CITY OF SARASOTA Development Review Division Development Services Department MINUTES OF THE REGULAR MEETING OF THE. PLANNING BOARD/LOCAL PLANNING AGENCY April 12, 2023 at 9:00 a.m. in the Sarasota City Commission Chambers Planning Board Dan Clermont, Chair Members Present: Michael Halflants, Vice Chair Members Damien Blumetti, Kathy Kelley Ohlrich, Terrill Salem Planning Board Members Absent: City Staff Present: Mike Connolly, Deputy City Attorney Myra Schwarz, General Manger, Development Services Alison Christie, AICP, Development Review Chief Planner Tom Sacharski, AICP, Development Review Senior Planner Miles Larsen, Manager, Public Broadcasting John Nopper, Coordinator, Public Broadcasting Karen Grassett, Sr. Planning Technician, Development Services 9:19:18 A.M. I. CALL MEETING TO ORDER AND ROLL CALL PB Chair Clermont called the meeting to order. General Manager Schwarz [acting as the Planning Board's S Secretary] called the roll. II. PLEDGE OF ALLEGIANCE 9:20:20 A.M. III. CHANGES TO THE ORDER OF' THE DAY Attorney Connolly discussed the public hearing for 23-DA-01 on today's agenda stating that application was continued from the 3/8/23 Planning Board meeting; stated during the discussion at that meeting PB Member Halflants had criticized the design; said PB Member Halflants had informed him on 4/6/23 that one of the partners of the Quay Blocks 1 & 9 project had contacted him and offered him a project in his capacity as an architect; said the case planner was informed that PB Member Halflants would not be participating in the voting on the matter today and Alternate PB Member Christy could not participate since his wife is a realtor representing multiple purchasers of units in the Quay Blocks 1 & 9 project; stated the case planner notified staff, the Development Services Director in turn notified the City Manager, and the City Manager in turn notified the City Commissioners; stated on 4/10/23 the City Manager instructed the Police Department to investigate; said a preliminary investigation was completed on 4/11/23 that resulted in the opening of an on-going criminal investigation; stated as a result, the City Manager and Deputy City Manager made the determination that the Quay Blocks 1 & 9 development application public hearing would not occur until such time the criminal investigation is completed; pointed out that the PB members will likely be contacted by Minutes of thel Regular Planning Board Meeting April 12, 2023 at 9:00 a.m. in the Sarasota City Commission Chambers Page 2 of 6 investigators; cautioned that they should speak loudly, clearly and truthfully; stated he had been personally threatened with a defamation lawsuit; and announced the public hearing scheduled on today's agenda is cancelled. Discussion ensued regarding the two quasi-judicial public hearings on today's agenda. Attorney Connolly stated the two public hearings can be combined however two separate motions and votes would be required. IV. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE TO THE PUBLIC: At this time anyone wishing to speak at the following public hearings will be required tot take an oath. (Time limitations will be established by the Planning Board.) 9:26:12 A.M. A. Reading ofthe Pledge ofConduct Secretary Schwarz read the Pledge of Conduct. Attorney Connolly recommended time limits for the presentations that will follow; and noted there are: no Affected Persons for today's meeting. PB Member Blumetti asked if the PB members needed to hire their own attorneys regarding the Quay Blocks 1 & 9issue. Attorney Connolly stated the PB members could contact him with any questions. Discussion ensued regarding the potential ramifications and the indemnification of the PB members by the City. PB Member Salem asked that information provided to PB member Blumetti be shared. PB Member Blumetti stated for the record that his comments/questions were no admission of guilt. B. Legislative Public Hearings 1. Quay Development Agreement Amendment (301, 401, 468, 555 & 601 Quay Commons) [Continued From 3/8/23): Development Agreement Application No. 23- DA-01 is an application seeking approval to amend the Quay Sarasota Development Agreement to allow for submission of a Block Site Plan application reflecting vertical development over Quay Commons between Blocks 1 and 9. The entire Quay Sarasota site is approximately 14.69 acres and is located within the Downtown Bayfront (DTB) zone district and a Future Land Use (FLU) classification of Downtown Bayfront. (Tom Sacharski, Development Review Senior Planner) The public hearing was cancelled. 9:29:00 A.M. C. Quasi-judicia! Public Hearings 1. 2nd Street Renovation [Second Street Two] (2277 2nd Street and 2280 Aspinwall Street: Site Plan Application No. 20-SP-11, Minor Conditional Use Application No. 20- MCU-02 and Minor Conditional Use Application No. 23-MCU-04 are a request for Site Plan approval and Minor Conditional Use approval for a proposed 8,320 square foot Minutes of the Regular Planning Board Meeting April 12, 2023 at 9:00 a.m. in the Sarasota City Commission Chambers Page 3 of 6 Motor Vehicle Sales Agency (20-MCU-02) and Motor Vehicle Repair Use (23-MCU-04) with street addresses of 2277 2nd Street and 2280 Aspinwall Street. Ingress and egress are proposed from 2nd Street and the alley between 2nd Street and Aspinwall Street. The site has a Future Land Use classification of Urban Edge and is zoned Downtown Edge (DTE). (Alison Christie, AICP, Development Review Chief Planner) 2. Second Street One (2221 2nd Street): Site Plan Application No. 23-SP-08, Minor Conditional Use Application No. 23-MCU-02 and Minor Conditional Use Application No. 23-MCU-03 are a request for Site Plan approval and Minor Conditional Use approval for a Motor Vehicle Sales Agency (23-MCU-02) and Motor Vehicle Repair Use (23-MCU-03) on a 0.51-acre subject parcel with a street address of 2221 2nd Street. The existing 5,380 square foot building on the site is proposed to remain. The site has a Future Land Use classification of Urban Edge and is zone Downtown Edge (DTE). (Alison Christie, AICP, Development Review Chief Planner) Attorney Connolly requested the PB members disclose any ex-parte communications. PB Member Salem stated he had done a virtual site visit. PB Chair Clermont stated he visited the site and discussed the operations with an employee of the company. There were: no other ex-parte communications. Attorney Connolly administered the oath to those wishing to speak. Applicant Presentation: Attorney Melissa Strassner, Property Owner Christopher Cogan, Architect Alan Anderson, Engineer Mike Shannon, and Landscape Architect Philip Smith appeared. Attorney Strassner discussed the applications stating the request is for two Minor Conditional Uses and associated Site Plans; noted the required Community Workshops have been held; presented graphics depicting the location, Future Land Use and zoning of the properties; discussed thel background of the business, approval requirements and compatibility with the surrounding area; stated the requests meet the Standards for Review; said the applicants are agreeable to the proposed conditions; and requested the PB approve the requests. In response to Attorney Strassner's statement regarding parking being blocked by trucks when they are. loading PBMember Ohlrich asked for clarification;and asked why these applications were being processed separately from a recent street vacation for the site. Attorney Connolly discussed the background of the applications. Discussion ensued. PB Member Blumetti asked how long the business has been operating, and how long Mr. Cogan has owned the properties. PB Members Halflants and Blumetti questioned why Minor Conditional Use (MCU) approval is required. Mr. Cogan stated the vehicle sales component of the business requires MCU approval. Discussion ensued regarding the vehicle repair function of the business, the timeline for processing the applications, the status of the MCU if the business no longer exists on the sites, outdoor sales, Minutes of the Regular Planning Board Meeting April 12, 2023 at 9:00 a.m. in the Sarasota City Commission Chambers Page 4 of 6 residential being a better use of the properties, and improvements Mr. Cogan has made to the properties. 9:48:57 A.M. Staff Presentation: Development Review Chief Planner Christie appeared and noted the location, Future Land Use and zoning of the sites; stated the request is for MCU approval for motor vehicle sales and repair use on both sites; stated the proposed uses already exist on the sites; said the required Community Workshop was held; stated the Development Review Committee signed-off on the applications on February 28, 2023; said the traffic impact was found to be di minimis; stated the applications meet the Standards for Review; and said staff recommends approval with conditions. PB Member Halflants questioned if the business could exist without MCU approval. Development Review Chief Planner Christie stated MCU approval is required. Attorney Connolly discussed previous litigation and noted the use is allowed to exist while the applications are being processed. Discussion ensued. PB Member Blumetti asked about the City's policy for outdoor storage. Development Review Chief Planner Christie noted in order to have outdoor storage the applications would have to be revised and additional PB approval obtained. Discussion ensued. PB Member Ohlrich noted the MCU approval with the conditions protects the area from outdoor sales. PB Member Halflants questioned why staff would approve vehicle sales and repair in the Downtown Edge (DTE) zone district, noting the negative impact those uses have on housing which is a better use of the sites. Development Review Chief Planner Christie noted there are no residential uses in this area. Discussion ensued. PB Member Ohlrich noted the PB had recently approved a car wash in the DTE zone district. PB Member Blumetti stated the requested uses are appropriate for this type of operation noting the quality of the inventory. PB Chair Clermont pointed out Second Street is a narrow road. Development Review Chief Planner Christie stated trucks will use an alley to access the site and will exit via Second Street. Discussion ensued. PB Member Blumetti asked what recourse there is if the business does not operate as presented. Attorney Connolly pointed out a MCU can be revoked if the use is not operated consistent with what is represented at the public hearing. Citizen Input: There was no public input. Minutes of the Regular Planning Board Meeting April 12, 2023 at 9:00 a.m. in the Sarasota City Commission Chambers Page 5 of 6 10:06:39 A.M. PB Member Blumetti made a motion to find that Minor Conditional Uses 20-MCU-02 and 23-MCU-04 are consistent with Section IV-906 of the Zoning Code and that Site Plan 20-SP-11 is consistent with the Tree Protection Ordinance and meets the applicable criteria of Section IV-506 of the Zoning Code and to approve the Minor Conditional Uses and Site Plan subject to the following conditions one through four. PB Member Ohlrich seconded the motion. PB Member Salem stated he would be voting no because of previous efforts to rezone the area to allow for additional density to incentivize housing. PB Member Halflants stated he agrees with PB. Member Salem. PB Member Blumetti stated mixed-uses are an asset to the downtown. Discussion ensued. PB Chair Clermont noted when he did a site visit the business was thriving; and said he did not believe the business would be an impediment to future housing development. The motion passed 3-2 with PB Members Salem and Halflants voting no. 10:11:09 A.M. PB Member Ohlrich made a motion to find that Minor Conditional Uses 23-MCU-02 and 23-MCU-03 are consistent with Section IV-906 of the Zoning Code and thatSite Plan 23-SP-08 is consistent with the Tree Protection Ordinance and meets the applicable criteria of Section IV-506 of the Zoning Code and to approve the Minor Conditional Uses and Site Plan subject to the three conditions. PB Member Blumetti seconded the motion. The motion passed 3-2 with PB Members Salem and Halflants voting no. 10:12:32 A.M. V. CITIZEN's INPUT NOTICE 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' S input. 10:12:43 A.M. VI. APPROVAL OF MINUTES 1. March 8, 2023 The minutes were approved as presented. 10:13:22 A.M. VII. 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. 1. Suggest a Special Meeting in May 2023 Minutes of the Regular Planning Board Meeting April 12, 2023 at 9:00 a.m. in the Sarasota City Commission Chambers Page 6 of 6 After discussion the PB agreed to hold a special meeting on Tuesday, May 16, 2023 at 10:00 a.m. with a hard stop at 5:00 p.m. The Planning Board requested their regular meeting of June 14, 2023 start at 1:30 p.m. PB Member Salem asked if the public hearings for the Quay Sarasota 1 & 9 project resume after PB Member Blumetti's and Ohlrich's terms expire would those hearings have to start over. Attorney Connolly stated it was likely that there will be a considerable gap between now and when those hearings are ready to resume; and stated in that event the public hearings would have to start over. Discussion ensued. 2. Semi-Action Minutes Secretary Schwarz stated staff wished to begin preparing semi-action minutes consistent with the format of the City Commission minutes. The PB agreed by consensus. 3. Propose that the Regular Start Time for all Future Planning Board Meetings be 9:00 AM After discussion the Planning Board requested their regular meetings go back to a 1:30 p.m. start time. 10:32:17 a.m. VIII. PRESENTATION OF TOPICS BY PLANNING BOARD Items presented are informational only (no action taken). Any issue presented that may require future. action will be placed on the next available agenda for discussion. There were no topics by Planning Board members. IX. ADJOURNMENT The meeting adjourned at 10:32:31 a.m. cleysily ullinom Myra Schwarz Dan Clermont, Chair General Manager and Secretary to the Board Planning Board/Local Planning Agency