Revised 5/31/13 CITY OF SARASOTA Planning and Development Division Neighborhood and Development Services Department MINUTES OF THE SPECIAL MEETING OF' THE PLANNING BOARD/LOCAL PLANNING AGENCY January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Planning Board Jennifer Ahearn-Koch, Chair Members Present: Chris Gallagher, Vice Chair Members Susan Chapman, Mort Siegel, Vald Svekis City Staff Present: Michael Connolly, Deputy City Attorney; David Smith, General Manager-Neighborhod & Development Services Gretchen Schneider, General Manager-Planning & Development Ryan Chapdelain, AICP, Chief Planner; Miles Larsen, Coordinator-Public Broadcasting; Linda Strange, Sr. Planning Technician I. CALL MEETING TO ORDER AND ROLL CALL Chair Ahearn-Koch called the meeting to order at 6:00 p.m. and General Manager Smith [as Secretary to the Board] called the roll. II. CHANGES TO THE ORDER OF THE DAY Staff requested that Item C.1., Reflections Resort, be moved ahead of the North Trail Overlay District item. Mr. Gallagher was not able to attend the January 9, 2013 hearing and his vote for Reflections Resort will be recorded this evening. By consensus, Board Members agreed to the Change in Order. III. LAND USE ADMINISTRATION PUBLIC HEARINGS Reading ofthe Pledge of Conduct Secretary Smith read the Pledge of Conduct aloud. Attorney Connolly reviewed recommended time limits for the petitions and Board Members agreed to them. The oath was administered to all intending to speak regarding the petitions on the agenda. C. Quasi-Judicial. Public Hearing CONTINUED FROM JANUARY 9, 2013 1. REFLECTIONS RESORT [1174 AND 1186 HAMPTON ROAD]: Application 12-REN-02 is a request to rezone the subject properties from the Residential Multiple Family-3 [RMF- 3] zone district to the North Trail [NT] zone district. The applicant has proffered restrictions prohibiting certain types of uses including gas stations, convenience stores, alcoholic beverage stores, bars or nightclubs, and industrial services as may otherwise be allowed under NT zoning. [David Smith, AICP, General Manager). Chair Ahearn-Koch, who abstained from the previous Reflections Resort hearing, passed the gavel to Mort Siegel since Vice Chair Gallagher would be conducting questioning. Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 2 of 16 Mr. Gallagher asked that Attorney Connolly provide a brief summary of what the proceedings this evening would entail. Mr. Connolly stated under Sec 3-203 of the Zoning Code, there is a requirement of an affirmative vote of 3 members of the Planning Board in order for the Board to take official action. At the January 9, 2013 meeting regarding application 12-REN-02, Reflections Resort rezone request, there was a motion made to recommend denial of the application. Two members voted in favor of denial and one member voted against denial SO three affirmative votes were not achieved. Therefore, the petition was continued, for one time only, to this evening SO see if3 affirmative votes can be achieved. Mr. Connolly quoted requirements from the Board's Rules of Procedure, Sec VI, E.12: "Any member of the Board who wuas absent from a prior meeting at which the quasi-judicial matter was heard but is participating in the final decision shall reviewo the record, including the minutes oft the prior proceeding and shall acknowledge the review, on the record, prior to the Board taking a vote. 1 Attorney Connolly asked Vice Chair Gallagher if he reviewed the entire Granicus tape of the January 9th hearing and noted that Mr. Gallagher would have the chance to ask any questions he may have of staff or any of the Affected Parties. He indicated the motion currently on the table is a motion to recommend to the City Commission denial of application 12-REN-02. Mr. Connolly stated, because of the unique set of circumstances, that it may not matter how Mr. Gallagher votes since both a 3 to 1 vote for denial or a 2-2 vote on the motion to deny would ultimately go to the City Commission with a Planning Board recommendation of denial. Vice Chair Gallagher said he reviewed the entire tape of the January 9, 2013 meeting. He has a few questions of the applicant and city staff. He recalls there was a question in the previous meeting about the single use as a possible proffer that could have been included and asked if that's possible; the answer was it can done. Dr. Monica Bedi and Dr. Steve Bedi came to the table. Mr. Gallagher understands their express need for parking is significantly less than the zoning would require. He asked, given the elevations included in their application package, how the applicant sees them as residential and being compatible with the rest of the neighborhood. Dr. M. Bedi said the plans presented were just a sketch and won't have anything to do with the physical appearance; they are trying to make it look residential in nature. She envisions making it look something like how the Ritz looks - Mediterranean feel - with lots of trees and landscaping to keep a natural feel. That's why they picked this property near the park because the goal is to bring people to the facility for a lifestyle change - meditation and the ability to get in touch with nature as part of the plan to improve their lifestyle. They felt this property was ideal to create a buffer between commercial and residential since it is on US 41. The drawing is intended to indicate size and number of units. Mr. Gallagher asked if the applicant is familiar with the NTOD project on the agenda this evening; they are not. He asked if another place in the city would be suitable for what they want to do. Dr. M. Bedi said she mentioned the park, water, trees and foliage around the site are a big part of what they envisioned for their design. Mr. Gallagher asked if they considered proffering just one use. Dr. S. Bedi said yes, they would proffer the single use. Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 3 of 16 Mr. Gallagher asked Affected Parties about the use. If the applicant proffered a single use, would the parties be agreeable to the use. Brandon Sommers replied possibly, but it's hard to say without the site plan. Pola Sommers replied absolutely not; she wants new neighbors there not new business people. Mary Fuerst said she agrees with Pola; absolutely not. Stanford Ross said absolutely not. He feels there are many places along the North Trail that are much more appropriate for this project. He is concerned about traffic as well. Alan Votta is opposed; whatever goes on the site will destroy SO many trees. With addition of sidewalks, the entire tree line that abuts the street will be eliminated. Juliuss Rojas stated he believes the plan offered is a good idea. His only concern is traffic and he thinks the entrance/exit cannot be on Hampton Road; he believes they could use part of the park. The motion on the table is: A motion to find the petition inconsistent with Section IV-1106 of the Zoning Code and recommend denial of Rezone 12-REN-02 to the City Commission. Mr. Gallagher prefaced his vote with remarks that consider the visioning that's been done for the North Trail: the testimony presented regarding traffic problems, although a traffic professional has reviewed it; possible problems with trees and sidewalks not now known without a site plan; the sketch of the building that even the applicant doesn't seem to like. the conversation about whether Comp Plan amendment was done without people's knowledge, however, David Smith testified that it was done properly. In light of all of that, the plan, in concept, is a good Use. Itis something that will be compatible in the area between commercial and residential and would simply be an allowed Use by the future vision document for the North Trail. VOTE: Gallagher, No. The motion to find the petition inconsistent with Section IV- 1106 of the Zoning Code and recommend denial of Rezone 12-REN-02 to the City Commission failed 2-2. [Vote at previous meeting was: Svekis, no; Chapman, yes; Siegel, yes. (Gallagher, absent; Aheam-Koch, abstained)). MOTION by PBM Gallagher and second by PBM Svekis, as amended [below], to continue the hearing to seek further information in the form of a more precise proffer for the Use and additional site plan information regarding the nature and shape of the Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 4 of 16 building, what trees might or might not be saved and how sidewalks might work, and alternative ways to provide access to the site. PBM Svekis offered an amendment to the motion: No tandem parking be permitted and that 1 space per lodging unit be required regardless of future NTOD regulations. PBM Gallagher agreed to the amendment. PBM Gallagher noted the site is challenging, and there are Code issues in the way. He drove through the neighborhood; it's a very nice neighborhood and he would not want to see it lessened. The sketch of the building caused some concern on his part, but the applicant has testified that is not what they intend to do there. Iti is worth hearing more details about what the applicant really intends to do. Dr. M. Bedi asked if a complete site plan is necessary or rather a better drawing of what the building would look like. Mr. Gallagher replied he suggests a better conversation with neighbors and designers to come up with something that people will say yes to. He is not necessarily saying a full site plan is required but some documentation that the applicant is willing to proffer and that would convince the Board. Dr. M. Bedi asked if they could proffer only this use and then come back with a site plan for approval through the public hearing process. VOTE: Svekis, yes; Chapman, no; Siegel, no; Gallagher, yes. The motion to continue the hearing to seek further information in the form of a more precise proffer for the Use and additional site plan information regarding the nature and shape of the building, what trees might or might not be saved and how sidewalks might work, and alternative ways to provide access to the site subject to the following condition: (1) No tandem parking be permitted and that 1 space per lodging unit be required regardless of future NTOD regulations failed 2-2 [Ahearn-Koch abstained). Attorney Connolly stated that since both motions achieved a 2-2 vote, the recommendation to the City Commission will be for denial of application 12-REN-02. The City Commission will hold a public hearing and make a decision. PBM Siegel returned the gavel to Chair Ahearn-Koch. B. Non Quasi-Judicial Public Hearings 2. ZONING TEXT AMENDMIENT-NORTH TRAIL OVERLAY DISTRICT [NTOD]: Application 13-ZTA-01 proposes a zoning overlay district for parcels with the "Community Commercial" future land use designation in the North Trail area. The proposed NTOD represents an optional set of zoning standards to encourage voluntary, new development and redevelopment projects along the North Trail. The standards allow projects to function in a sensitive manner to preserve the integrity and long-term Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 5of 16 viability of the surrounding neighborhoods. NTOD standards do not change the density or uses currently permitted within the underlying zone districts; and although use of the NTOD is not mandatory, development projects that make use of NTOD standards shall be required to follow them for all future development applications. [Ryan Chapdelain, AICP, Chief Pamner-Neghborhoods, Applicant!: Staff Presentation: Ryan Chapdelain, Chief Panner-Negnborhods, presented the application. He indicated that talk of improving the North Trail has been going on since the 1980s. Numerous studies for the corridor have been completed over the years by the City and by consultants. A prominent theme in all the studies seems to revolve around changing the perception of the North Trail by addressing both public safety and redevelopment. Itis interesting to note that the North Trail Sector study, the Gateway 2000 Study, and the Innovation 41 Plan all specifically reference the need for a North Trail Overlay District with specific standards to attract redevelopment. Mr. Chapdelain displayed a graphic indicating a summary of recommendations from the North Trail Sector Study, which was completed in the early 1990s. Number 9 on the list states: "Develop district standards and development standards for the North Trail Overlay District". Mr. Chapdelain presented renderings of buildings from some of the old studies that show a mixture of uses; more of an urban-type use and generally 3 stories in nature. This is something that was deliberated 25 years ago. He displayed another rendering from the Gateway. 2000 Plan again showing buildings closer to the street; parking at the side or rear; pedestrian space; and landscaped medians. The stakeholder issues of today are eerily similar to what we see in these 25 year old plans. It seems to be clear that the status quo is not working. There have been some recent redevelopment efforts along the North Trail but not enough to truly transform this gateway corridor; a corridor that includes some of the city's most precious assets - the airport, USF, New College, Ringling Museum, FSU-Aslo, Ringling College of Art and Design, the Van Wezel, and Sarasota Bay - the area from about 10th Street to University Parkway, which is roughly 2.5 miles. There are a number of projects underway with the over-arching goal of improving the North Trail. A graphic [vision plan] for transportation improvements along the North Trail was displayed. At 10th & 14th Streets, roundabouts are proposed and construction will begin around 2017. The designed vehicular speed for that area will be about 30 mi./hour. Roundabouts at MLK & US41 and Myrtle & US41 are proposed; FDOT has given the city a green light to move forward with further study. Intersection enhancements at University and US41 are being looked at. The idea is that there are major plans to really improve transportation on US41 over the next several years. A graphic was displayed of the MPOs 2035 Transportation Plan to provide a sense of the buildings along a major corridor. He quoted: Development along the corridor can be configured to reduce walking distances for customers and make streets more useful for pedestrians, transit users and bicyclists. Successful site design balances automobile and pedestrian accessibility and creates a presence that is welcoming to all users. A key factor is the organization ofbuildings and parking relative to adjacent streets. Drawing the buildings to the street edge and moving parking to the Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 6 of 16 rear frames the street, enhancing and enlivening the pedestrian environment with store fronts and entrances along the sidewalk. Building entries should border main streets, public thoroughfares to foster vibrant wualkable environments". That's really the intent of the North Trail Overlay District. Transportation improvements will be multi-model in nature and will not be strictly auto centric, but will be geared to walking, biking, transit-oriented, etc. The goal is to ultimately slow the traffic. Another program underway is the Sarasota Enterprise Zone expansion to include the North Trail. The Enterprise Zone offers incentives to attract business development and credits for employing people who live within the Enterprise Zone as well as sales tax credits for purchase of business equipment. This is another key incentive to attract development along the North Trail. There is a 'branding name' effort taking place. The branding name is: "The Tamiami Trail Cultural District". There's group with a website dedicated to the North Trail as well as an interactive parcel map of commercial listings; and there's talk about a dedicated Police Officer along the North Trail. Lastly, there is a sustaining advocacy group to continue to seek positive change along the North Trail - "The North Trail Redevelopment Partnership -NTRP". Last summer the NTRP invited Economic Development Corporation CEO and President Mark Huey to their meeting to share his insight regarding attracting businesses along the North Trail. Mr. Huey stated the three top impediments to development anywhere, but more specifically the North Trail, are: (1) regulations, (2) lack of incentives, and (3) lack of public investment. The planned NTOD, the Enterprise Zone, and transportation improvements address these three impediments. Mr. Chapdelain discussed the actual background of the overlay district process. The genesis of the comprehensive North Trail Overlay occurred in 2009 and the formation of what is now known as the North Trail Redevelopment Partnership - NTRP. The NTRP is a nonprofit corporation comprised of community leaders, representatives of universities and institutions, business owners, neighborhood associations [Indian Beach Sapphire Shores, Bayou Oaks, Central Cocoanut), the Chamber of Commerce, local architects, planners and realtors. Tahiti Park was an active participant at one time but is not currently. The NTRP seeks to study, understand, and facilitate positive redevelopment on the North Trail. The mission is to: foster sustainable, predictable economic redevelopment along this corridor to achieve a revitalized, attractive, safe and inviting environment for businesses, institutions, and neighborhoods " a quote from their mission statement. A redevelopment subcommittee was established whose scope was to meet regularly to identify barriers to economic success and redevelopment along the North Trail. A specific charge emerged = to develop an overlay concept to incentivize and attract sustainable redevelopment consisting of quality buildings and streetscapes within the context of a shared vision. The diverse, revolving group was made up of neighborhood representatives, developers, architects, planners, real estate brokers, business owners, and property owners who all have a vested interest in the betterment of the North Trail and volunteered their time accordingly. It's worth noting that this effort was not led by some high-priced, out-of- Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 7 of 16 town consultant from another state trying to tell the citizens what's best for their community. This was strictly made up of stakeholders on the North Trail. The group used common themes found in the studies mentioned earlier as well as those voiced by stakeholders over the years as a basis for this overlay concept. Thematic examples include: expanded pedestrian space between the road and building; location of parking to the side or rear of buildings; parking relief; articulated building facades; and mixed-use development. One of the group's key objectives was ensuring the overlay was balanced in its approach establishing protections for residential areas related to compatibility as well as providing meaningful incentives and predictability to spur desired redevelopment. The NTRP subcommittee took the time necessary to maximize consensus both inside and outside the group by constantly vetting and revising the overlay concept in a thoughtful and deliberate manner based on stakeholder feedback. Mr. Chapdelain recognized Eric Collin and David Morriss, who both served as Chairs of the redevelopment subcommittee and both of whom are residents of the Indian Beach Sapphire Shores neighborhood. These two people, as well as many subcommittee members, volunteered countless hours related to research and development of the overlay concept. This was truly a collaborative process at the grassroots level. Not every individual got what they wanted, but compromise was necessary when balancing competing interests. The holistic, inclusive approach endured for over: 3 years with the end result materializing in an overlay concept that many North Trail stakeholders can support; and one that has a genuine opportunity to be used by the private sector. Mr. Morris deserves specific credit for his leadership of the subcommittee over the last couple of years, keeping it organized and focused and helping to bring to fruition the draft document before the Board this evening. It's the work of the NTRP and subcommittee that serves as the foundation of the proposed overlay district. The NTRP turned over their overlay concept to staff in July 2012 when the group determined it had reached an end point with their work effort. Staff began to formally prepare the NTOD zoning text amendment, which is also a specific directive within the city's FY 2013 Strategic Plan. Mr. Chapdelain recognized city planner Mike Taylor who had a central role in the formation of the NTOD text amendment. City staff held numerous public meetings on the NTOD since August of 2012 including a community workshop on September 13 with 80 individuals in attendance. Staff continues to maintain a list of substantive public comments received based on the city's first NTOD draft document dated September 7, 2012, which has been shared with the public. Any changes to the draft document, as stated publicly, will be made in advance of the City Commission meeting and will be tracked accordingly SO the public can see any changes. Finally, revitalization of the North Trail will continue to require a sustained, multi- pronged approach that is supported by corridor stakeholders. Transportation, public safety, economic development, redevelopment and marketing are all critical components of the revitalization equation. The NTOD is not to be viewed as a panacea to address all of the challenges, perceived or otherwise, on the North Trail. However, it is considered as another tool in the redevelopment tool box to promote revitalization along this corridor. Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 8 of 16 The NTOD is an excellent example of what can happen when citizens from divergent backgrounds work together constructively and continuously toward a unified goal for the greater good of the community. PBM Siegel asked about the history sO that the Board can get a better understanding of the effectiveness of the process that was laid out. Is the best timeframe the 3 years that the NTRP has been working on this? Mr. Chapdelain said, yes, it is. The grassroots effort really began in about 2009. Mr. Siegel commented that the involvement of community people along with professionals is the most effective way to get projects of this type, which are sO admirable, to really mean something. Mr. Siegel asked Mr. Chapdelain to give the Board an idea of how the various factions worked together. Was there cooperation and full participation by residents? With the idea of transparency and full participation, he asked Mr. Chapdelain to provide a sense of how the community people worked with the professional people. Mr. Chapdelain said this was driven by the citizens of the NTRP. They met monthly or sO for several years and representation included neighbors and professionals who were all invited to the meeting. Did everyone show up at those meetings? No. But there was a revolving door of people who attended some meetings and not others and then returned for some. The core group that stuck with this from beginning to end represented various backgrounds neighborhood representation, architectural representation, planners and real estate broker representation who all live in the neighborhood and who have a common goal of wanting to improve the North Trail. A number of compromises were made for the greater good of the corridor. Board members discussed the best method to use for review of the draft NTOD considering public comment, their own questions and possible proposed changes. Attorney Connolly directed Members' attention to page 6 of 82 and the 13 bullet points entitled the major features of the NTOD. He thinks the logical place to start is with public comment. When it comes time for Member' S deliberation, he would suggest going through those 13 major features and making recommendations for each to the City Commission. Ms. Chapman agreed with Mr. Connolly. Mr. Svekis did not think that would be enough. Ms. Ahearn-Koch has many concerns, perhaps on every page, but a starting point is needed. She thought Mr. Chapdelain should give an overview of the NTOD text amendment so that people who speak would have a better understanding of it. Mr.Svekis thought reversing that, hearing from the public about their concerns first and then dialogue with Mr. Chapdelain can take place. The matrix of public comment to-date and the NTOD draft have been left at the front of the Chambers for members of the audience to review. The NTOD draft was posted to the city's website and made public on September 7, 2012 sO it's been out for 4 months and copies were shared at the September 13 workshop as well. Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 9 of 16 Citizen Testimony: Iay Patel, 4200 N. Tamiami Trail, is speaking as the Chair of the NTRP and on behalf of himself. Since the NTOD was presented to the City for presentation to this Board and the Commission, no general meeting has taken place since June or July. It wasn't discussed at the general meeting, but the executive board did vote on it. There are nine members and the majority of those members voted yes. [He read the names and votes]. As Chair of the NTRP he spoke with and personally met with many of the neighborhoods. Knowing each other in the group and having confidence in each other and trust was the basis of their establishment and then they moved forward. There were many individuals from all the neighborhoods who were invited and were part of an e-mail list, in terms of the process that was followed. Wel have seen exactly why we need zoning like the North Trail Overlay District. There is a lot of uncertainty with existing development. In terms of incentives, this is the best it can get. There is more predictability and more easing of regulations that are currently an impediment to development on the Trail; this zoning will help a lot going forward. His concern is that administrative site plan approval remain a key part of this to make it more predictable. There is one neighborhood workshop and chance to appeal the administrative site plan approval; that should be enough to make it more predictable. We need to make sure that standards are more predictable for developers to come in. We want to attract them to do development on the Trail. [Stated later he said he agrees that the NTOD should be optional). David Morriss, 4900 Brywill Ave, is the Vice Chair of the NTRP and is also on the IBSSA Board, but he is speaking for himself. He was involved in the first analysis of how the Overlay might accomplish some of the goals for North Trail redevelopment. Through study and discussion of several previous planning efforts, like Innovation 41 and Gateway 2000 and others, zoning and permitting changes were clearly indicated as a factor in the redevelopment of the North Trail. In the absence of financial support from the public sector, jurisdictional changes appeared to be the only available tool. The most critical and challenging effort was to understand the context of the problem - long-term economic malaise; poor walkability; current economic and political conditions; chronic physical blight; crime; lack of predictability for developers and neighborhoods; a challenging and expensive approval processes; challenging lot configurations; outmoded buildings; the reality of property rights; and the generally negative perception of the North Trail by the marketplace. Considering any solution had to include as much of that context as possible; without a full consideration of context, this would be a rudderless ship. The Zoning Code is a passive tool and understanding the limitations is just what a Zoning Code can do - something we need to remind each other of regularly. With no public money on the horizon, it was tempting to try solving long standing problems by suggesting more and more unbalanced requirements go into the Code. With statewide property rights legislation, like the Burt Harris Act, another level of the problem had to be considered. The balance between incentives and upgraded standards was frequently a fundamental point of focus. The hard work was finding solutions. The best approach to a problem is suggesting a solution and airing it to the greater community. Tipping the perception balance to play to the strengths of the North Trail is not easy. The challenging Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 10 of 16 economic and development environment has continued to put a chill on the North Trail for redevelopment. The hope is that this clear effort to lift that chill can encourage development to risk building on the Trail's strengths rather on its weaknesses. Several improvements have taken place on the Trail recently; however it is cartoonish to assume that the problems of the North Trail are either solved or made worse by a grocery store, a high quality Goodwill or a successful restaurant. There is a long way to go, and it's the hope that this Code can be a step toward getting there. Doing nothing is a short-sighted and timid option that will yield no relief to the tough problems of the North Trail. Don't forget that the stakeholder on North Trail gateway is the whole of Sarasota, and we all belong to the solution. Richard Ellis is a property owner on the North Trail; his law office is on the North Trail. He also lives in the Sapphire Shores neighborhood and grew up there since 1954 and has come back there. The biggest difference of living on the north side in the Bay Shore Road area now VS. 1954 and through the 1960s is the North Trail. The North Trail is a different place; there is prostitution and crime. His daughter made the mistake of walking down the North Trail, and it was presumed she must be a prostitute because she was walking on the North Trail. The point is that something needs to happen on the North Trail. This plan is a good one and has the potential to change things. The good thing about this plan is that it provides positive incentives for growth and allows for the administrative review process which is a great process that will help make something happen. There are some people who have reservations about the parking and setback requirements. The NTOD is not mandatory which is important. His goal today is to make sure that the "not mandatory 'NTOD actually survives this process. The other regulations in place add to the options, and he does not want anything taken away. Brandon Sommers, 1111 Hampton Road, is a long-term resident of Tahiti Park. They just want to go on record that having administrative review of site plans is not a good idea. It eliminates public input. They agree with all the findings that something needs to be done, but they feel improvements are being made. Pola Sommers, 1111 Hampton Road, said she thought it was a beautiful thing when she first heard about the North Trail Redevelopment Partnership and was involved in it in 2010. She thinks that the idea of having the group was really a great idea bringing neighbors together with business people and the schools to come up with a plan to enhance the North Trail. But when she went to the meetings she felt like, when she put an idea out on the floor, it was not heard and she was not supported. When she went to one of the sessions on the Overlay district and met with Eric and David, she voiced major reservations about buildings built too close to the road. She doesn't think that works to well. She believes the neighborhood people have not been involved enough; they have had opportunity but not really. Their voice has not been taken seriously enough. PBM Gallagher noted that the Code requires a minimum 10 ft., maximum 20 ft. setback SO between the curb and front of the building, the closest you could possibly be is about 15 ft. He explained further and believes Ms. Sommers' remarks were heard. Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 11 of 16 Mary Fuerst, 1130 Hampton Road, is not a long term resident. The moving van came down Hampton Road in July of 2011. Since that time she goes up and down the North Trail all the time she sees Goodwill, Walmart, Yummy House and new stuff going up for Ringling Art, a new Vietnamese restaurant, and the Marietta Museum. That's a lot in a year and one-half. One has to be leery about administrative approval. Mike Lasche, 1233 Panama Drive, is a city resident and has been involved with the NTRP and NTOD for over 2 years as a citizen and as a member of the NTRP redevelopment subcommittee where he has had the pleasure of serving with Chris Gallagher. He submitted a document outlining his concerns with the NTOD which he believes fails to implement its own stated intent. The NTOD does not represent neighborhoods. From the beginning the NTRP core has been developers and associates, architects, real estate people and land owners. Neighborhood Associations were invited to participate but were not given significant say: in the final decisions made by the NTRP executive board outside of public meetings. To his knowledge not a single neighborhood association has endorsed the NTOD - not IBSSA, not Tahiti Park, not Bayou Oaks. Mr. Lasche continued with remarks about drafting the document and objection to administrative review and the adjustment process. He asked that the proposed NTOD be rejected. Jeff Oldenburg, 2914 Pinecrest Street, left and was not present to speak. Kafi Benz, Box 2900, has participated in land use and community planning in this community since R/UDAT. She represented IBSSA on this topic for about 12 years. She participated in Gateway 2000, the USF study and every study that has ever touched on the North Trail. She has two suggestions if this is adopted and a personal opinion on the process. She is against administrative review because it winds up, by default, making the neighborhoods not considered in any of the discussion that will affect them. Second, it must have a sunset provision built into it because when property values are low as they are now and regulations are implemented, they become rigid and become a lead boot around the properties later when property values rise. Her major complaint is that in order to create an overlay for any portion of the community, a very public process is needed. This has not been a very public process. Residents were welcome to come and sit and listen but were not welcome to become part of the judgment. Gretchen Serrie, 636 Mecca Drive, she lives a block and 1/2 from the North Trail and the IBSSA neighborhood and is speaking as a private citizen. Her neighborhood association board and membership have not taken a position on the NTOD. She believes this is true of all 4 North Trail neighborhood associations. She has been a faithful member of the NTRP and participated with wonderful colleagues in meetings of the redevelopment subcommittee that developed the NTOD document. But the process of neighborhood participation as the document was finalized was very disappointing. Two years ago she suggested to the 4 North Trail neighborhood association leaders that they meet to discuss the NTOD proposal. An NTRP officer asked her to cancel the meeting because the NTOD draft was not ready for discussion, sO she cancelled the meeting. Months later a draft was Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 12 of 16 declared ready for discussion; the IBSSA land use committee reviewed the document and sent a letter to city staff detailing questions but the letter was never answered. At an August meeting of the NTRP subcommittee, she was told the questions asked in our letter should be raised at the NTOD community meeting on September 13. Their land use committee asked to meet with city staff to discuss issues they felt needed to be clarified; after the September meeting, they learned that any issues they raised would go on a matrix that would accompany the NTOD document already finalized for presentation to the Planning Board and City Commission. The document was signed-off at a November DRC meeting without staff discussion. She did receive a copy of the matrix detailing their comments on December 5th, and on January 7th she received the matrix with staff's S response. The first meetings of the NTRP were exciting and referred to the attempts to replace the multitude of zoning districts with one form-based code that would ensure predictability for developers and neighborhoods, and that would be context sensitive and dedicated to a new urbanist vision; it was to be compulsory and considered to be important not to inflate property values or prevent redevelopment. When the NTOD document was rolled out, there was pushback from North Trail property owners. The document is not ready for primetime. She cited administrative site plan review, definition of aggrieved parties, adjustments and more. Whatever happened to the Duany Plan and the concept of the transect? She believes we can dol better. Janet Robinson, 1062 Caloosa Drive, lives in Indian Beach Sapphire Shores and is on the Board of the NTRP and is also a commercial real estate broker. She got involved because she lives in the neighborhood and does see the crack dealers and prostitutes. She looks at the long stretch of the N. Trail, and the people along there - the businesses and neighbors - are the ones that really have been the creators of this problem solving = USF, Aslo, Ringling, Ringling College, Marietta Museum of Whimsy, Van Wezel. These institutions are very much a part of the group. The Police force and city staff and neighbors and businesses at one time or another have been involved to find out what we can do to actually change what's going on. How do we: make this the gateway to Sarasota? She has presented the North Trail to the International Council of Shopping Centers and said look at this great place and the opportunities. They respond saying look at your demographics. The demographics are sO diverse the majority of nationals don't want to come to the N. Trail. This dynamic place is still stuck and has been since the initial plans in 2000; we keep doing it and doing it but nothing gets done. The NTOD is neighborhood friendly with daylight plane standards, vegetation, and more. It streamlines the process by letting staff make some of the basic decisions. Big decisions have to go to the public. This is a way to go forward. Mike Taylor, 1645 Stone Ridge Terrace, has provided staff a copy of his resume as a professional planner with the City for 30 years. He wrote this document and understands the issues on both sides. He believes, after hearing comments this evening, that a decision should not be made tonight and that the Board should come back at a later time and become more comfortable understanding what the document is. He believes many people Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 13 of 16 just don't understand this document. Administrative approval, for example, currently exists citywide for everything up to 5,000 s.f. The NTOD eliminates the 5,000 s.f. but adds the opportunity for something that doesn't exist today; it mandates a community workshop before an application is even filed. At the stage of a public hearing, the plan has evolved too far for the public to have meaningful input. They need to bei informed before a project is filed in order to have meaningful input SO the developer can listen and make changes to the plan. Even with a public hearing, if a developer meets all the [site plan] standards of the Code, you can't force the developer to do something else. If the Code says 10 ft., and they do 10 ft. that's it. But by meeting with them in advance, people are informed before an application is filed and can work with them far better. Mr. Taylor said he cares about neighborhoods but development is critical. People who abut the proposed commercial developments are guaranteed something that they don't have today. New development will be more compatible because of the different and enlarged setbacks abutting residential and the daylight plane standards that are included, which do not exist today. Abutters are also guaranteed that new development is required to hold a workshop if they want to request an adjustment, and there are specific criteria to be met. The administrative approval process is a better deal for property owners because it is quicker if they follow all the standards and if they are not asking for adjustments. The property owner gets a little more height, but residents won't notice 10 more feet and the height is moved further away. Only a larger piece of property will be able to take advantage of more than one story. The parking standard in the NTOD will really jump start the North Trail because parking controls everything. If the Board doesn't care about changing the North Trail, don't do the NTOD. If the Board does care, take the opportunity to allow staff to work with the public more before NTOD is rejected; it's too important. An improved transit system will create the opportunity for housing, reduce the need for cares, reduce the cost of housing and will provide all of the things that come with an improved transit system. The opportunity to create a transit system along the North Trail connecting all of these major development projects will certainly enhance the redevelopment opportunity, not only for the North Trail but for the whole city and county as well. Susan Hagglund, 770 41st Street, said she is not satisfied that the proposed North Trail Overlay District sufficiently represents the interests of residential property owners adjacent to the North Trail. Her chief concern is the administrative site plan review. To her the community workshop is a simple check-off without teeth. She believes the process should include the developer's response to input by affected neighbors and associations. Residents have objected when a version of administrative approval was implemented in their neighborhood because it doesn't provide residential neighbors any meaningful input to the development process. Once administrative review is implemented it's extremely difficult for affected homeowners or associations to return to the public process. She believes the $1,500 fee for an appeal is unfair. She asks for more time SO that more comments from neighbors can be received. Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 14 of 16 The Board recessed for 5 minutes. PBM Siegel thanked Mr. Taylor for his comments. Mr. Siegel had asked questions of Mr. Chapdelain at the beginning of the hearing to get a feel as to whether this was a real community project or whether it's something that is more or less dominated by people who have other interests that's understandable and there's nothing wrong with that. Mr. Siegel recalled a seminar Board members attended in which the University of Florida professor made the point that planning is not the role of a planner. He talked about the importance of protecting people's rights. He has yet to see any justification for people in the community being deprived of their right to come before the Planning Board. He does not see that by coming before the Planning Board it somehow creates non-predictability. He discussed his belief that the public hearing is beneficial and that the NTOD should attain the support of the community. Community Workshops are a wonderful asset but should not occur in lieu of a public hearing. Ms. Chapman asked Mr. Taylor and Mr. Chapdelain to address obsolete uses and change in transit patterns and prostitution and crime in the area [ for some of the obsolete uses, prostitution is their economic plan]. She thinks Police efforts and the transit plan may squeeze out the obsolete uses just as well as the NTOD plan. Mr. Chapdelain responded that the more legitimate uses found in the area, the more those types of illicit activities are deterred. Mr. Taylor said changes will not occur overnight; the goal is to set a different pattern. Zoning creates opportunity for different types of development, hopefully more walkable and pedestrian friendly, which will attract more legitimate people to the area. The more activity on a street, the safer it becomes. Ms. Chapman believes transportation and obsolete uses [old hotels] are the major impediments to development along the Trail. Mr. Chapdelain said it is the intent of this plan to spur redevelopment of those properties particularly with the parking relief concept when a building is re-purposed. Ms. Chapman asked if this plan is too broad geographically but not comprehensive enough in terms of transit. Mr. Taylor noted Ms. Chapman refers to this as a plan" and suggested the discussion is about a zoning standard, and the zoning piece is a component of an overall strategy for redeveloping the North Trail. Ms. Chapman asked about an earlier remark that Mr. Taylor was disappointed initially by the rejection of the NTOD by developers. She asked what it was they objected to. There was discussion about a misunderstanding about parking in front of buildings which is a suburban design. PBM Svekis asked about representative streetscape photos on pages 17, 18, and 19 stating that the reality with 50% rule and a voluntary situation doesn't necessarily result in what depicted there. Why aren't the renderings truer to the possibilities? Mr. Taylor stated the graphics can be changed, the wording controls. Mr. Svekis asked if the 50% rule was in NTOD before the plan became voluntary. Mr. Taylor indicated, if it makes sense to achieve greater buy-in, he thinks moving forward is more important than making it mandatory, although he has always recommended it be mandatory. He believes most developers would jump at the chance to have this overlay. Mr. Svekis displayed a Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 15 of 16 graphic of the existing Walgreens and indicated if enough incentives were given, you could make it sO there is no US41 access and parking lot adjacent to Walgreens. Mr. Taylor said this is a started point that has seen give and take on both sides. Mr. Siegel asked about the concept of what type of business would jump start this redevelopment. Mr. Taylor said, for example, in the downtown no uses were defined and development could be residential or non-residential. The standards eliminated unwanted uses like adult businesses. Typically government doesn't tell people what to do; nor should it. The private sector/economy that determines what the use should be; that's why there should be more flexibility. Buildings should have the ability to morph through time through one economic cycle to another sO you're not tearing down a single-use building [like an ice cream cone on the North Trail). Questions/ discussion continued about particular features of the NTOD - hours of operation for some uses, tandem parking, administrative approval VS. public input, residents' buy-in, predictability, adjustments, appeals, a mandatory VS. optional NTOD, parking flexibility, ridding crime/prostitution with height of buildings at 65 ft. on large lots, geographic area [boundaries) of the overlay VS. the problem areas [old hotels]. Board members discussed their process for review and decided to submit comments/ questions to Mr. Chapdelain for response and to continue the meeting to February 27th, MOTION by PBM Chapman and second by PBM Svekis to continue this hearing to February 27, 2013 in order for submission of written questions by Board members via their city e-mail to Ryan Chapdelain for response. VOTE: Svekis, yes; Chapman, yes; Siegel, yes; Gallagher, yes; Ahearn-Koch, yes. The motion to continue this hearing to February 27, 2013 in order for submission of written questions by Board members via their city e-mail to Ryan Chapdelain for response, carried unanimously, 5-0. Attorney Connolly formally announced the continuation of this hearing to Wednesday, February 27, 2013, beginning at 6:00 p.m. in City Commission Chambers at City Hall, 1565 First Street. IV. CITIZEN's INPUT No citizens wished to speak. V. APPROVAL OF MINUTES December 19, 2012 Minutes were approved by consensus of Board members. Minutes of the Special Planning Board Meeting January 23, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Revised 5/31/13 North Trail Overlay District, 13-ZTA-01 Page 16 of 16 VI. PRESENTATION OF TOPICS BY PLANNING BOARD PBM Siegel indicated Vald Svekis has raised several issues in the past and the Board has also done work on Comprehensive Plan issues; he suggests a workshop with the Commission would be useful. Timing was discussed and will be considered for a later date. Recognition of years of service for Harvey Hoglund's and Linda Strange's retirement was considered. VII. PRESENTATION OF TOPICS BY STAFF Mr. Smith announced that citizens should contact Board members through an e-mail address entitled: planningboardesarasotagov.com. That goes to Linda and she would forward it to Board Members. VIII. ADJOURNMENT The Planning Board adjourned at 9:36 p.m. - A - David Smith, General Manager - Integration erni barn-Koch, Chair Neighborhood & Development Services Planning Board/Local Planning Agency [Secretary to the Board]