CITY OF SARASOTA Development Review Division Development Services Department MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY September 21, 2023 at 1:00 p.m. in the Sarasota City Commission Chambers Planning Board Dan Clermont, Chair Members Present: Michael Halflants, Vice Chair Members Daniel Deleo, Shane LaMay, Terrill Salem Planning Board Members Absent: City Staff Present: Mike Connolly, Deputy City Attorney Myra Schwarz, General Manger, Development Services Steven Cover, Planning Director Ryan Chapdelain, AICP, General Manager, Planning Department Briana Dobbs, AICP, Senior Planner, Planning Department Rebecca Webster, Planner, Planning Department John Nopper, Coordinator, Public Broadcasting Karen Grassett, Sr. Planning Technician, Development Services 1:17:31 P.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 Secretaryl called the roll. II. PLEDGE OF ALLEGIANCE III. CHANGES TO THE ORDER OF THE DAY There were no changes to the order of the day. 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 Secretary Schwarz read the Pledge of Conduct. Attorney Connolly discussed time limits; administered the oath to those wishing to speak at today's meeting; discussed the difference between legislative and quasi-judicial public hearings; and noted the public hearing today is legislative. Minutes of the Special Planning Board Meeting September 21, 2023 at 1:00 p.m. in the Sarasota City Commission Chambers Page 2 of 6 1:20:23 P.M. B. Legislative Public Hearings 1. Restaurants, Bars, and Nightclubs: Zoning Text Amendment Application No. 23-ZTA- 04 is a request for Zoning Text Amendment approval to modify the definitions for restaurant, bar, outdoor bar, and nightclub, and create a new definition for bottle club; update primary use charts; apply additional use and development standards for outdoor seating and other outdoor areas of restaurants to include additional establishments; update uses and standards related to the sale of alcoholic beverages; update the separation requirements between religious institutions and bars, outdoor bars, nightclubs, and alcoholic beverage stores; expand the existing Downtown Exemption Area Map to include other redeveloping commercial areas of the Downtown; and modify the permitting process for accessory indoor and outdoor bars. (Briana Dobbs, AICP, Senior Planner) Steven Cover, Planning Director; Ryan Chapdelain, AICP, General Manager; Briana Dobbs, AICP, Senior Planner; and Rebecca Webster, Planner appeared. Planning Director Cover introduced the proposed Zoning Text Amendment (ZTA); and pointed out the application relates to zoning issues only and does not address noise issues. Staff Presentation: Senior Planner Dobbs discussed staff's outreach efforts; discussed the various state licenses for bars, restaurants and nightclubs; stated licenses are defined by the State rather than the city's zoning code; discussed the review process and key terms for the City ofSarasota (permits, minor conditional uses and major conditional uses); reviewed the existing definitions in the zoning code, difficulties the City has experienced, the proposed text changes, proposed solutions, additional proposed use standards, separation requirements, and the existing Downtown Exemption Area that exempts restaurants, bars and nightclubs from the separation requirements relating to proximity to other restaurants, bars and nightclubs; noted proposal would also exempt restaurants, bars and nightclubs from the separation requirements relating to proximity to religious institutions; pointed out staff is proposing to expand the existing Downtown Exemption Area boundaries; discussed the proposed Primary Use Tables and process; and reviewed the current review process. 1:38:46 P.M. Planner Webster reviewed staff's research efforts; and presented a table depicting the definitions and standards for restaurants, bars, and nightclubs of other local jurisdictions in Florida. Senior Planner Dobbs reviewed the current and proposed review processes for the various use types; summarized the proposed text changes; and presented the timeline for the processing of the proposed Zoning Text Amendment application. Minutes of the Special Planning Board Meeting September 21, 2023 at 1:00 p.m. in the Sarasota City Commission Chambers Page 3 of 6 1:45:10 P.M. PB Member Deleo thanked staff for their efforts; commended the proposals related to clarifying and modernizing the definitions, streamlining the permitting process, and focusing on economic development; and questioned what due diligence staff did to determine the effect of implementing the proposed ZTA. Director Cover discussed staff's outreach efforts. PB Member Deleo questioned what analysis was done to determine what the real-world implications will be. General Manager Chapdelain stated the proposed ZTA brings clarity and predictability. Discussion ensued. 1:56:30 P.M. PB Member LaMay questioned why indoor bars are proposed by right inside the Downtown Exemption Area versus requiring a Minor Conditional Use if located outside the Downtown Exemption Area. General Manager Chapdelain stated bars would be allowed by right in both areas, noting if located outside of the existing Downtown Exemption Areas, a variance from the separation requirements would be required. PB Member LaMay questioned if a bar with an outdoor component would be allowed or if that would be a separate use. General Manager Chapdelain stated the outdoor component would still require Minor Conditional Use approval. PB Member LaMay questioned if the ZTA addresses outdoor smoking. General Manager Chapdelain stated that was not part of the ZTA. PB Member LaMay questioned if a bar could be located by a church by right. General Manager Chapdelain stated only if it is within the Downtown Exemption Area. Discussion ensued. 1:59:59 P.M. PB Vice Chair Halflants asked what the process for applying for a Minor Conditional Use is and how long that process takes. General Manager Chapdelain stated an applicant must hold a Community Workshop, go before the Development Review Committee (DRC), and then the Planning Board; and stated the process takes approximately six months. Discussion ensued. PB Vice Chair Halflants asked if a Minor Conditional Use is transferable. Attorney Connolly discussed the steps an applicant must take to transfer a Minor Conditional Use. 2:03:44 P.M. PB Chair Clermont questioned if the proposed language in the ZTA would make it easier for a restaurant to convert to a bar with an outdoor/rooftop component, citing a proposed Banditos restaurant on Main Street adjacent to The MARK Condominiums. Senior Planner Dobbs stated Banditos is proposed to be a restaurant with an indoor bar and outdoor seating; and stated if an outdoor bar were added, Minor Conditional Use approval would be required. PB Chair Clermont expressed concerns regarding the definition of "enclosed" as it relates to outdoor bars. General Manager Chapdelain pointed out if the bar/counter is indoors the establishment is not considered to be an outdoor bar. Discussion ensued. PB Chair Clermont stated his concerns regarding setting precedent and the potential for a proliferation of bars on Main Street; and stated language needs to be added that provides the Planning Board flexibility in the: number of bars allowed and the proximity to residential uses. General Manager Chapdelain Minutes of the Special Planning Board Meeting September 21, 2023 at 1:00 p.m. in the Sarasota City Commission Chambers Page 4 of 6 noted the criteria for Conditional Use approval. Discussion ensued. PB Chair Clermont stated his concerns regarding outdoor amplified music, pointing out Art Ovation's rooftop bar as an example. Attorney Connolly stated the courts have ruled outdoor amplified music can be regulated but not prohibited. Discussion ensued. PB Chair Clermont questioned why the Rosemary District and Park District were included in the expanded Downtown Exemption Area. General Manager Chapdelain stated both areas are zoned downtown and are being redeveloped. Discussion ensued. PB Chair Clermont questioned if the purpose of the ZTA was to streamline the processes or to encourage the uses. General Manager Chapdelain stated maybe both, noting that the areas are part of the urban core. Director Cover stated the revised language would provide clarity as well. 2:20:24 P.M. Citizen Input: Mr. John Bordeaux appeared and discussed his concerns regarding the proposed language regarding outdoor/rooftop bars; suggested the PB should not adopt the proposed ZTA as is; stating noise is a big issue; said the public input staff received has not been incorporated; presented pictures depicting trash and police presence on Main Street; and stated the proposed language needs further clarification before being adopted. Dr. Harvey Mishner appeared and stated his opposition to the proposed ZTA, noting the dangers of outdoor smoking. Mr. Michael Evanoff appeared and stated he owns some restaurants in Sarasota; said business has been difficult; discussed the various types of State licenses; questioned why staff only identified three of the types of State licenses; discussed the impacts the proposed language will have on businesses; and stated staff S outreach efforts did not reach all that it should have. Ms. Kelly Franklin appeared via Zoom; stated her concerns with the dangers of outdoor smoking; said the language needs to be clearly written; and suggested the PB reject the proposed ZTA until staff incorporates the public's concerns.. Ms. Jamie Brester appeared; stated she is a downtown business owner; stated the impacts of the proposed ZTA on businesses and residents is huge; said better clarity is needed; suggested restaurants, bars and nightclubs are being targeted; and noted she sees the police presence downtown as a plus. 2:36:13 P.M. Staff Rebuttal: Director Cover, General Manager Chapdelain, Senior Planner Dobbs, and Planner Webster appeared. General Manager Chapdelain pointed out restaurants are currently allowed by right and that is not proposed to change; stated nightclubs require Major Conditional Use approval and that is not proposed to change; said how bars are Minutes of the Special Planning Board Meeting September 21, 2023 at 1:00 p.m. in the Sarasota City Commission Chambers Page 5 of 6 permitted is what is changing; stated the three State licenses staff mentioned are the ones staff is proposing to untether from the City definitions; and stated the result of the proposed ZTA is streamlining the processes and providing predictability. Director Cover noted the proposed language clarifies uses and simplifies the processes. PB Member Salem asked what caused a restaurant that staff referred to previously to have to change to a 4COP liquor license. General Manager Chapdelain stated it was based on the square footage and seating capacity in the State'sr requirements. Discussion ensued. PB Member Salem stated he was unsure how the proposed ZTA negatively impacts businesses. General Manager Chapdelain noted the changes are to the regulatory framework. PB Member Salem asked ifs staff felt the proposed changes would deter new business. General Manager Chapdelain stated he did not believe that would occur. PB Member LaMay stated the proposal would encourage new bars and nightclubs and expand opportunities. Discussion ensued. PB Member LaMay stated he understood concerns expressed regarding outdoor smoking and noise; and stated he felt the outdoor bar regulations were the most problematic. PB Vice Chair Halflants pointed out the process for an outdoor bar would still be lengthy and public. General Manager Chapdelain confirmed that noting the requirement for Minor Conditional Use approval. Discussion ensued. 2:50:13 P.M. PB Chair Clermont closed the public hearing. PB Member Deleo said there is a quality-of-life issue; stated the real-world impacts are not clear; stated his concerns regarding compatibility issues; stated he cannot determine if the proposal is good policy based on the materials staff provided; and stated he could not support the proposed ZTA. PB Member LaMay stated it is difficult to determine the impacts at this point; noted assumptions can be made; stated streamlining of the processes will be the long-term impact; and said his only concern is the outdoor bar provisions. PB Member Salem noted this is a macro view of the issue and pointed out a micro view will be looked at on a case-by-case basis; said the impacts will be market driven; and said he supports the proposed ZTA. PB Vice Chair Halflants noted the impacts on quality of life; complimented staff's communication efforts; said the changes were not major; noted staff is being proactive by updating the regulations; pointed out the PB can request proffers on a case-by-case basis; and stated the proposed ZTA provides clarity and simplicity. Minutes of the Special Planning Board Meeting September 21, 2023 at 1:00 p.m. in the Sarasota City Commission Chambers Page 6 of 6 PB Chair Clermont stated the proposal has a lot of positives; and stated his concerns with the provisions regarding outdoor bars. 3:02:29 P.M. PB Member Salem made a motion to find Zoning Text Amendment 23-ZTA-04 consistent with Section IV-1206 of the Zoning Code and recommend approval of the Zoning Text Amendment to the City Commission. PB Vice Chair Halflants seconded the motion. PB Vice Chair Halflants stated he understood PB Chair Clermont's concerns; said he would not recommend denial based on those concerns alone; and suggested staff could provide additional language. PB Member Salem stated he did not agree to any changes to his motion. PB Member Deleo stated the materials lacked clarity; said staff was advocating; said the issues are a problem without solutions; and stated he felt it would bel beneficial to send the proposal back to staff for further analysis. Discussion ensued. PB Member LaMay stated allowing more bars is not a negative if the market supports that; and stated his concerns regarding potential loopholes for rooftop outdoor bars. PB Chair Clermont stated some citizens desire more versus less; said he did not think noise is a big concern in the downtown area; noted the downtown has a residential component that must be considered; stated his concerns regarding the proliferation of outdoor bars masquerading as indoor bars; and stated he could not support the proposal. The motion passed 3-2 with PB Member Deleo and PB Chair Clermont voting no. V. ADJOURNMENT The meeting was adjourned at 3:10:17 P.M. llage SR DAClnoit Myra Schwarz Dan Clermont, Chair General Manager and Secretary to the Board Planning Board/Local Planning Agency