CITY OF SARASOTA Planning and Development Division Development Services Department MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY September 23, 2020 at 1:30 p.m. Meeting via Communications Media Technology Planning Board Damien Blumetti, Chair Members Present: Kathy Kelley Ohlrich, Vice Chair Members Patrick Gannon, David Morriss, Terrill Salem Planning Board Members Absent: City Staff Present: Mike Connolly, Assistant City Attorney Steven R. Cover, Planning Director, Planning Department Gretchen Schneider, General Manager, Development Services David L. Smith, AICP, Manager, Planning Department Chris Brown, Development Review Senior Planner, Development Services Dan Ohrenstein, Assistant City Engineer Miles Larsen, Manager, Public Broadcasting Karen Grassett, Senior Planning Technician, Development Services 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 Secretary Cover stated no changes to the agenda. 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.) A. Reading of the Pledge of Conduct 1:33:28 PM PB Secretary Cover administered the Pledge of Conduct. PB Secretary Cover recommended scheduling a special public hearing for the Zoning Text Amendments for The Bay Park project and Zoning Text Amendments on October 21st, 2020 at 1:30pm. Planning Board members could not all attend. Additional dates will be discussed. Attorney Connolly recommended presentation times for the petitions that will follow, and PB members accepted them by consensus. Attorney Connolly administered the oath for all present who intended to speak in the following public hearings; and summarized the procedures for the quasi-judicial public hearings that will follow. Minutes of the Special Planning Board Meeting September 23, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 2of 6 B. Quasi-Judicial Public. Hearings 1. Zoning Text Amendment Application No. 20-ZTA-05 Continued From 9/22/20]: Request for Zoning Text Amendment approval to create a new Botanical Gardens (BG) office district as an implementing zone district under existing future land use, Community Office/Instiftutional (COI). (David L. Smith, AICP, Manager of Long Range Planning) 2. Marie Selby Botanical Gardens Phase 1 [Continued From 9/22/20]:: Site Plan Application No. 20-SP-09, Rezone Application No. 20-RE-01, and Easement Vacation No. 20-SV-01 are a request for Site Plan approval to build a 28,600 sq ft Plant Research Bullding/Welcome Center, a 450-space parking garage, an approximately 4,377 sq. ft. accessory restaurant and an approximately 2,502 sq ft accessory retail sales operation. The approximately 14.73-acre property is located in the Residential Single Family (RSF-1), Residential Multiple Family (RMF-1) and Residential Multiple Family (RMF-3) zone districts, with a street address of 1534 Mound Street. The applicant has proposed to rezone the property to the Botanical Garden (BG) zone district as part of a companion Zoning Text Amendmenta application. The applicant is also requesting approval to vacate existing easements that were created through the prior approved Right of Way Vacation (11-SV-02) of S Palm Avenue. (Chris Brown, Development Review Senior Planner) 1:37:21 PM PB Chair Blumetti opened the continued public hearing. CITIZEN's INPUT (CONTINUED) Karen Grassett introduced herself for the record; read a letter from Karen Hall in opposition citing the size of the parking garage, tree removal, traffic concerns, increased paved areas, spot zoning, the negative impact on the existing businesses in the area, and the Applicants unwillingness to compromise. Karen Grassett read a letter from Mollie DeMond in opposition citing incompatibility with the surrounding area, insufficient compromises; traffic concerns; inadequate tree protection, catering fees are too high, and the need to diversify the vendors. Jon Thaxton, representing the Gulf Coast Community Foundation, and Penelope Hill appeared in support citing consistency with the Comprehensive Plan, compromises made, enhanced property values, it is privately funded, and the improvements to the transportation network. Pete Macintosh, and Maury Grossman appeared in opposition citing reduced public access to the bayfront, inconsistency with the Comprehensive Plan, tree removal, increased building footprints, size of parking garage, and traffic concerns. Malcolm Pitchford appeared and stated that all of his questions were addressed. Minutes of the Special Planning Board Meeting September 23, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 3 of 6 1:56:24 PM Staff Rebuttal: David Smith, AICP, Manager, Long Range Planning stated the proposed BG zone district is the best method for ensuring Selby Garden's S future in the City at its current location; noted the BG District recognizes the existing land use that began in 1973 and limits uses to botanical gardens, said the proposed zone district limits uses to those associated with botanical garden as opposed to broader range of uses allowed by three implementing zone districts for the Future Land Use classification; pointed out the proposed development standards are less intense than the those for the three existing implementing zone districts; and stated staff recommends the Planning Board move to find 20-ZTA-05 consistent with Sarasota City Plan and that it satisfied standards for review in the Zoning Code section IV-1206 and recommend approval to City Commission. Jason Collins, Transportation Consultant, stated there are studies that refute the allegation that the US 41/Orange Avenue intersection is a failed intersection; pointed out a detailed parking plan and management plan have been produced; discussed the size of other parking garages in the City; cited other examples around the cities where large traffic generators do have local street access; and stated traffic analysis was based on the largest events held on the site. Dan Ohrenstein, Assistant City Engineer, stated the project will improve traffic flow in the area due to changes in lane structure; pointed out the improvements proposed are not required; and noted the addition of green building and historic preservation on site. Chris Brown, Development Review Senior Planner, discussed the potential addition of more accessory uses to the primary use of botanical gardens, noting Section II-303 of the Code sets out the thresholds and what staff' S analysis is based; and pointed out that section contains twelve characteristics that are evaluated to determine accessory uses. 2:07:49 PM PB Members questioned if the approved Site Plan would be binding; if the proposed Zoning Text Amendment could be revised to make the restaurant a permitted use; if the land use can be superseded with a Zoning Text Amendment; how the special event limitations would be enforced; if the hours of operation for the restaurant can be changed; what makes the restaurant an accessory use; if a restaurant can be a permitted use in the BG zone district that operates independently of the main structure; and stated the need for access to the restaurant to be allowed without need for required membership fee. Attorney Connolly confirmed the approved Site Plan would be binding. Staff responded noting the Community Office Institutional Future Land Use classification is an office classification rather than commercial; noted the implementing zone districts define a restaurant as being an accessory use that would have to operate at same time and hours with primary use of a botanical gardens; noted admission to the botanical garden must be purchased for entry into restaurant; pointed out the stipulation thatnoi new event venue space for activities generating outdoor amplified sound shall be held; stated accessory uses are defined as uses that are subordinate to the primary use; said Selby Gardens regulates their fee structure; and stated controlled access through main entry and hours coincided. Discussion Minutes of the Special Planning Board Meeting September 23, 2020. at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 4 of 6 ensued regarding the difference between permitted and accessory uses; the supplemental traffic analysis; the issues related to outdoor music; and mitigating noise away from the adjacent residential property. Affected Person Rebuttal Susan Chapman questioned the cost of rental space and events at Selby Gardens; if the 2011 vacation of easement was precedent to vacation of Palm Avenue; if events are listed in the zoning code; the hours of operation for the accessory restaurant; if there are any specific requirements that public places are known and public use of them is not restricted; if FDOT has approved access plan from Mound; and if the FAR covers only where the garage, visitor's center, and future greenhouse is proposed. Staff and the Applicants responded by providing the cost of events; confirmed the 2011 vacation of easement was precedent to vacation of Palm Avenue; confirmed that events are not defined in zoning code; noted the triangular park is already in public right of way; and confirmed the FAR covers the entire site. Arthur Hall questioned the definition of amplified music; when the installation of the new sound system was competed; whether multiple speakers are sufficient for large events; pointed out the disruptiveness of live music and DJs to the neighborhood; stated the proffers are not an updated list of proffers based on the revised application; and suggests the proffers be revisited with neighbors. Staff and the Applicant responded stating the definition of amplified music is when you take a sound system to musical instruments or to DJ music; stated the sound system was completed in March of 2020; pointed out the decibel level is controlled at property line; and provided an approximate number of various events and guest numbers. Elizabeth Rose pointed out the complicated parking structure and stated her desire for Selby Gardens to continue to operate. Gregory Mutz stated his approval of plans. Fredericka Lindsey questioned ifSelby Gardens receives public funds; whether property taxes are paid; commented on the proffers; and noted the absence of focus on noise complaints caused by crowds and music. Ms. Rominiecki noted grants and private funding are received; and pointed out Selby Gardens is a nonprofit organization. Susan Renfrew had nothing to add. Ken Shelin stated the Applicants had not ignored residential complaints; said complaints of excessive noise and added traffic and irrelevance ofissues of construction staging, assessments of air quality, depletion ofoxygen levels; and stated he wished to see the project move forward. Applicant Rebuttal: Minutes of the Special Planning Board Meeting September 23, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 5 of 6 The applicants responded and discussed the purpose of Selby Gardens and need for expansion; discussed the various types of events and the average attendance; pointed out restrictions on amplified music and time restrictions; discussed the sound mitigation system; stated the applicants had not refused to hold further meetings with the area residents; discussed comments made regarding excessive parking spaces; commented on the complexity of getting various large vehicles through parking structures; discussed sustainability of proposed project; noted three types of primary uses are permitted: basic utilities, parks and open space, and botanical gardens; discussed the multiple sustainable objectives; commented the tree mitigation plan; and discussed the compromises that have been made. PB. Members asked for further explanation regarding hours of operation for outdoor activities; suggested the wording in the proffers needs to be changed SO it is identical to the legal document between Selby Gardens and the Hudson Crossing Condominiums; questioned the number of special events that will be held annually; asked for Clarification regarding event pricing; questioned the exclusivity with Michael's on the East for catering; discussed the lack of ethnic representation on the board of trustees; questioned if Selby Gardens is open to entrance by non-members of Selby Gardens; discussed job creation; questioned if the Master Plan is submitted to the State ori ifitis protected by Florida Statute and recognized by anybody other than Selby Garden; discussed the option of the restaurant having public access; asked for clarification as to which grand trees are to be relocated or removed; questioned if nonprofit events that are done for free are included in total rental counts; discussed stormwater management; and questioned how much of the electrical requirements will be fulfillled by solar panels on top of garage. The applicants explained that several rentals included live bands that were already booked prior to prohibiting live bands on Great Lawn; stated Selby is willing to accept incorporation of additional proffers if needed; noted approximately 25 to 30 events throughout the year that included amplified sound; discussed the various rental fees; acknowledged the: need for more diverse inclusion; stated approximately 3,000 jobs are anticipated to be created; noted a Comprehensive Plan Amendment would be required to make the restaurant a permitted use; pointed out trees were evaluated and the resulting evaluation stated they would not survive a relocation effort; noted the relocation of one, grand tree on south end of property; confirmed free events are included in total counts; and discussed the improvements to the stormwater system noting the inclusion of a 250,000 gallon capacity stormwater vault and cistern. PB Chair Blumetti closed the public hearing. PB Member Morriss made a motion to find 20-ZTA-05 consistent with the Sarasota City Plan of 2030 and that it satisfies the standards of review in Zoning Code Section IV-1206 and recommend approval to City Commission. PB Member Gannon seconded the motion. Discussion ensued regarding the decision making criteria. PB Vice Chair Ohlrich discussed the applications stating rezoning sO it is in an implementing zone district is preferred. PB Member Morriss stated that approving a new zone district is specific to the site and fits the uniqueness of the project. PB Member Salem stated his support for motion noting positive efforts taking place in community. PB Chair Blumetti stated he supports the motion pointing out the positive impacts on the surrounding neighborhoods. Minutes of the Special Planning Board Meeting September 23, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 6 of 6 The motion was approved 4-1 with Vice Chair Ohlrich voting no. Attorney Connolly notes the next vote is for the application 20-SV-01. PB Vice Chair Ohlrich made a motion to find 20-SV-01 consistent with Section IV-1306 of the Zoning Code and recommend to the City Commission approval of the petition, subject to the conditions as listed. PB Member Salem seconded the motion. The motion was approved 5/0. Attorney Connolly notes final motion with regard to rezone and proffered site plan. PB Member Morriss made a motion to find rezone 20-RE-01 consistent with Section IV-906 of the Zoning Code and proffered site plan 20-SP-09 consistent with Section IV-506 of the Zoning Code and tree protection ordinance and recommends approval of petition subject to conditions described. PB Chair Blumetti seconded the motion. PB Member Morriss stated his support for the project. PB Vice Chair Ohlrich stated that she is unable to support motion due toi issues with proffers. PB Member Salem and PB Member Gannon stated they supported the motion with PB Member Gannon pointing out he agreed with Vice Chair Ohlrich's concerns. The motion passed with a vote of 4/1 with PB Vice Chair Ohlrich voting no. IV. ADJOURNMENT The meeting adjourned at 5:51 PM. Steven R. Cover, Planning Director Damien Blumetti, Chair Planning Department Planning Board/Local Planning Agency [Secretary to the Board]