MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 13, 2005, AT 6:00 P.M. PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd "Glossie" Atkins, Commissioners Danny Bilyeu, Lou Ann R. Palmer, and Ken Shelin, City Attorney Robert M. Fournier, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson ABSENT: None Mayor Servian called the meeting to order at 6:00 p.m. NVOCATIONIPLEDGE OF ALLEGIANCE: City Auditor And Clerk Robinson 1. PRESENTATION RE: RECOGNIZING MOTE MARINE LABORATORY'S 50TH ANNIVERSARY BY PROCLAIMING THE WEEK OF JUNE 13 - 19, 2005, AS MOTE MARINE LABORATORY WEEK - Presented To Kumar Mahadevan, President, And Dan Bebak, Vice President, And Ronald Johnson, Board Of Trustees Member, Mote Marine And Aquarium (FTR 6:04) 2. QUASI-JUDICIAL PUBLIC HEARINGS 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4616, TO REZONE REAL PROPERTY LOCATED WITHIN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RINGLING BOULEVARD AND LINKS AVENUE HAVING A STREET ADDRESS OF 1858 RINGLING BOULEVARD FROM THE OFFICE, PROFESSIONAL AND BUSINESS (OPB) ZONE DISTRICT AND RESIDENTIAL MULTIPLE FAMILY - 4 (RMF-4) ZONE DISTRICT TO THE DOWNTOWN CORE (DTC) ZONE DISTRICT, AS MORE PARTICULARLY SET FORTH HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 05-RE-06, APPLICANT DONALD M. LAWSON GROUP ARCHITECTS, INC., AS AGENT REPRESENTING COURTHOUSE CENTRE OF SARASOTA, LTD., AS OWNER) Following a presentation by Donald Lawson, Donald M. Lawson Group Architects, Inc., and Senior Planner Allen Parsons, a motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to pass proposed Ordinance No.05-4616 on first reading. (FTR 6:14) 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4618, TO REZONE A PARCEL OF REAL PROPERTY LOCATED WITHIN THE GILLESPIE PARK NEIGHBORHOOD ON THE SOUTH SIDE OF 5TH STREET EAST OF OSPREY AVENUE HAVING A STREET ADDRESS OF 1826 57H STREET FROM THE RESIDENTIAL MULTIPLE FAMILY 3 (RMF-3) ZONE DISTRICT TO THE DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICT (APPLICATION NO. 05-RE-09, APPLICANT CRAIG COLBURN, ESQUIRE, AS AGENT REPRESENTING ALLIE ELHAGE, AS CONTRACT VENDEE) AND 3) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4619, TO REZONE FOUR PARCELS OF REAL PROPERTY LOCATED WITHIN THE GILLESPIE PARK NEIGHBORHOOD ALL ON 7H STREET OR 8TH STREET BETWEEN GOODRICH AVENUE AND OSPREY AVENUE HAVING STREET ADDRESSES OF 1719 7TH BOOK 58 Page 29848 06/13/05 6:00 P.M. BOOK 58 Page 29849 06/13/05 6:00 P.M. STREET AND 1726, 1732 AND 1744 8TH STREET ALL TO BE REZONED FROM THE RESIDENTIAL MULTIPLE FAMILY = 2 (RMF-2) ZONE DISTRICT TO THE DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICT (APPLICATION NO. 05-RE- 10, APPLICANT CRAIG COLBURN, ESQUIRE, AS AGENT REPRESENTING THOMAS NUTTEN, LORI GREER AND BILLUE GUIGNARD AS FEE SIMPLE OWNERS, OR CONTRACT VENDEES) AND 4) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4620, TO REZONE FIVE PARCELS OF REAL PROPERTY LOCATED WITHIN THE GILLESPIE PARK NEIGHBORHOOD ALL ON 97H STREET BETWEEN GOODRICH AVENUE AND ORANGE AVENUE HAVING STREET ADDRESSES OF 1633, 1645, 1657, 1665 AND 1656 9TH STREET ALL TO BE REZONED FROM THE RESIDENTIAL MULTIPLE FAMILY - 2 (RMF-2) ZONE DISTRICT TO THE DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICT (APPLICATION NO. 05-RE-11, APPLICANT CRAIG COLBURN, ESQUIRE, AS AGENT REPRESENTING THOMAS NUTTEN, SHAWN FULKER AND BILLUE GUIGNARD AS FEE SIMPLE OWNERS, OR CONTRACT VENDEES) AND 5) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4621, TO REZONE TWO PARCELS OF REAL PROPERTY LOCATED WITHIN THE GILLESPIE PARK NEIGHBORHOOD; ONE SUCH PROPERTY HAVING A STREET ADDRESS OF 924 GILLESPIE AVENUE TO BE REZONED FROM THE RESIDENTIAL MULTIPLE FAMILY - 2 (RMF-2) ZONE DISTRICT TO THE DOWNTOWN EDGE (DTE) ZONE DISTRICT; THE SECOND SUCH PROPERTY HAVING A STREET ADDRESS OF 904 GILLESPIE AVENUE TO BE REZONED FROM THE RESIDENTIAL MULTIPLE FAMILY - 2 (RMF-2) ZONE DISTRICT TO THE DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICT, (APPLICATION NO. 05-RE-08, APPLICANT CRAIG COLBURN, ESQUIRE, AS AGENT REPRESENTING RICHARD RUDLOFF, STEVEN GREER AND EQUITY TRUST COMPANY, AS THE FEE SIMPLE OWNERS) Craig Colburn, Attorney, law firm of Norton, Hammersley, Lopez and Skokos, as agent representing the applicants, and Senior Planner Allen Parsons gave a presentation. (FTR 6:20) The following people spoke: Jocelyn Sterling and Linda Holland (FTR 6:27) A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4618 on first reading. (FTR 6:30) A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4619 on first reading. (FTR 6:31) A motion was made by Commissioner. Shelin, seconded by. Vice Mayor Atkins, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4620 on first reading. (FTR 6:32) A motion was made by Vice Mayor Atkins, seconded by Commissioner Palmer, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4621 on first reading. (FTR 6:33)- In response to comments by Commissioner Palmer, Mayor Servian noted Commission consensus to direct Staff to meet with local Realtors, the Greater Sarasota Chamber of Commerce, and other interested persons to provide information concerning the four new proposed Zone Districts in the Downtown area. (FTR 6:35) 2. APPROVAL RE: PROPOSED AMENDMENTS TO DOWNTOWN CODE City Attorney Fournier stated that two corrections to his memorandum of May 31, 2005, to the Commission included in the Agenda backup material are as follows: 1) 3. Building set back requirements along Fruitville Road - the reference to maximum allowable front yard setback should be removed. 2) 11. Sidewalk cafes = should be referenced as outdoor restaurants. A presentation was given by City Attorney Fournier. In response to a request by Mayor Servian for clarification of the term "stakeholders", City Manager McNees stated that the term represents the individuals or groups who have been challenging the amendments to the Downtown Code. The following people spoke: Craig Colburn, Attorney, concerning potential lawsuits resulting from the amendments to the Downtown Code. (FTR 7:13) Michael Furen, Attorney, representing Michael Saunders, Dick Dickinson, Kolter, etc., concerning the impact on property values due to the amendments and a transitional timeline between the current Zoning Code (2002 Ed.) and the Downtown Code. (FTR 7:17) Robert Lincoln, Attorney, representing several clients, concerning a transition period. (FTR 7:35) Mayor Servian noted Commission consensus to consider office uses on primary streets, split zone parcels, building setback requirements on Fruitville Road, building facades, possible height increase for providing public parking in private buildings, liner buildings, administrative interpretations, applicability of new regulations to expansion or remodeling of existing buildings, side-yard setbacks along the south side of Fourth Street, reduced maximum height limit in Downtown Edge zone for properties within 100 feet of Downtown Neighborhood or Residential Single Multiple 9 units per acre (RSM-9) Zone Districts, sidewalk cafes, vested rights, appeals from denial or grant of adjustments to the City Commission on a temporary basis, site plan review, and adjustment procedures as amendments to the Downtown Code at this time. In response to a question from Mayor Servian as to other items to add to the list of possible amendments to the Downtown Code, Commissioner Shelin stated that the inclusion of design standards in the Downtown Code should be added to the list for consideration. BOOK 58 Page 29850 06/13/05 6:00 P.M. BOOK 58 Page 29851 06/13/05 6:00 P.M. Mayor Servian stated that two items should be added to the list: 1) allowing private development in public space over arcades without compensation to the City and citizens and 2) readdressing the parking space requirements. Commissioner Bilyeu stated that measuring height in terms of feet should be considered. Mayor Servian noted Commission consensus to direct Staff to prepare an ordinance at this time with alternatives for presentation to the Planning Board/Local Planning Agency (PBLP) for recommendations. City Auditor and Clerk Robinson stated for clarification that the following items will be added to the list of possible amendments to the Downtown Code: 1. design standards 2. private development in public space over arcades without return 3. parking standards 4. height measured in stories rather than feet (FTR 8:04) Mayor Servian noted Commission consensus to add the four items to the list of possible amendments to the Downtown Code for consideration at this time. In response to a question from Mayor Servian, City Attorney Fournier stated that the ordinance will be prepared to include a reasonable transition period. 3. OTHER MATTERS A. In response to comments by Commissioner Palmer, Mayor Servian noted Commission consensus to direct the Administration to prepare a letter for Mayor Servian's signature to Senators Bill Nelson (D-FL), Mel Martinez (R-FL), and Mary Landrieu (D-LA) indicating opposition to legislation lifting the moratorium on drilling in the eastern area of the Gulf of Mexico (FTR 8:06) B. City Auditor and Clerk Robinson stated that the five ordinances approved earlier in the meeting will be placed for second reading under Consent Agenda No. 2 at the June 20, 2005, Regular Commission meeting. (FTR 8:09) 4. ADJOURN There being no further business, Mayor Servian adjourned the Special Meeting of the City Commission of June 13, 2005, at 8:09 p.m. Bi - d - TA MARY ANNE/SERVIAN, MAYOR ATTEST: y BILLY ERGENSON-CITY, AUDITOR AND CLERK