CITY OF SARASOTA Planning and Development Division Neighborhood and Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY October 9, 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 Robert Lindsay, Mort Siegel, and Vald Svekis City Staff Present: Michael Connolly, Deputy City Attorney David Smith, General Manager, Neighborhood & Development Services Courtney Mendez, AICP, Senior Planner John Nopper, Coordinator-Public Broadcasting Karen Grassett, 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 There were no changes to the Order of the Day. III. LAND USE. ADMINISTRATION PUBLIC HEARINGS A. Reading oft the Pledge of Conduct Secretary Smith read the Pledge of Conduct aloud. B. Quasi-judicial Public Hearings Attorney Connolly reviewed quasi-judicial hearing procedures and the recommended time limits for the petitions. Board Members agreed to the time limits. The oath was administered to all intending to speak regarding the petition on the agenda. Attorney Connolly stated an application for affected person status had been received from Sandra Piper. Ms. Piper was not present and therefore her request was denied. Attorney Connolly requested disclosure of any ex-parte communications. No ex-parte communications occurred. 1. Sarasota Ford [707 S. Washington Blvd.]: Site Plan application 13-SP-11 proposes to update the existing building façade of the Sarasota Ford auto dealership and enclose 2,606 sq. ft. of an existing canopy covered open display area to expand the existing showroom and create office space. A second existing canopy covered open display area will be enclosed to provide a 4,914 sq. ft. area with seven additional service bays, waiting area, an parts storage. Minutes of the Regular Planning Board Meeting October 9, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 2 of 7 Applicant Presentation: Mr. Larry Weber, Weber Engineering, representing Sarasota Ford appeared and stated there were three elements to the plan, the enclosure of the existing canopy display area in the front to alllow for additional customer service area; the construction of a quick service area south of the current service area; and the upgrade of the building façade along Payne Parkway and South Washington Blvd. to meet Ford Corporation's requirements. Mr. Weber further noted parking for the additional traffic generated has been added to the side of the building. PB: member Svekis questioned if the franchise was required to spend a specific amount of money or construct the updates regardless of expense. Mr. Weber stated Ford is requiring all franchises nationwide to bring their facilities up to the desired corporate image. PB member Svekis questioned the total number of service bays, where the additional service bays are located on the site, and if there have been problems with service inflow backing up onto US 41. Mr. Weber stated to his knowledge there has not been a problem with vehicles backing up onto US 41 and noted three service lanes are provided for. PB member Siegel questioned what initiated the August 8th letter to the City regarding storage of vehicles. Mr. Weber stated citizens had complained and the City had cited Sarasota Ford for parking unregistered vehicles in the right-of-way. PB member Siegel questioned if there was an office building to the east of the property. Mr. Weber stated there is a condominium to the east. PB Chair Ahearn-Koch questioned Mr. Weber as to the history of the current building noting the information provided states the building is recognized as part of the Sarasota School of Architecture. Mr. Weber stated he has no knowledge of the history of the building. Staff Presentation: Senior Planner Mendez appeared and summarized the application noting the request is for site plan approval, the property is located in the CI zone district, and the proposal includes an additional 7 service bays, an enclosed showroom, and an upgrade to the façade. Senior Planner Mendez stated the application was reviewed based on the applicable standards, the stacking of vehicles was not part of the review, and the proposal meets all code requirements. Senior Planner Mendez addressed PB member Siegel's questions regarding the August 8th letter stating it had been brought to the City's attention that Sarasota Ford was storing unregistered vehicles in the right-of-way overnight and as a result the City reached out putting them on notice thati if the practice continued the City would tow the vehicles. Senior Planner Mendez further noted the issue does not affect the site plan under consideration, parking requirements have been met, and staff parking and vehicle storage areas are depicted on the site plan. Senior Planner Mendez reviewed the surrounding uses and stated staff found the application consistent with the criteria for Site Plan approval and recommends approval subject to the one condition as well as the standard condition placed on all approvals regarding state and/or federal permits. PB: member Lindsay questioned if the problem with parking in the right-of-way is unregistered vehicles then if employees were instructed to park in the right-of-way would that be allowed. Senior Planner Mendez stated parking in the right- of-way would not be allowed for employees or any citizens visiting area businesses, parks, etc. PB member Lindsay questioned if the City could lease the right-of-way to Sarasota Ford. Senior Planner Mendez stated a right-of-way use agreement is a potential solution. PB member Svekis questioned the definition of excessive illumination. Senior Planner Mendez stated there are standards in the Code. PB member Svekis questioned Minutes of thel Regular Planning Board Meeting October 9, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 3 of7 where Sarasota Ford falls within those standards. Senior Planner Mendez stated that was not part of the site plan review however was addressed in the staff report due to comments received from a citizen. PB: member Svekis questioned noise levels, particularly from the PA system. Senior Planner Mendez stated that is regulated under the noise standards and the PA system could only be addressed if the applicant was proposing a substantial reconstruction. PB member Siegel questioned if the ingress/egress onto Washington Blvd. posed a safety concern. Senior Planner Mendez noted there are three access points. PB member Gallagher questioned if the second condition would be included on every Site Plan and why. Attorney Connolly stated it is a new statutory requirement. PB Chair Ahearn-Koch questioned if a traffic study had been completed. Senior Planner Mendez stated the required Initial Transportation Concurrency Analysis was completed and a full traffic study was not warranted. PB Chair Ahearn-Koch questioned if staff deemed safety ai non-issue. Senior Planner Mendez stated there were: no safety concerns. PB Chair Ahearn-Koch questioned if there was a history of complaints from the surrounding properties, particularly the condominium to the east. Senior Planner Mendez stated the parking of vehicles in the right-of-way and lighting were the only complaints received. PB Chair Ahearn-Koch questioned if noise complaints had been received. Senior Planner Mendez stated there were. none in the record. PB Chair Ahearn-Koch questioned if any groups had expressed concerns regarding the changes to the façade since the building is recognized as a Sarasota School of Architecture structure. Senior Planner Mendez stated the applicant was advised at the time of submittal that the issue could arise however no feedback has been received. PB Chair Ahearn-Koch questioned if staff had more details on what the façade will look like. Senior Planner Mendez stated all information received is included in their packets. PB Chair Ahearn-Koch questioned if staff was comfortable that Sarasota Ford will do their best to maintain the Sarasota School of Architecture design. Senior Planner Mendez noted the proposed entry tower is somewhat removed from the building and could easily be removed to restore the building to its original design however the proposed enclosure could affect the eligibility for historic designation in the future. PB member Svekis questioned how the loading zone. functioned. Senior Planner Mendez stated the proposal meets the code requirements and noted the property to the north is owned by Sarasota Ford and larger trucks use that area for loading/unloading. PB member Lindsay stated condition #1 creates vagueness if the issue is unregistered vehicles and questioned how the City would differentiate between vehicles waiting for transport or pending service and employee parking. PB member Lindsay stated while vehicle loading/ unloading in the: right-of-way may bei illegal it: is common practice in the City noting Sunset Chevrolet blocks a lane on US 41 all the time. Senior Planner Mendez stated part of the review is to certify code requirements are met, the ability to load/unload on-site: needs to be shown on the site plan, vehicles pending service was added due to the fact registered vehicles coming in for service park in the right-of-way while new or used vehicles needing service prior to being put up for sale should not be parked in the right-of-way. PB member Lindsay questioned if tagged vehicles are legal, how does the City differentiate between vehicles in for service and vehicles for sale. Senior Planner Mendez stated the sticker in the window is a good indication. PB: member Siegel stated it is an enforcement issue. PB member Svekis discussed the loading/t unloading, noting the surrounding roads are lightly used and the dealership could function easier if the trucks do not have to back out. PB Member Svekis questioned if the dealership requested the loading occur inside the Minutes of thel Regular Planning Board Meeting October 9, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 4 of 7 property or if they would prefer the option of loading/ unloading on the street. Senior Planner Mendez stated the need to ensure code requirements were met. PB member Svekis stated Sarasota Ford should have the same rights as other dealerships. Senior Planner Mendez noted if Chrysler came in for site plan approval the same questions would be asked. Applicant Rebuttal: PB member Svekis questioned Mr. Weber regarding the ability of the trucks to exit while facing in. Mr. Weber stated the trucks make a three point turn. PB member Svekis questioned it the area required to do the three point turn was always open. Mr. Weber stated the area is kept clear. PB member Svekis questioned if the applicant would prefer the option of loading/ unloading on the roadway. Mr. Weber stated Sarasota Ford hires independent truckers who would prefer to load/ unload as quickly as possible. PB member Lindsay noted the west end of the northern portion of the property would be the perfect area for loading/unloading and the City should have a procedure to allow for that. Mr. Weber stated the applicant could explore obtaining a permit from the City. Citizen Testimony: There was no citizen testimony. PB Chair Ahearn-Koch closed the public hearing. PB member Siegel made a motion to find Site Plan 13-SP-11 consistent with Section IV- 506 of the Zoning Code and approve the Site Plan subject to the following conditions: 1. The right-of-way shall not be used for storage of vehicles, regardless if the vehicles are for sale, transport, pending service, or any other reason. Loading or unloading of vehicles or equipment in a public right-of-way is also prohibited. This shall not preclude the normal parking of licensed, registered vehicles within the right-of-way as may be allowed pursuant to City of Sarasota on-street parking regulations. 2. The issuance of this development permit by the City of Sarasota does not in any way create any right on the part of an applicant to obtain a permit from any state or federal agency and does not create any liability on the part of the City of Sarasota for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in violations of state or federal law. All other applicable state and federal permits shall be obtained before commencement of the development. PB member Svekis stated he would second the motion if the second sentence in condition #1 was eliminated. After discussion PB Chair Ahearn-Koch seconded PB member Siegel's motion. PB member Svekis made a motion to amend the motion to eliminate the second sentence in condition #1. PB member Lindsay seconded the motion to amend. PB member Svekis stated his motion to amend was due to the reality that trucks will not pull inside to load/unload and stated there was a safety issue in having the trucks backing up. PB: member Lindsay stated loading/unloading in the right-of-way is covered by the Code sO there is no need for a condition on the site plan approval, stated his concern regarding Minutes of the Regular Planning Board Meeting October 9, 2013. at 6:00 p.m. in the Sarasota City Commission Chambers Page 5 of 7 safety issues, and noted the City could enter into an agreement with the applicants if the condition is eliminated. PB member Siegel stated businesses should not be put in a box and the issue is a Code enforcement issue. PB member Gallagher stated his support for the amended motion and questioned Attorney Connolly as to the consequences of condition #1 being violated. Attorney Connolly stated the approval and conditions will be formalized in a resolution and if violated it would be a code compliance issue that could result in fines. PB member Gallagher questioned if the second sentence is eliminated would employees parking in the right-of-way violate the first sentence. Attorney Connolly noted the third sentence addresses that and stated his proposed wording for the resolution would differ slightly from staff's wording, stating the proposed wording for the resolution is: "Applicant shall not use public rights-of-way for storage of vehicles, without regard to whether the vehicles are for sale, transport, pending service or any other reason. This shall not, however, preclude the normal parking of licensed, registered vehicles within the right of way in compliance with City of Sarasota on-street parking regulations." " PB Chair Ahearn-Koch stated she did not support the amendment to the motion noting the applicant was ok with the conditions as is. The motion to amend the motion to delete the sentence "Loading or unloading of vehicles or equipment in a public right-of-way is also prohibited" passed 4/1 with PB Chair Ahearn-Koch voting no. The motion to approve with two conditions as amended passed 4/1 with PB Chair Ahearn-Koch voting no. IV. CITIZEN's INPUT Ms. Millie Small appeared and stated the agenda had changed, noting originally the opportunity for citizens to speak was not provided for. Ms. Small also stated she was interested in the fact the Presentation of Topics" section did not define what topics were to be discussed however she understood no vote would be taken. Secretary Smith stated if specific topics are to be discussed those are placed on the agenda and should the issue require a vote the item would be placed on the next available agenda for discussion/action. Ms. Small questioned why citizens that ask questions do not receive answers and stated she was primarily concerned about the City selling parkland, particularly the property at Beneva and Fruitville. Ms. Small stated no new information has been received for a while, stated she receives two to three calls per week regarding that property and noted as of December 2012 the item was going to the Planning Board in January 2013, then was postponed until March and now it is October and no action taken yet. Ms. Small stated there is a lot of concern among citizens that the issue went directly to the City Commission, people want the issue resolved, she has spoken with the Bendersons who indicated they have not made a final decision and are considering reducing the footprint, expressed her desire to see the City determine the contract to be null and void due to inaction on the part of the Bendersons, and questioned if anything was ever going to happen. Secretary Smith stated the issue will be resolved and noted the City is waiting on Benderson to proceed. Ms. Small questioned what topics were going to be discussed, if there were developments in process that the general public does not know about and probably should, and noted citizens are very distrustful about what is going on. Minutes of the Regular Planning Board Meeting October 9, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 6 of 7 PB: member Svekis addressed the question of topics to be discussed stating when it comes to Planning Board action sometimes members take a position not related to actions taken by the Board, for instance representation at the City Commission meetings. PB member Svekis stated some things can be approached/dealt with that are not defined. V. APPROVAL OF MINUTES 1. June 12, 2013 PB Chair Ahearn-Koch stated on page 2, 4th line need to add "pm" after 10:00. 2. August 14, 2013 PB Chair Ahearn-Koch noted the following corrections needed to be made: Page 1, 5th line correct spelling is "Serrie" Page 7, last paragraph need to add "pm" after 10:30 Page 9, proffer 1 is supposed to read "live or amplified" The Board approved the minutes as revised by consensus. PB member Lindsay questioned the ability to provide live music during special events. Deputy Attorney Connolly stated a permit can be obtained for those instances. VI. PRESENTATION OF TOPICS BY STAFF Secretary Smith noted staff has handed out revised Advisory Board Handbooks and stated the importance of the PB members familiarizing themselves with the information. Secretary Smith stated the joint workshop with the City Commission is being considered for December 11th and requested the PB: members notify staff of their availability. PB Chair Ahearn-Koch stated she noticed the Form Based Code was on the agenda and questioned if the topics the PB has requested would be discussed as well. Secretary Smith stated he had relayed that information to City Administration and noted Administration and the City Commission set the agenda. Discussion ensued regarding potential time constraints and whether information would be available in advance of the workshop. VII. PRESENTATION OF TOPICS BY. PLANNING BOARD PB: member Svekis questioned the need to attend the Sunshine Law seminar. Secretary Smith stated some changes have been made sO it would be a good idea to attend. Attorney Connolly stated the main revision was the addition of Senate Bill 50 which requires any board that is subject to the sunshine law allow citizens to be heard before any action is taken on propositions. Discussion ensued regarding the definition of proposition. Attorney Connolly stated the legislative intent is that everything be open for public comment. Minutes of the Regular Planning Board Meeting October 9, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 7 of7 PB Chair Ahearn-Koch stated the City Auditor and Clerk has encouraged all board members to attend the Sunshine Law seminar, noted 2 other upcoming seminars, and stated the need for all board members to attend as many seminars as possible. PB Chair Ahearn-Koch requested an item be placed on the next agenda regarding the role of the Planning Board in the revisions to the County 2050 Plan. PB Chair Ahearn-Koch will provide staff with backup information no later than one week prior to the next meeting. PB: member Gallagher questioned the nature of how items are placed on the agenda. Attorney Connolly stated that is covered in the Rules of Procedure, Section I.A. VIII. ADJOURNMENT The meeting adjourned at 7:08 pm. / 2Sl Cunch David Smith, General Manager - Integration Jennier Aheayn-Koeh, Chair Neighborhood & Development Services Planning Board/Local Planning Agency [Secretary to the Board]