Michael Gilkey, Vice Chair of the Tree Advisory Committee; and Mary Furst, Tree Committee member for the record. Attorney Mladinich discussed the history of the Tree Advisory Committee (TAC); stated two main themes came out of the discussions during the TAC: meetings, a lack of flexibility and intelligent planting (the need for an emphasis to be placed on placing the right tree in the right location); discussed the proposed revisions to the Tree Protection Ordinance relating to the tree replacement criteria (reducing the minimum replacement size); noted mitigation requirements had been increased to an aggregate inch for inch total replacement size; said a fee can be paid into the Tree Replacement Fund in lieu of planting mitigation trees; and pointed out that single-family homeowners are provided more flexibility when redoing their landscaping; discussed the proposed revisions relating to intelligent planning noting if the right tree is not planted in the right location the tree will not count as a replacement tree; noted an incentive category has been created that allows for 50% bonus points towards mitigation; and pointed out an undesirable tree category has also been established that allows for an undesirable tree to be removed without any required mitigation while prohibiting an undesirable tree from being used as a replacement tree. Minutes of the Regular Planning Board Meeting December 9, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 3 of 7 General Manager Schneider discussed the staff recommended changes that were sent the evening before noting those recommendations are proposed enhancements to the TAC recommendations; and pointed out staff recommendation number six is no longer applicable because the issue is addressed by State Statutes. PB Chair Blumetti invited Mr. Halfants, Chair of the TAC, and Mr. Gilkey, Vice Chair of the TAC to the table to assist with answering questions. 2:07:54 P.M. PB Member Morriss requested clarification regarding the provision for relief from sign regulations and questioned how the residential re-landscaping provisions would be implemented and monitored. Attorney Mladinich and General Manager Schneider responded stating the relief from the sign regulations allows for the Board of Adjustment to grant a variance to sign regulations in order to save a tree; said the intent of the re- landscaping provisions is to allow for flexibility for single family homeowners; noted tree mitigation requirements are still applicable and 25% is the maximum decrease in the canopy allowed; and stated specific procedures for permitting and implementing the provisions will be developed once the revisions to the tree ordinance are approved. PB Vice Chair Ohlrich commended the TAC and staff for their work; questioned how the proposed changes fit with the new Chapter 5 of the Engineering Design Criteria Manual (EDCM); questioned the use of "can" versus "shall" in the ordinance; and noted a discrepancy in staff' S reference to a section in the Code in their recommendation number eight. General Manager Schneider pointed out the new Chapter 5 of the EDCM addresses trees in the right-of-way; and noted the Code reference discrepancy was a typo. Attorney Mladinich agreed the term "can" should be replaced with "shall". PB Member Gannon commended the TAC and staff for their efforts; questioned why Objective #6 from the Environmental Protection and Coastal Islands Chapter of the Comprehensive Plan was not included in the background information; recommended the work "more" be added before the word "trees" in item (2) on page 11 of the staff report; recommended Preserve the tree canopy" as number one on the list of purposes on page 12; questioned why the Director of Public Works rather than the Arborist approves replacement trees in the right-of-way; recommended "at maturity" be added after "10 feet in height" to staff's proposed definition of canopy tree; pointed out the word "or" after "upon a finding by City Arborist" in staff recommendation number 7 needs to be eliminated; and suggested developers would only use the trees on the incentive list. Mr. Gilkey stated 'preserve tree canopy" was not on the list of purposes because the intent is the promotion of a healthy, diverse canopy. Mr. Halflants noted the focus is on incentivizing planting versus preserving in order to maintain a larger canopy. General Manager Schneider pointed out the Public Works Department has arborists on staff and noted City Departments coordinate with each other; Senior Arborist Miller agreed "at maturity" should be added after "101 feet in height" to staff's] proposed definition of canopy tree; and General Manager Schneider noted the word "or" after "upon a finding by City Arborist" in staff recommendation number 7 was a typo. Discussion ensued regarding the list of incentive trees versus allowable trees. Minutes of the Regular Planning Board Meeting December 9, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 4 of 7 PB Member Salem had no questions. PB Chair Blumetti questioned what the cost per inch is if paying into the tree mitigation fund; questioned what recourse there is if a tree extends over the sidewalk and if bushes were included in that requirement; questioned if the trees on the incentive list were the only ones that will be protected during construction; and stated he felt the requirements related to the removal of specimen trees on residential properties was too rigid. General Manager Schneider stated the costs are included in the fee resolution, noting staff recommended some changes to the fees. Mr. Halflants pointed out the cost for new development is proposed to be increased from $40 to $125 per one inch dbh and the cost for a grand tree (or specimen tree) is proposed to be increased from $70 to $300 per one inch dbh. General Manager Schneider confirmed bushes as well as trees cannot extend over the sidewalk not stated if a violation occurs Code Enforcement staff educates the offender and if the situation is not corrected in a timely manner a citation is issued. Attorney Mladinich stated all trees on the list of protected trees are protected during construction, notj tjust the trees on the incentive list. Discussion ensued regarding what trees should be on the incentive list. Mr. Halflants stated specimen trees on residential properties can be removed without paying into the tree fund if they are in poor condition; noted the definition had been expanded to be more flexible; and pointed out the need for flexibility given the applicable State Statutes that allows for the removal could be used as justification otherwise. 2:53:27 P.M. Citizen Input: Mr. Phillip Smith, Landscape Architect, appeared and thanked the TAC for their work; stated his objection changing grand tree" to "specimen tree"; pointed out a homeowner could reduce their canopy in increments of 25% versusj just one time based on the proposed language; suggested the definition of canopy tree be reviewed noting the current proposed language allows for a palm tree to qualify; stated the need to add additional species of palms to the protected tree list; and pointed out conflicts between the proposed language in the tree ordinance and language in the Zoning Code regarding landscape buffers. Ms. Mary Furst signed up to speak but declined when called upon. Mr. Lou Costa appeared and stated his concerns had been addressed sO he supports the proposal; and thanked the TAC. Mr. Rob Patten appeared and pointed out the process has been on-going for two years; said he felt there was good compromise with added flexibility and certainty; stated the need for a wholistic approach; and stated the importance of implementing the Urban Forest Program that the TAC recommended. Mr. Jono Miller appeared and thanked the TAC; agrees that other species of palm trees need to be added to the list of protected trees; discussed the benefits of cabbage palms; stated he felt botanical gardens should not be exempt from the permitting requirements; Minutes of the Regular Planning Board Meeting December 9, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 5 of 7 and suggested the provision that dead trees shall be removed be revisited, noting certain species of birds nest in dead trees. 3:05:08 P.M. PB Member Morriss questioned what the best approach to making a motion(s) would be given the PB's recommended revisions. Attorney Connolly suggest a recommendation on balance followed by specific recommendations if needed. PB Vice Chair Ohlrich requested staff respond to Mr. Smith's comments regarding conflicts with the Zoning Code. Senior Arborist Miller stated staff was aware of those conflicts and they would be resolved. Discussion ensued regarding the list of proposed revisions the Planning Board recommended for inclusion in the motion. The list of proposed revisions includes: add Objective #6 from the Environmental Protection and Coastal Islands Chapter of the Comprehensive Plan to the background section; change "may" to "shall" in #2 on the top of page 23 of the staff report; correct the Code reference in staff recommendation #4 to VII- 316; strike staff recommendation #6; delete the word "or" after "architect or arborist" in staff recommendation #7; change the word "cannot" to "shall not" in staff recommendation #8; strike staff recommendation #11; and add "at maturity" after "10 feet in height" to staff' S proposed definition of canopy tree. Discussion ensued regarding the use of 'specimen" tree versus "grand" tree and the requirements for removing a specimen tree if: it is in poor condition. 3:15:10 P.M. PB Chair Blumetti closed the public hearing. PB Member Gannon made a motion to find 20-ZTA-07, with the edits the Planning Board has recommended, consistent with the Sarasota City Plan (2030) and find that it satisfies the Standards for Review in Zoning Code Section IV-1206 and recommend approval to the City Commission. PB Vice Chair Ohlrich seconded the motion. The motion passed 5/0. C. Quasi-judicial Public Hearings (Continued to January 13, 2021) 1. Quay Sarasota Blocks 4 & 5 (333N. Tamiami Trail): Site Plan Application No. 20-SP-08 is a request for Site Plan approval to construct an 18 story multi-family residential development consisting of 149 residential units on Blocks 4 & 5 located on the southeast portion of the Quay Sarasota site located in the Downtown Bayfront (DTB) zone district with a street address of 333 N. Tamiami Trail. (Lucia Panica, Director, Development Services Department) 2. Bath and Racquet Club (2170 Robinhood Street and 2104 Robinhood Street): Rezone Application No. 20-REN-03 is a request to rezone the 13.45 acre site with a street address of 2170 Robinhood Street and 2104 Robinhood Street from Office Neighborhood District (OND) and Intensive Commercial District (ICD) to Office Regional District (ORD) and Commercial Storefront District (CSD). The rezone petition is subject to proffers which will limit the intensity and density of the development upon the property and establish Minutes of thel Regular Planning Board Meeting December 9, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 6 of7 additional development parameters for the development on the property. The Future Land Use for the property is Community Office/Institutional and Community Commercial. (Chris Brown, Development Review Senior Planner, Development Services) 3:17:39 P.M. IV. CITIZEN'S INPUT NOTICE1 TO' THE PUBLIC: At this time Citizens may address the Planning Board on topics of concern. Items which have been previously discussed at Public Hearings may not be addressed at this time. (A maximum 5-minute time limit.) There was no citizen input. 3:17:40 P.M. V. APPROVAL OF MINUTES 1. September 22, 2020 2. September 23, 2020 3. October 21, 2020 The Planning Board, by consensus, approved the September 22, 2020; September 23, 2020; and October 21, 2020 minutes as presented. VI. PRESENTATION OF TOPICS BY STAFF Items presented are informational only (no action taken). Any issue presented that may require future action will be placed on the next available agenda for discussion. There were no topics by staff. 3:18:07 P.M. VII. PRESENTATION OF TOPICS BY PLANNING BOARD Items presented are informational only (no action taken). Any issue presented that may require future action will be placed on the next available agenda for discussion. 1. Rules of Procedure (Damien Blumetti, Chair) PB Chair Blumetti stated the only revision to the Rules of Procedure was changing the time limits for citizen input on legislative matters from 5 minutes to 3 minutes. PB Member Gannon made a motion to approve the revised Rules of Procedure. PB Chair Blumetti seconded the motion. The motion passed by consensus. 3:19:04 P.M. Attorney Connolly requested a motion to continue the quasi-judicial public hearings for 20- SP-08 and 20-REN-07 that were on this evening's agenda. PB Vice Chair Ohlrich made a motion to continue said petitions to the January 13, 2021 meeting. PB Chair Blumetti seconded the motion. The motion passed unanimously. Minutes of the Regular Planning Board Meeting December 9, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 7 of7 Attorney Connolly announced that the public hearings for 20-SP-08 and 20-REN-07 have been continued to the January 13, 20201 Planning Board meeting commencing at 1:30 PM in the City Commission Chambers, 1565 First Street. Discussion ensued regarding the items that will be on the January 13, 2021 agenda. Secretary Cover stated the two continued public hearings will be first, noting any other items can be scheduled for the February 10, 2021 meeting. 3:21:32 P.M. VIII. ELECTION OF OFFICERS PB Chair Blumetti stated itl had been an honor to serve as Chair; thanked the other PB members and City staff; and nominated PB Vice Chair Ohlrich for Chair. PB Member Salem seconded the motion. Attorney Connolly noted a potential conflict with the PB Chair not being physically present for the meetings. Discussion ensued. PB Chair Blumetti nominated PB Member Salem for Vice Chair noting since Mr. Salem is always present in-person he could preside as Chair in Ms. Ohlrich's physical absence. PB Member Gannon noted the meetings should be held in-person again in the near future and seconded the motion to appoint PB Member Salem as Vice Chair. Discussion ensued regarding the definition of present". The motions passed 5/0. PB. Member Salem questioned if the PB members would be: rotating in the Chambers for future meetings. PB Vice Chair Ohlrich stated as Chair she will work with staff on the logistics for future meetings. The Planning Board members thanked Mr. Blumetti for his service as Chair. IX. ADJOURNMENT The meeting adjourned at 3:30:11 P.M. Bah, MhRmn - Steven R. Coyer, Planning Director Kathy Kelléy Ohlrich, Chair Planning Department Planning Board/Local Planning Agency [Secretary to the Board]