CITY OF SARASOTA Development Review Division Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY FEBRUARY14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Planning Board Michael Halflants, Chair Members Present: Daniel Deleo, Vice Chair Members Dan Clermont, Shane LaMay, Terrill Salem City Staff Present: Mike Connolly, Deputy City Attorney Alison Christie, AICP, General Manager, Development Services Noah Fossick, AICP, Development Review Senior Planner Miles Larsen, Manager, Public Broadcasting John Nopper, Coordinator, Public Broadcasting Amanda Cisneros, Development Review Coordinator, Development Services 1:31:06 P.M. I. CALL MEETING TO ORDER AND ROLL CALL Vice Chair Deleo called the meeting to order. General Manager Christie (acting as the Planning Board': s Secretary) called the roll. II. PLEDGE OF ALLEGIANCE III. CHANGES TO' THE ORDER OF THE DAY Chair Halflants discussed a break in between the items. IV. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE TO' THE PUBLIC: At this time anyone wishing to speak at the following public hearings will be required to take an oath. (Time limitations will be established by the Planning Board.) A. Reading ofthe Pledge ofConduct General Manager Christie acting as Secretary read the Pledge of Conduct. B. Quasi-judicia City Attorney Connolly discussed time limits, explained Quasi-Judicial Public Hearings, and gave the oath. City Attorney Connolly mentioned affected persons for each item. 1. New Trail Plaza (4644 N. Tamiami Trail): Site Plan application No. 23-SP-19 request for Site Plan approval to construct a four-story, ninety-unit, multi-family apartment building and a three-story mixed-use building with approximately 3,040 square feet of commercial space and six residential units, and associated infrastructure. The +3.482-acre subject parcel with a street address of 4644 North Tamiami Trail is located in the North Trail Overlay District (NTOD) and has a Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 2 of 10 Future Land Use (FLU) Classification of Urban Mixed Use. Vehicular access is proposed to remain from North Tamiami Trail. All units are proposed to be attainable. (Noah Fossick, AICP, Development Review Senior Planner) City Attorney Connolly called on affected persons and questioned ex-parte communications. PB Member Clermont mentioned a meeting with staff. Applicant Presentation: Mr. Joel Freedman, Ann Marie Ellis, Anton Trojak, and Greg Giakoumis presented and gave a description of the project. Mr. Freedman discussed the location, size, zone district, and noted the property is owned by the County. Mr. Giakoumis explained Blue Sky and their affordable housing projects. Mr. Freedman discussed parking requirements, setbacks, and height. Mr. Freedman presented the Site Plan and gave a description of the number of units, parking layout, and number of stories. Ms. Ellis explained each building use, trash enclosure, office space, commercial and residential units. Mr. Freedman discussed meeting code requirements, standards for review, and pointed out access points. PB Member Salem questioned if a knee wall will be placed between the building and sidewalk. Mr. Trojak addressed PB Member Salem's question. PB Member Salem voiced concerns about the safety of residents. PB Member Lamay questioned the tree study. Ricky Peterika discussed the tree study, adjustments that are needed, impact on driveway access, and tree preservation. PB Member Lamay questioned rerouting the sidewalk to save tree number 90. Mr. Peterika addressed PB Member Lamay noting the sidewalk and solid waste collection would be impacted. PB Member Lamay continued to question tree removal. Mr. Peterika addressed PB Member Lamay's concerns. PB Member Lamay questioned the knee wall height. Anton Trojak provided a description of the knee wall. PB Member Clermont questioned anticipated commercial use, parking, AMI percentages. Mr. Giakoumis responded to PB Member Clermont. PB Member Clermont questioned access points. Mr. Freedman pointed out the access points. Vice Chair Deleo questioned the sale of the property, a contract between the city and developer addressing attainable housing. City Attorney Connolly addressed Vice Chair Deleo noting there is no Zoning Code requirement and explained the process. Vice Chair Deleo questioned the attainability requirements. Mr. Giakoumis explained the process to verify tenants meet requirements. Vice Chair Deleo questioned the number of parking spaces. Mr. Freedman discussed the parking needs for the proposed Site Plan. Vice Chair Deleo voiced concerns about the design plan for trees and preserving trees. Ricky Peterika addressed Vice Chair Deleo's concerns. Chair Halflants questioned the sale and funding. Mr. Giakoumis explained the process. Chair Halflants voiced questions developing the adjacent property and assets. Mr. Freedman addressed Chair Halflants concerns noting that the property cannot be Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 3 of 10 developed as it is not part of the current proposal. Chair Halflants voiced concerns about the height of the units along US41 and questioned the window height. Ms. Ellis addressed Chair Halflants concerns. Chair Halflants continued to voice concerns about privacy for residents inside their units. Chair Halflants questioned the number of trees being removed and number of trees staying. Mr. Peterika addressed Chair Halflants questions regarding tree removal. Staff Presentation: Noah Fossick, Development Review Senior Planner presented with a description of the property. Mr. Fossick discussed the location of the property, density, zoning, and size of the property. Mr. Fossick noted the applicant is proposing approval to construct a four story, ninety-unit multi-family building, a three-story mixed-use building, noting non- residential space and number of units, stating all units are proposed to be attainable. Mr. Fossick stated the project must be in compliance with underlying NT zone district and the North Trail Overlay District, and stated the project meets all requirements. Mr. Fossick discussed the number of trees proposed to be removed, trees to be replanted and contribution to the City's mitigation fund. Mr. Fossick discussed the Community Workshop that was held, traffic study, DRC sign-off, proposed finish floor elevation and sidewalk grade. Mr. Fossick stated staff recommends approval with conditions outlined in the staff report. PB Member Clermont questioned the traffic study. Mr. Fossick referred to the traffic study to address PB Member Clermont. Vice Chair Deleo questioned the grand trees determined to be in poor condition. Mr. Fossick noted that a report was provided and stated the city arborist conducts site visits. Vice Chair Deleo questioned if a report was completed to show the condition of each tree onsite. Mr. Fossick referred to the tree report provided by the applicant. Vice Chair Deleo questioned design alternatives in reference to the grand trees. Mr. Fossick referred to the Site Plan provided by the applicant noting that it was reviewed and approved by the City arborist. Chair Halflants questioned granting access to an adjacent park. Senior Planner Fossick explained the process if the applicant were to request access. Affected Persons: Thomas Brennan questioned how the tenants would be selected. Mr. Scott Engel explained the selection process. Mr. Brennan questioned development on the property and voiced concerns about affordable housing in one location. Mr. Brennan questioned the lack of studios. Mr. Engel explained that residents cannot afford to live in the area and the focus is to assist. families with lower incomes. Mr. Brennan continued to voice concerns about not applying the mix of incomes. 2:47:39 P.M. Citizen Input: Ms. Tammy Hattine voiced concerns about the removal of trees on the property. Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 4 of 10 Ms. Constance Propsom voiced concerns about removing the trees located at the property. Mr. Richard Harris discussed the sale of the property, and his opinion about the proposal. Mr. Quinton Clark discussed the number of trees on the property and voiced concerns about traffic. Ms. Katherine Kelly read an article about the property, discussed the proposal, voiced concerns about the trees on the property and light pollution. Staff Rebuttal: Noah Fossick, Development Review Senior Planner discussed plantings in the amenity zone, the traffic study, and photometric sight plan requirements. Applicant Rebuttal: Mr. Joel Freedman addressed the number of trees being removed. Mr. Peterika explained resistograph testing and discussed the criteria. Mr. Freedman addressed requirements for light pollution and tree number 90, noting that the tree is near the trash enclosure and would impact access. Mr. Braulio Grajales discussed meeting standards for Solid Waste, location for collection, conflicts with tree number 90. PB Member Lamay questioned relocating the enclosure and keeping trees. Secretary Christie noted that changing the Site Plan could affect different department reviews. PB Member Lamay discussed preserving specific trees. Mr. Grajales addressed PB Member Salem's concerns about a knee wall and voiced concerns about interference with a utility easement, flood plane and width of the sidewalk. Mr. Giakoumis addressed PB member Salems concerns and provided the materials for the building. Chair Halflants voiced concerns about resident privacy, parking spaces per unit, and questioned developing the east side of the property. Mr. Freedman addressed Chair Halflants and discussed options for the development. Chair Halflants questioned accessibility to the portion of the property. Mr. Freedman noted developing the portion is not in the plan. Secretary Christie explained the buffer type and zoning. Chair Halflants questioned Mr. Peterika's recommendations regarding trees. Mr. Peterika addressed Chair Halflants. Planning Board members discussed the proposal. Vice Chair Deleo voiced concerns about noncompliance with the tree ordinance. Chair Halflants voiced concerns about privacy for residents regarding sidewalks at the same level of windows. PB Member Clermont Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 5 of 10 voiced concerns about changing the Site Plan and voiced his support for the project. PB Member Salem discussed his support for the project. PB Member Lamay questioned the language of the motion. Secretary Christie noted that the DRC members would need to review the plans again if they were to change. PB Member Clermont voiced concerns about changing the design to save the trees. Vice Chair Deleo discussed the tree ordinance and voiced concerns about the project not meeting requirements. Secretary Christie addressed Vice Chair Deleo noting further testing is not required if the tree is in poor condition. Vice Chair Deleo made a motion to find that Site Plan 23-SP-19 is consistent with the Tree Protection Ordinance and meets the applicable criteria of Section IV-506 of the Zoning Code to approve the Site Plan subject to the four conditions outlined by Staff. Motion failed, the Public Hearing was reopened. Mr. Freedman addressed the Planning Board members noting the project meets code. Mr. Grajales presented a map and pointed out the sidewalk stating it must be. ADA compliant, explained the requirements, and suggested relocating the sidewalk. Chair Halflants suggested relocating the office space, raising the building, and voiced his opinion about the project. PB Member Clermont voiced concerns about redesigning the project stating the Site Plan meets code. Mr. Giakoumis voiced concerns about redesigning the project due to funds and timing. Mr. Freedman voiced concerns about preserving the trees. Ms. Ellis addressed the window height noting if changes were to be made, the applicant would have to return to DRC. Vice Chair Deleo made a motion to find that Site Plan 23-SP-19 is consistent with the Tree Protection Ordinance and meets the applicable criteria of Section IV-506 of the Zoning Code to approve the Site Plan subject to the four conditions outlined by Staff with two additional conditions to preserve four of the eleven grand trees, specifically 105, 103, and 90 and that the applicant relocate the sidewalk around tree 105. PB Member Lamay seconded the motion. Secretary Christie questioned additional language. for City Staff to review. Vice Chair Deleo questioned City Attorney Connolly if additional language should be included. Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 6 of 10 City Attorney Connolly explained the Planning Board and DRC: review process and noted that the project can be denied by Planning Board if the members do not agree with the suggested motion to approve the project. City Attorney Connolly stated that the Site Plan meets code. Vice Chair Deleo questioned Secretary Christie about the language that should be included with the motion and noted that the building permit must be consistent with the Site Plan. The Planning Board members discussed adding additional language to the motion. Vice Chair Deleo: made a motion to find that Site Plan 23-SP-19 is consistent with the Tree Protection Ordinance and meets the applicable criteria of Section IV-506 of the Zoning Code to approve the Site Plan subject to the four conditions outlined by Staff with two additional conditions to preserve four of the eleven grand trees, specifically 105, 103, and 90, relocate the sidewalk around tree 105 and that the applicant interface with staff to ensure compliance. PB Member Clermont voiced his concerns about the changes. Motion passed 3-2 with Planning Board Members Salem and Clermont dissenting. 4:02:37 P.M. The Planning Board took a 20-minute break. 4:22:02 P.M. 2. Fruitville Road Property (1240, 1266, 1258, 4th Street; 1233, 1241 Fruitville Road): Rezone Ordinance Amendment Application No. 23-ROA-01 request for a Rezone Ordinance Amendment approval to amend previously approved Rezone Ordinance 18-5252. The requested amendment proposes to remove thej proffered stipulation limiting height on the parcels to three or five stories, and to allow the maximum height permitted on surrounding properties in the Downtown Core (DTC) Zone District. The subject site is located in the DTC Zone District with a Future Land Use (FLU) Classification of Downtown Core. (Alison Christie, AICP, General Manager) City Attorney Connolly went over affected persons and time limits. Planning Board members discussed ex-parte. Vice Chair Deleo noted that he met with David Lough. PB Member Clermont stated that he had a discussion with David Lough. Applicant Presentation: Mr. Philip DiMaria and Ms. Danielle Stewart provided a description about the site, a history of the property, Future Land Use classification, and density. Mr. DiMaria discussed Downtown Core, height and number of stories. Mr. DiMaria discussed Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 7 of 10 rezoning Downtown Core, the transition, and changes in circumstances related to development approvals. Mr. DiMaria explained RROD (Rosemary Residential Overlay District) and provided a timeline of] past development approvals and discussed properties rezoned from Downtown Edge to Downtown Core. Mr. DiMaria discussed the proposed change to increase maximum height, an access easement, future redevelopment of the site that is consistent with the New Urbanist Transect. PB Member Salem noted that he is in support of the step down. PB Member Lamay questioned the alley being vacated by the City in exchange for a building height reduction. Mr. Steve Rees explained the land exchange agreement, street vacation and presented a map to explain the process. PB Member Lamay questioned the owners at the time. Mr. Rees stated that the agreement was between the City and FDOT, explained the public easement. City Attorney Connolly stated that the Land Exchange Agreement was to facilitate the roundabout, explained the process, and the reason for the Land Exchange Agreement and right-of-way vacation. City Attorney Connolly confirmed it was not due to height limitations. PB Member Clermont questioned the proffer of three and five stories. Mr. Rees explained it is in the rezone ordinance. PB Member Clermont questioned the requirements in 2018 and why the owner went to five and three stories. Mr. DiMaria discussed the Primary Street Grid changes and economic conditions. PB Member Clermont voiced concerns about benefits for the City. Mr. DiMaria provided an explanation. Vice Chair Deleo discussed Kimley Horn is represented by Shuemaker and stated that he can be fair and impartial. Chair Halflants questioned the height of a building close to the property. Mr. DiMaria spoke to the question. Chair Halflants questioned the height of the easement and proposed height. Mr. Rees presented a document to explain. City Attorney Connolly explained the history of the property. Staff Presentation: Ms. Alison Christie, General Manager gave a description of the property, zoning, Future Land Use Classification and explained that the application is proposing to remove two proffered conditions of Rezone ordinance 185252 approved in 2018 which limited to height in three stories on the eastern 20-feet of lot fourteen and to five stories on lots 14, 15, 17. Ms. Christie noted there are no future development plans, a community workshop that was held, the traffic study and noted the request is consistent with the Downtown Code and Downtown Core district and with the standards of review. Ms. Christie noted that staff recommends approval and explained the approval is a policy decision. Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 8 of 10 PB Member Clermont questioned benefits for the City. Ms. Christie noted that the applicant is requesting to be consistent with the height of the zone district and explained staff's S role. Affected. Persons: Ms. Tamela Edy, Mr. Sam Stern, and Mr. Michael Gasper, discussed associations with The Encore. Ms. Edie discussed the proffers made and the history. Mr. Gasper discussed the history of the negotiations for the proffer and voiced concerns about the heights adjacent to The Encore, alley vacation access, and impact on property values. Ms. Edy voiced concerns about the proposal, stating there would be no benefits to the City. Ms. Melanie Goddard voiced concerns about breaking the contract and presented a map of the property. Ms. Goddard explained the history of the proffer and voiced her opinion about the proposal regarding height. Mr. David Lough discussed the proffers and voiced concerns about public benefit. Ms. Rachael McAree discussed her opinion about the approval and noted she is against the project. Applicant Rebuttal: Mr. Rees noted there was not an agreement with Encore and explained a rezone ordinance that was approved. Mr. Rees discussed the history and noted multiple developments of ten stories have since been approved. Mr. Rees discussed the Land Exchange agreement, discussed the history and proffers. Mr. Rees explained there is no contract and the reason for a rezone ordinance amendment. PB Member Clermont questioned the rezone. City Attorney Connolly explained section IV-1108 of the Zoning Code, discussed the process, and the conditions requesting to be removed. PB Member Salem questioned the reason for the proffers. Mr. Rees explained the reason and noted that properties in the area have requested rezone changes. PB Member Salem questioned the proffer in order to receive the rezoning. Mr. Rees responded noting the proffer was a reflection of the conditions at the time and explained the process if the proffer were to have been denied. City Attorney Connolly confirmed the process and noted the proffers are legally binding and explained the rezone ordinance amendment process. PB Lamay questioned the agreement and negotiations. Mr. Rees explained the process prior to hearings and noted changes have been made. PB Member Salem questioned if the purchase has been completed. Mr. Rees noted the contract purchaser is requesting the change. Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 9 of 10 Chair Halflants voiced concerns about the proffer and questioned if a proffer can be offered to Encore. Mr. Rees explained the height and stories of the adjacent properties. PB Members discussed the proposal. PB Member Clermont voiced his concerns. PB Member Lamay voiced his opinion about the proposal. Chair Halflants voiced his opinion about the proffers. Discussion ensued. PB Member Clermont made a motion to find the petition inconsistent with the applicable sections of the zoning code and recommend denial of the request. PB Member Lamay seconded the motion. Motion passed 4-1 with Chair Halflants dissenting. City Attorney Connolly announced the recommendation and noted the proposal will be heard by the City Commission. 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 S input. VI. APPROVAL OF MINUTES 1. 1/10/24 2. 1/24/24 VII. PRESENTATION OF TOPICS BY STAFF 5:40:48 P.M. City Attorney Connolly discussed approving and denying applications and explained the motion process. City Attorney Connolly noted that changes can impact DRC review and explained that projects cannot be returned to DRC review. Discussion ensued. 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 oni the next available agenda for discussion. Vice Chair Deleo questioned awning size and code. Secretary Christie stated the code can be reviewed by staff. Minutes of the Regular Planning Board Meeting February 14, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 10 of 10 IX. ADJOURNMENT The meeting ended at 5:45:00 P.M. - A 3 Qleon Alison Christie Michael Halflants, Chair General Manager and Secretary to the Board Planning Board/Local Planning Agency