BOOK 58 Page 29871 06/30/05 6:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 30, 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, and City Auditor and Clerk Billy E. Robinson ABSENT: None Mayor Servian called the meeting to order at 6:00 p.m. INVOCATION/PLEDGE OF ALLEGIANCE: City Auditor And Clerk Robinson 1. NON QUASHJUDICIAL PUBLIC HEARING 1) FIRST PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05- 4634, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS IDENTIFIED IN EXHIBIT A Following a presentation by City Manager McNees, a motion was made by Vice Mayor Atkins, seconded by Commission Shelin, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4634 on first reading. (FTR 6:06) 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4628, TO REZONE VARIOUS PROPERTIES LOCATED IN THE GILLESPIE PARK AND PARK EAST NEIGHBORHOODS AND MORE PARTICULARLY DESCRIBED HEREIN TO THE DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICT, AN URBAN ZONE DISTRICT, GENERALLY APPROPRIATE FOR RESIDENTIAL NEIGHBORHOODS LOCATED IN CLOSE PROXIMITY TO DOWNTOWN; ALLOWING A MAXIMUM OF TWELVE (12) DWELLING UNITS PER ACRE AND A MAXIMUM BUILDING HEIGHT OF THREE (3) STORIES; ALLOWING FOR CERTAIN DEVELOPMENT RIGHTS UNDER EXISTING ZONING TO TEMPORARILY CONTINUE AND PROVIDING FOR VESTING OF CERTAIN DEVELOPMENT RIGHTS APPLICATION NO. 05-RE-15, CITY OF SARASOTA) AND 3) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4629, TO REZONE VARIOUS PROPERTIES LOCATED IN DOWNTOWN SARASOTA AND MORE PARTICULARLY DESCRIBED HEREIN TO THE DOWNTOWN EDGE (DTE) ZONE DISTRICT, AN URBAN MIXED USE ZONE DISTRICT; GENERALLY APPROPRIATE FOR PROPERTIES LOCATED ADJACENT TO RESIDENTIAL NEIGHBORHOODS: ALLOWING A MAXIMUM OF 25 DWELLING UNITS PER ACRE AND A MAXIMUM BUILDING HEIGHT OF FIVE (5) STORIES; EXCEPT FOR THE PORTION OF A SITE WITHIN 100 FEET OF PROPERTY ZONED DTN OR RSM-9 WHERE A LOWER HEIGHT LIMIT SHALL APPLY AS MORE FULLY SPECIFIED IN TABLE VI-1003 OF THE DOWNTOWN CODE; ALLOWING FOR CERTAIN DEVELOPMENT RIGHTS UNDER EXISTING ZONING TO TEMPORARILY CONTINUE AND PROVIDING FOR VESTING OF CERTAIN DEVELOPMENT RIGHTS APPLICATION NO. 05-RE-14, CITY OF SARASOTA) AND 4) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4630, TO REZONE VARIOUS PROPERTIES LOCATED IN DOWNTOWN SARASOTA AND MORE PARTICULARLY DESCRIBED HEREIN TO THE DOWNTOWN CORE (DTC) ZONE DISTRICT, AN URBAN MIXED USE ZONE DISTRICT GENERALLY APPROPRIATE FOR THE HEART OF DOWNTOWN, ALONG THE MAIN STREET CORRIDOR FROM FIVE POINTS TO SCHOOL AVENUE; ALLOWING A MAXIMUM OF 50 DWELLING UNITS PER ACRE AND A MAXIMUM BUILDING HEIGHT OF TEN (10) STORIES; (EXCEPT THAT TWO BUILDINGS UP TO A MAXIMUM OF 180 FEET IN HEIGHT MAY BE APPROVED WITHIN THE AREA BOUNDED BY FRUITVILLE ROAD, WASHINGTON BLVD:, RINGLING BLVD. AND PINEAPPLE AVE. AS PROVIDED IN SEC. VI-1005G OF THE DOWNTOWN CODE; AND EXCEPT THAT AN EXISTING BUILDING OVER. 10 STORIES IN HEIGHT MAY BE VOLUNTARILY OR INVOLUNTARILY REMOVED, DEMOLISHED OR DESTROYED AND REPLACED WITH A NEW BUILDING OF THE SAME HEIGHT OR 10 STORIES, WHICHEVER IS GREATER); ALLOWING FOR CERTAIN DEVELOPMENT RIGHTS UNDER EXISTING ZONING TO TEMPORARILY CONTINUE AND PROVIDING FOR VESTING OF CERTAIN DEVELOPMENT RIGHTS (APPLICATION NO. 05-RE-12, CITY OF SARASOTA) AND 5) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4631, TO REZONE VARIOUS PROPERTIES LOCATED IN DOWNTOWN SARASOTA AND MORE PARTICULARLY DESCRIBED HEREIN TO THE DOWNTOWN BAYFRONT (DTB) ZONE DISTRICT, AN URBAN MIXED USE ZONE DISTRICT GENERALLY APPROPRIATE FOR THE DOWNTOWN SARASOTA BAY FRONT AREAS BETWEEN MOUND STREET AND 10TH STREET WHICH ARE NOT DEVOTED TO RECREATIONAL USES; ALLOWING A MAXIMUM OF 50 DWELLING UNITS PER ACRE AND A MAXIMUM BUILDING HEIGHT OF EIGHTEEN (18) STORIES; ALLOWING FOR CERTAIN DEVELOPMENT RIGHTS UNDER EXISTING ZONING TO TEMPORARILY CONTINUE AND PROVIDING FOR VESTING OF CERTAIN DEVELOPMENT RIGHTS (APPLICATION NO. 05-RE-13, CITY OF SARASOTA) Following a presentation, City Attorney Fournier stated that a recommendation is to discuss the rezonings at the current meeting, vote on the rezoning at the August 4, 2005, Special Commission meeting, and vote for adoption at the August 15, 2005, Regular Commission meeting. (FTR 6:12) Mayor Servian noted Commission consensus to approve the recommendation of City Attorney Fournier concerning scheduling of the vote. (FTR 6:12) Following a presentation by Redevelopment Specialist Karin Murphy regarding proposed Ordinance Nos. 05-4628, 05-4629, 05-4630, and 05-4631, Mayor Servian noted Commission consensus for Staff to present the rezonings incorporated in the proposed Ordinances in more detail at the August 4, 2005, Special Commission meeting. (FTR 6:57) The following people spoke: Attorney Michael Furen, representing Michael Saunders & Company, Dickinson Photography, Cy and Linda Sherr, Irish American Management Services Limited I, LP, Lemon Avenue II, LC, and Kolter Properties; Attorney Robert Lincoln representing Katherine Duggan, Devin and Marian Ann Rutkowski, Peter Laughlin, and Silva BOOK 58 Page 29872 06/30/05 6:00 P.M. BOOK 58 Page 29873 06/30/05 6:00 P.M. Court, LLC; Denise Kowal; R. Dale Adcock, president of The Original Gillespie Park Neighborhood Association; Jeffrey Oldenburg; John Susce, President of the Park East Neighborhood Association. The Commission recessed at 7:30 p.m. and reconvened at 7:40 p.m. The following people spoke: Robert Steuber, Wayne DeLair, Harry Rosenblum, Andrea Seager, Attorney Crag Colburn, representing Gillespie Park Villas, Alex Lancaster, and Fruitville Downtown Development Properties; and John Harshman. (FTR 8:15) 2. CITIZEN'S INPUT There were none signed up to speak. In response to a question by Commissioner Palmer, City Attorney Fournier stated that two safeguards exist to prevent continual applications under the old zoning: 1) if an application was filed prior to December 31, 2005, the application must be a completed application to preclude a situation of simply filling out and submitting the without supporting material; and 2) if an application is submitted prior to December 31, 2005, the application must be diligently processed such that a building permit is issued prior to the end of the December 31, 2006, and applications filed after January 1, 2006 would be required to be filed in conformity with the Downtown Code. In response to a comment by Commissioner Palmer, City Attorney Fournier stated if a revision is requested to an application is filed under the existing Zoning Code (2002 Ed.), the revision will be submitted to Staff in the same manner as an application filed under current regulations; that a determination will be made as to a minor or major revision; that Staff will apply the criteria in the current Zoning Code (2002 Ed.); that a minor revision would be allowed; that a major revision would require a public hearing and a possible new site plan application. In response to a question by Commissioner Shelin, City Attorney Fournier stated that clearing alleyways in the City will be reviewed. In response to a question by Commissioner Bilyeu, City Attorney Fournier stated that the zone district boundaries can be moved in the Downtown Edge, Downtown Core, and Downtown Bayfront Zone Districts, but not the Downtown Neighborhood Zone District. In response to a question by Commissioner Bilyeu, City Attorney Fournier stated that changing retail frontage to Office Professional Business would require only a Zoning Code (2002 Ed.) change. In response to a question by Commissioner Bilyeu, City Attorney Fournier stated that Staff desires avoiding zoning enclaves; however; neither the Zoning Code (2002 Ed.) or the City's Comprehensive Plan prohibits zoning enclaves. 4. ADJOURN Mayor Servian adjourned the meeting at 8:27 p.m. 11 ia MARMANNEERVIANA MAYOR e es BILLY B ROBINSON:CITY AUDITOR AND CLERK BOOK 58 Page 29874 06/30/05 6:00 P.M.