CITY OF SARASOTA Planning and Development Division Neighborhood and Development Services Department MINUTES OF THE REGULAR MEETING OF THE. PLANNING BOARD/LOCAL PLANNING AGENCY June 12; 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 Mort Siegel, and Vald Svekis Planning Board Members Absent: City Staff Present: Michael Connolly, Deputy City Attorney David Smith, General Manager, Neighborhood & Development Services Gretchen Schneider, General Manager, Planning & Development Courtney Mendez, AICP, Senior Planner Ric Hartman, Senior Planner Miles Larson, 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 of the Pledge of Conduct Secretary Smith read the Pledge of Conduct aloud. Attorney Connolly reviewed quasi-judicial hearing procedures and the recommended time limits for the petitions. Board Members agreed to the time limits. Discussion ensued on votes that are: 2/2. Attorney Connolly noted a 3/1 vote is required to approve/deny applications, however, given the Planning Board does not meet in July and the appointment for the vacant position is on the June 17th City Commission agenda this should be the only meeting with only 4 members. The oath was administered to all intending to speak regarding the petitions on the agenda. Ex-parte communications were disclosed. PB: member Svekis stated he had spoken to the landscaper at One Palm. PB Chair Ahearn-Koch stated she had spoken to the landscaper, Mr. Smith, as well and had also spoken to Ms. Jessica Stevens. Minutes of thel Regular Planning Board Meeting June 12, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 2 of 8 B. Ouasi-ludicial. Public Hearings 1. WINE D'VINE [57 SOUTH BOULEVARD OF THE PRESIDENTS): Site Plan and Major Conditional Use applications 13-SP-08 and 13-CU-02 propose a bar and alcoholic beverage store in an existing 3,453 sq. ft. space using a 2COP license. The parcel is zoned Commercial Tourist (CT). [Ric Hartman, AICP, CNUa, Senior Planner). Attorney Connelly stated an application for affected person status had been received from Mr. Joseph Casadio. Mr. Casadio was not present and therefore his request was denied. Applicant Presentation: Mr. Joel Freedman, Agent, and Mr. Mike Ricker, Applicant, appeared to present the petition. Mr. Freedman stated the proposed use is Wine D'vine, a wine tasting/ package sales operation, and presented a graphic showing the location. Mr. Freedman noted for the record, a variance had been granted from the required 500 distance from residential uses. Mr. Freedman stated a community workshop was held in March of this year and several changes were made based on that feedback. Mr. Ricker discussed the proposal stating it would be family owned and staffed, focused on minimal foodfare, and that 400-500 wines would be available for purchase. Mr. Freedman discussed the proffers noting an additional proffer limiting occupancy to 100 has been offered and if the need for higher occupancy occurred the applicant would have to come back through process and also sprinkle the building unit. Mr. Freedman noted the proposal is consistent with criteria and the applicant accepts staff s proposed conditions. PB: member Svekis questioned the philosophy of the proposed hours. Mr. Ricker stated the proffered hours of operation were based on neighbors' concerns. PB member Siegel noted concerns had been voiced about the proliferation of alcohol related businesses. Discussion ensued regarding vendor sponsored tastings, having a security plan in place, conditional uses being a privilege versus a right, and public necessity and convenience standards. Mr. Ricker stated the operation is family run and that staff will be trained to avoid need for public assistance, noting due to the nature of the operation problems are anticipated to be minimal. PB: member Gallagher discussed the proffers and wondered if the word "all" could be added to proffer #4. PB Chair questioned the specific location chosen. Mr. Ricker stated the square footage availability on St. Armand's is limited and this space is adequate for their proposed operation. In addition the landlord occupies the space next to and above this space. Discussion ensued regarding operating hours of surrounding establishments. Mr. Freedman noted those that close earlier operate under a different license. PB Chair Ahearn-Koch questioned parking. Mr. Freedman stated due to traffic patterns parking/traffic is steered away from the residential area. Staff Presentation: Senior Planner Hartman appeared and stated the additional proffer was expected and is included in staff s recommended conditions. Senior Planner Hartman also confirmed the aforementioned establishments that close at 10:00 pm do operate under a SRX license and therefore must close at 10:00 pm, noting that requirement is closely monitored. Senior Planner Hartman noted the proximity of the proposed use to the residential is further than the two establishments discussed. PB member Svekis discussed the relationship between providing live music and the need for law Minutes of the. Regular Planning Board Meeting June 12, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 3 of 8 enforcement services. Discussion ensued regarding the conditional use running with the company versus the property, addressing complaints, and enforcement of the noise ordinance. General Manager Schneider appeared and noted the communication between City staff, the Police Department and the St. Armand's business district. Ms. Schneider clarified that the conditional use does stay with the property rather than the business, those conditions are recorded in the official records, and any future businesses would have to abide by the conditions or go back through the process to amend them. Attorney Connolly discussed the requirements for ensuring the conditions are recorded. PB Chair Ahearn-Koch questioned staff's s thoughts on hours of operation, consistency with surrounding establishments, the necessity of the late hours on Friday and Saturday and the effect on residential neighborhood 110 feet away. Senior Planner Hartman confirmed the hours of operation were consistent with other establishments hours, discussed the parking and traffic noting both are: in the opposite direction from the residential neighborhood, and discussed the desire to separate establishments that serve alcohol. Discussion ensued on hours of operation in general, the distance between other establishments and residential areas, and the history of complaints on St. Armand's. Affected Person Testimony: There was no testimony from affected persons. Citizen's Input: Mr. Paul Hartman appeared in support of the application noting he lives one block from the proposed use and is rarely disturbed. Mr. Hartman stated he approved of the venue as it is different than the other establishments on St. Armand's. Applicant Rebuttal: Mr. Freedman appeared and stated a number of other area establishments are open late, the applicant is dedicated to the project, the establishment will be a family-run operation, and the City can feel confident it will be well run. Staff Rebuttal: None PB Chair Ahearn-Koch closed the public hearing. PB member Svekis made a motion to find Conditional Use application 13-CU-02 consistent with the standards for review specified by Section IV-906 of the zoning code, and to find Site Plan 13-SP-08 consistent with the Sarasota City Plan 2030 and the standards for review specified by Section IV-506 of the zoning code, and recommend approval to the City Commission subject to the conditions and proffers of the applicant including the addition of the 5th proffer that limits the maximum occupancy to 100. PB member Siegel seconded the motion. Discussion ensued regarding the fact St. Armand's is the only area zoned for tourists and the positive nature of the proposed use. PB member Gallagher requested affirmation that the word "all" will be added to proffer #4. PB Chair Ahearn-Koch reiterated her concerns regarding hours of operation and proximity to the residential area and stated she applauded the applicant for doing his homework and reaching out to the community. The motion carried unanimously. 2. ONE PALM [240 SOUTH PINEAPPLE AVENUE!: Application 13-ADP-03 proposes three adjustments, including two adjustments to the maximum building setbacks permitted on primary streets as specified in Table VI-1003 of the Zoning Code and one Minutes of the Regular Planning Board Meeting June 12, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 4 of 8 adjustment to the required awning on required retail frontages as specified in Table VI-1004 of the Zoning Code (2002 edition), for a proposed ten story mixed use project on property located in the Downtown Core (DTC) zone district. [Courtney Mendez, AICP, Senior Planner). Applicant Presentation: Mr. Joel Freedman, Agent, and Mr. Gary Hoyt, Architect appeared to present the petition. Mr. Freedman noted the developers, Mr. John Meshad and Mr. Dennis McGillicuddy, were present as well as the Landscape Architect/. Arborist Mr. Phil Smith. Mr. Freedman discussed the application noting the proposal is for a hotel/residentia/retal mixed use and is consistent with the Downtown Core zone district. Mr. Freedman stated the applicants were requesting three adjustments, two to the maximum building setbacks and one to the required awning on retail frontages noting that the property is unusable without the adjustments. Mr. Freedman discussed the setback and awning requirements for frontage on primary streets, stating due to the 8 42 foot easement that exists those requirements could not be met. Mr. Freedman discussed the requirement to save a grand oak and the measures taken and noted the adjustments have been granted previously on the property. PB: member Siegel stated there was not enough information provided to adequately review the proposed project. Discussion ensued regarding the intent of the adjustment provisions and the fact without the adjustments the final design of the project will not move forward. Mr. Freedman noted the renderings indicate how the buildings elevation works around the tree and show the footprints for the restaurant, apartment lobby, hotel lobby, hotel drop off, service area and interior courtyard. PB member Svekis questioned why only one of the trees on the property was being saved. Mr. Freedman stated the grand oak is in the public right-of-way while the other trees were on private property. Discussion ensued regarding the possibility of designing the buildings around the canopies of the trees on the private property. Mr. Freedman stated the removal of the exiting trees would be mitigated. Mr. Smith stated the trees planted as part of the mitigation would exceed the code requirements. StaffPresentation: Senior Planner Mendez appeared and presented aerials indicating the area of the proposed new building, the property line, the drainage easement, the adjacent building built at the same setback as is being proposed, and the grand tree. Senior Planner Mendez stated staff recommends approval of the request with conditions that a brick paver sidewalk be constructed, an 8' removable awning be provided, and the setback around the grand tree. Senior Planner Mendez noted the standards for grand trees on public property are higher than for those on private property, that the plans were conceptual however enough information was provided for review in terms of the adjustments requested, and additional details would be submitted/reviewed if adjustments are granted. Discussion ensued regarding information required to be submitted and the various codes that apply. PB member Siegel questioned why the City's Parks and Connectivity Master Plan was not listed. Senior Planner Mendez stated the project does not impact that plan. Discussion ensued regarding exact width/length of the easement, if the City Commission would be voting on the project, the process the City uses to protect trees, and placing requirements for saving the trees on private property in the conditions. Minutes of the Regular Planning Board Meeting June 12, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 5 of 8 Citizen Testimony: Mr. Peter Fanning appeared stating he is an owner/resident on Palm Avenue, that he appreciates efforts to save the grand tree, he has concerns about the four trees on private property, would like to see landscaping versus brick pavers due to the effect on the stormwater drainage, and has concerns regarding the use of the area where the grand tree is located should the grand tree die. Applicant Rebuttal: Mr. Joel Freedman, Mr. John Meshad, Mr. Dennis McGillicuddy, and Mr. Gary Hoyt appeared. Mr. Meshad stated the applicants had submitted the information required for requesting an adjustment, noted if the adjustments are not granted the site cannot be developed at all, and stated specific site plan design is not part of this application. Mr. Meshad discussed the criteria for requesting an adjustment, noting the applicants had met all rather than the minimum required, that the hardships were not self-imposed, and processes are in place to address the issues raised. PB member Siegel stated not enough information was provided noting the design can change significantly. Mr. Meshad countered that it is too costly to design the project prior to the adjustments being approved and stated the applicants were open to stipulating the setbacks cannot change. PB member Svekis noted the applicant is caught in a Catch 22 situation through no fault of their own. Staff Rebuttal: Senior Planner Mendez appeared and noted in reference to Mr. Fanning's comments that landscaping versus brick pavers would not be permitted in the easement and if the grand oak died in the near. future it would have to be mitigated. PB Chair Ahearn-Koch questioned if the information provided was adequate based on the criteria for requesting adjustments. Deputy City Attorney Connelly discussed the criteria for granting adjustments noting the criteria had been met. PB Chair Ahearn-Koch closed the public hearing. PB member Gallagher made a motion to find Adjustment 13-ADP-03 consistent with Section IV-1903 of the Zoning code and approve the Adjustment, subject to the following conditions: 1. Subject to approval of the City's Utility Department relating to use of the drainage easement, the applicant shall construct a brick paver or similar sidewalk surface between the face of the building to the property line and dedicate such area for pedestrian ingress/egress. as an extension of the adjacent public sidewalk. 2. Subject to approval of the City's Utility Department relating to use of the drainage easement, a minimum 8-foot depth awning shall be provided along a minimum of 90% of the building frontage along Ringling Boulevard. The awning may be constructed to be either retractable or a fixed awning provided it can be removed to allow access for work within the easement area. 3. Prior to approval of any cantilever of the building over the tree canopy of the grand tree, the applicant shall submit a report prepared by City approved certified arborist or Florida registered landscape architect that it will not: negatively impact the future health or growth of the tree. PB: member Svekis seconded the motion. Discussion ensued regarding the hardships the applicant faces due to the easement, the fact there are no other alternatives, and the Minutes of the Regular Planning Board Meeting June 12, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 6 of 8 property cannot be developed at all without the adjustments being granted. The motion carried 3/1 with PB: member Siegel voting no. 3. SALLY & SAM SHAPIRO CHILDREN & FAMILY CENTER [1651 16TH STREET): Site Plan and Major Conditional Use applications 13-SP-07 and 13-CU-03 propose the construction of an up to 12,003 square. foot medical office building along with parking on a 1.57 acre parcel owned by the City of Sarasota and under lease as part of the existing Glasser-Schoenbaum Human Services Center, located in a Governmental (G) zone district. [Courtney Mendez, AICP, Senior Planner). Attorney Connelly stated an application for affected person status had been received from Mr. Michael Hickman. Mr. Hickman was not present and therefore his request was denied. Applicant Presentation: Mr. John Cavoli appeared to present the application. Mr. Cavoli stated the existing facility runs along 17th Street, the Children & Families Center is currently located in a small building at the existing facility, the proposal is to construct a 12,000 sq. ft. building on the existing unused parking lot, the Children & Family Services would be relocated and expanded into the new building to meet the increasing needs of the community, the new building is proposed to be constructed on the south side of the property to acknowledge the residents to the north, there is no increase in impervious surface proposed sO stormwater runoff is not impacted, Goodrich right-of-way bisects the site and the applicants are proposing to construct a sidewalk along that right-of-way given the majority of their clients use public transportation, and utilities will be provided via 16th street. PB: member Svekis questioned the ingress/egress for emergency access and the sequence of constructing the building and improving the Goodrich right-of-way. Mr. Cavoli stated the Fire Department had requested the additional emergency access, and the construction of the building and improvements to the Goodrich right-of-way would occur simultaneously. PB Chair Ahearn-Koch questioned where the bus stops were located, the approximate distance between the bus stops and the facility, and buffering along 16th Street. PB member Svekis questioned lighting at nighttime. Mr. Cavoli stated there will be security lights and noted the applicants would have to provide a plan to the City confirming the lighting does not go off-site. Staff Presentation: Senior Planner Mendez appeared and noted there are multiple bus stops in the area, the proposal is consistent with the existing zoning, discussed the surrounding land uses, and noted the majority of the platted right-of-way for 16th Street had been vacated however was still used by area residents. Senior Planner Mendez stated the proposal is a community service use and the lease hold between the City and Glasser- Schoenbaum Human Services Center requires the conditional use approval, and that the use is limited to the medical office described and could only be changed by going through the process again. Senior Planner Mendez stated the Site Plan standards under the Government Zone District are based on the most restrictive adjacent zone district, the parking standards have been met, the landscaping requirements for both the parking lot and buffering of the site have been met with a mix of a fence, shrubs and mature trees, noted the applicants are proposing a one-story, 16' building rather than a two-story, 35' building that would be Minutes of thel Regular Planning Board Meeting June 12, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 7 of 8 permitted, and that the building has been placed a minimum of 50 from surrounding residential structures. Senior Planner Mendez further noted that a photometric plan would have to be submitted with the building permit, transportation impacts have been deemed de minimis, and there are no impacts on health, safety, or welfare. Senior Planner Mendez stated staff recommended approval of the Site Plan with the condition all related development and construction plans shall be in compliance with the Site Plan approval and recommended approval of the Conditional Use with two conditions, one limiting the building to 12,003 sq. ft. of daytime medical office, and a second condition the all related development and construction shall be in compliance with the approved Site Plan. Discussion ensued regarding process used to notify surrounding residents, and the hours of operation. Senior Planner Mendez stated the conditions of approval limit the hours of operation to daytime only which prevents shelters, etc to be operated on-site. Citizen Testimony: Mr. Paul Hartman, representing Pines of Sarasota, appeared and stated Pine of Sarasota'ss support for the project. PB Chair Ahearn-Koch closed the public hearing. Discussion ensued regarding the need for shelter at the bus stops and covered walkways to protect clients as they commute to the facility. PB: member Siegel made a motion to find Site Plan 13-SP-07 consistent with Section IV-506 of the Zoning code and recommend approval of the Site Plan to the City Commission with the following condition: 1. The site plan and all related development and construction plans for the proposed building shall be in compliance with those labeled Sally & Sam Shapiro Children & Families Center, received by the Department of Neighborhood & Development Services on March 27, 2013. All final construction plans shall be subject to a full review for compliance with all other applicable codes by the Director of Neighborhood and Development Services. PB: member Siegel also made a motion to find Conditional Use 13-CU-03 consistent with Section IV-904 and recommend approval to the City Commission, subject to the following conditions: 1. Use of the structure shall be limited to up to 12,003 square feet of daytime Community Service Uses limited to pediatric and family medical and dental offices, professional offices for supportive health/wellness: services serving children and families, and related accessory uses. 2. The Conditional Use and all related development shall be completed in compliance with Site Plan 13-SP-07 and the associate plans labeled Sally & Sam Shapiro Children & Families Center, received by the Department of Neighborhood and Development Services on March 27, 2013. Any major revisions to the Site Plan (as defined by Section IV-508 of the Zoning Code) shall be processed in the same manner as the original approval for the Conditional Use and Site Plan applications. PB: member Gallagher seconded the motion. PB: member Svekis reiterated his concerns regarding shelters at the bus stops and covered walkways to protect the Minutes of the Regular Planning Board Meeting June 12, 2013 at 6:00 p.m. in the! Sarasota City Commission Chambers Page 8 of 8 clients. PB member Gallagher suggested the City set aside funding in the CIP for such shelters/covered sidewalks. The motion carried 4/0. IV. CITIZEN's INPUT There was no citizens input. V. APPROVAL OF MINUTES PB: member Gallagher made a motion to approve the minutes of the May 8, 2013 meeting and the revised minutes of the January 23, 2013 meeting. PB member Svekis noted 3 corrections to the January 23, 2013 minutes. PB member Siegel seconded the motion. The motion carried 4/0. VI. PRESENTATION OF TOPICS BY STAFF There were no topics by staff. VII. PRESENTATION OF TOPICS BY PLANNING BOARD PB member Gallagher requested clarification as to whether the special meeting tentatively scheduled for June 26th was going to occur. Secretary Smith confirmed there would be no meeting on June 26th and noted the next Planning Board meeting is scheduled for August. VIII. ADJOURNMENT The meeting adjourned at 8:26 pm. Cnid 4 David Smith, General Manager Integration Jennifer Ahearn-Koch, Chair Neighborhood & Development Services Planning Board/Local Planning Agency [Secretary to the Board]