Book 58 Page 30041 01/23/06 6:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 23, 2006, 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 The meeting was called to order by Mayor Servian at 6:00 p.m. INVOCATION/PLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson 1. REPORT RE: RESPONSE TO LETTER DATED JANUARY 3, 2006, CAPTIONED RECOMMENDED CLARIFICATIONS PRIOR TO ACTION ON SECOND READING OF ORDINANCE NO. 05-4648, PROPOSED ZONING TEXT AMENDMENTS WITHIN THE DOWNTOWN ZONE DISTRICTS" (AGENDA ITEM I) City Attorney Fournier gave a presentation in response to the January 3, 2006, letter from Craig Colburn concerning proposed Ordinance No. 05-4648. (FTR 6:15) 2. NON QUASI-JUDICIAL PUBLIC HEARING (AGENDA ITEM II) City Auditor and Clerk Robinson repeated the Commission's Pledge of Public Conduct and administered an oath to all individuals wishing to speak during the public hearings. 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4650, AMENDING THE ZONING CODE OF THE CITY OF SARASOTA TO PROVIDE THAT NO PUBLIC RIGHTS-OF-WAY SHALL BE VACATED TO ALLOW FOR THE CONSTRUCTION OF ARCADES OR GALLERIES; THAT NO MAJOR ENCROACHMENT AGREEMENTS SHALL BE CONSIDERED OR APPROVED TO PERMIT THE ENCROACHMENT OF ARCADES OR GALLERIES INTO THE PUBLIC RIGHTS-OF-WAY; RESTRICTING THE CONSTRUCTION OF ARCADES AND GALLERIES TO PRIVATE PROPERTY ONLY; DELETING THE BUILDING DESIGN STANDARDS APPLICABLE TO ARCADES AND GALLERIES ON PRIMARY STREETS IN THE DOWNTOWN ZONE DISTRICTS; DELETING THE REQUIREMENT THAT BUILDINGS LOCATED ON PRIMARY STREETS IN THE DOWNTOWN ZONE DISTRICTS SHALL PROVIDE A 20 FOOT MINIMUM DEPTH OF HABITABLE SPACE FOR THE FULL HEIGHT AND LENGTH OF THE FIRST FOUR STORIES; DELETING THE DESIGN STANDARDS FOR BUILDINGS ON PRIMARY STREETS IN THE DOWNTOWN ZONE DISTRICTS APPLICABLE TO BUILDING FACADES; REQUIRED TRANSITION LINES AT THE TOP OF THE SECOND STORY; PEDESTRIAN ENTRANCES; WINDOWS; SHAPE OF OPENINGS; EXTERIOR FINISHES; AND DELETING THE REQUIREMENT FOR STREET WALLS AT THE FIRST LAYER ALONG THE BUILDING FRONTAGE LINE; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (AGENDA ITEM II-1) AND 2. PROPOSED ORDINANCE NO. 05-4649, AMENDING THE ZONING CODE OF THE CITY OF SARASOTA BY REVISING THE REGULATIONS AND STANDARDS APPLICABLE WITHIN THE DOWNTOWN ZONE DISTRICTS BY UPDATING ALL REFERENCES TO THE DIRECTORS OF PLANNING AND BUILDING, ZONING AND CODE COMPLIANCE; DELETING THE PROVISION THAT AN APPLICATION FOR SITE PLAN APPROVAL SHALL BE ACCOMPANIED BY ALL INFORMATION REQUIRED BY ADMINISTRATIVE REGULATION; ALLOWING ADJUSTMENTS FOR LOCATING PARKING ON ZONING LOTS WITH 3 OR MORE PRIMARY STREET FRONTAGES; PROVIDING FOR AN OPTIONAL APPEAL TO THE PLANNING BOARD UPON ADMINISTRATIVE DENIAL OF A REQUEST FOR AN ADJUSTMENT; SUBSTITUTING THE TERM "PERMITTED" FOR "ALLOWED" IN THE CONTEXT OF TABLE VI-1002; ALLOWING ANY NUMBER OF LEVELS FOR PARKING STRUCTURES WHICH ARE COMPLETELY SURROUNDED BY HABITABLE SPACE ON ALL FRONTAGES; CLARIFYING THE APPLICATION OF THE MAXIMUM SET BACK AND MINIMUM FAÇADE REQUIREMENT ON PRIMARY STREETS; CLARIFYING THE APPLICATION OF THE REQUIREMENT THAT RESIDENTIAL USES BE ELEVATED 2 FEET ABOVE THE SIDEWALK; CLARIFYING THAT THE HEIGHT EXCEPTION FOR TOWERS IS LIMITED TO ONE TOWER PER BUILDING; CLARIFYING THAT PERMITTED FRONTAGE TYPES MAY BE USED IN COMBINATION WITH ONE ANOTHER; CLARIFYING THE METHOD OF DETERMINING THE PREDOMINANT CURB LINE AND CEILING HEIGHTS FOR AWNINGS, GALLERIES AND ARCADES; REVISING ALL REFERENCES TO ENCROACHMENTS FOR CONSISTENCY; A BUILDING FACING A PRIMARY STREET SHALL HAVE ITS MAIN ENTRANCE ALONG A FRONTAGE LINE; CLARIFYING THE APPLICATION OF THE DESIGN STANDARD FOR CORNER ARCHITECTURE; CLARIFYING THE AMOUNT OF TINTING ALLOWED ON WINDOWS; CLARIFYING THE APPLICATION OF THE DESIGN STANDARDS REGULATING THE SHAPE OF OPENINGS AND EXTERIOR FINISH MATERIALS, APPLYING THE RESTRICTIONS APPLICABLE TO THE OFF STREET PARKING OF COMMERCIAL VEHICLES TO THE DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICT; AND ELIMINATING THE MINIMUM REQUIREMENT OF 3 AND MAXIMUM LIMITATION OF 9 TOWNHOUSES IN A SINGLE ROW; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 05- ZTA-04, APPLICANT CITY OF SARASOTA) (AGENDA ITEM II.2) Deputy Director Michael Taylor, Chief Planner John Burg and Senior Urban Designer Gary Kecskes, Planning and Redevelopment Department, gave the Staff presentation. The following people spoke: Roger Barry regarding support for design standards in the Downtown Code. Janice Green and Sandra Danu, representing Save Our Sarasota, regarding opposition to the building of arcades in the public rights-of-way. Richard Clapp regarding opposition to the building of arcades in the public rights-of-way. (6:54) Pam Bournival representing Control Growth Now, regarding opposition to the building of arcades in the public rights-of-way. Linda Chessler, Marvin Mills, Julia Seyffert, and Arthur Levin regarding opposition to the building of arcades in the public rights-of-way. (FTR 7:14) Chris Brown representing Sarasota Main Street LLC., regarding support for arcades in the public rights-of-way. Book 58 Page 30042 01/23/06 6:00 P.M. Book 58 Page 30043 01/23/06 6:00 P.M. Robert Lincoln regarding arcades in the public rights-of-way and proposed Ordinance No. 05- 4649, Item No. 2, Section IV-1901 (b), site plans, Zoning Code (2002 Ed.). (FTR 7:28) John Moran, representing the Downtown Sarasota Condominium Association, regarding support of an amendment allowing the City the flexibility to approve arcades in the public rights-of-way, where deemed appropriate. The Commission recessed at 7:29 and reconvened at 7:47 p.m. Terry Rawson regarding opposition for arcades in the public rights-of way. Commissioner Palmer returned to the Chambers at 7:49 p.m. Irwin Srob and Paul Thorpe regarding opposition for arcades in the public rights-of-way. Gerri Holmes representing Save Our Sarasota, regarding opposition for arcades in the public rights-of-way. Tony Souza representing the Downtown Partnership of Sarasota, Inc., regarding design standards and the possibility of forming an Architectural Design Committee. (FTR 8:02) Matt Leiter regarding proposed Ordinance No. 05-4650, Item 22, Table Vi-1004 provisions pertaining to "Habitable Space" requiring a minimum 20-foot depth of habitable space on the first four stories. Denise Kowal representing Burns Square regarding support for arcades in the public rights- of-way. (FTR 8:08) Pattie Lanier regarding opposition for arcades in the public rights-of-way. Carl Abbott regarding arcades in the public rights-of-way and design standards. (FTR 8:18) Richard Suckow and Drew Brooksbank regarding opposition for the building of arcades in the public rights-of-way. (FTR 8:25) Sam Holladay representing the Florida Gulf Coast Chapter of the American Institute of Architects regarding design standards. Richard Sheldon, Donald Chaney, and Allan Horton regarding opposition for arcades in the public rights-of-way. (FTR 8:43) Diana Hamilton regarding the possibility of arcades in the public rights-of-way on streets with no existing tree canopy. Javier Suarez regarding opposition to design criteria and support for arcades in the public rights-of-way on a case-by-case basis. Craig Colburn representing the Coalition of Stakeholders regarding support for arcades in the public rights-of-way on a case-by-case basis and a necessary change for the section of the Zoning Code (2002 Ed.), which requires garages in the third layer and masked by a liner building. Simon Sharpiro regarding opposition for arcades in the public rights-of-way surrounded by 18- to 20-story buildings (FTR 8:58) Gretchen Serrie regarding opposition for arcades in the public rights-of-way. Deputy Director Taylor, Chief Planner Burg and Senior Urban Designer Kecskes gave the Staff rebuttal. Mayor Servian noted Commission consensus to include additional llustrations in Article VI- 10 of the Design Standards in the Zoning Code (2002 Ed.) to show diversity of design. (FTR 9:12) Chief Planner Burg stated that Staff recommends changes concerning transition lines, streetwalls, and asymmetrical roofs to proposed Ordinance No. 05-4650. Mayor Servian noted Commission consensus for Staff to hold discussions regarding Section VII-206, Off-Street Parking Requirements, in the Zoning Code (2002 Ed.). (FTR 9:21) City Auditor and Clerk Robinson read proposed Ordinance No. 05-4650. In response to a question from Commissioner Palmer concerning possible changes, Deputy Director Taylor stated that all suggestions for changes to the Zoning Code (2002 Ed.) are complied on a list, reviewed by Staff, and presented to the Commission approximately twice a year. In response to a question from Commissioner Shelin concerning a prohibition of arcades in the public rights-of-way, City Attorney Fournier stated that the Commission can make a legislative determination arcades do not make a sufficient public benefit to justify vacating a right-of-way. In response to a question from Commissioner Shelin concerning Section IV-1309, Arcades and galleries prohibited, and Section VI-1201(b)(1), Encroachments prohibited, Zoning Code (2002 Ed.), City Attorney Fournier stated that as written the prohibition of arcades in the public rights-of-way would preclude a case-by-case consideration and an amendment to the Zoning Code (2002 Ed.) would be required to allow such consideration in the future. In response to a question from Commissioner Palmer concerning galleries, City Attorney Fournier stated that the Commission can: 1) pass the proposed ordinances as written, 2) not pass the proposed ordinances sO the Zoning Code (2002 Ed.) would remain unchanged, or 3) only pass those items desired. In response to a question from Commissioner Shelin concerning Section VI-1005()(1), Zoning Code (2002 Ed.), Building Design, Deputy Director Taylor stated that the Commission adopted Alternate A, the text proposed by the American Institute of Architects, at the December 12, 2005, Regular Commission meeting. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4650 by title only. A motion was made by Commissioner Palmer to pass on first reading Section IV-1309, Arcades and galleries prohibited, and Section VI-1201(b)(1), Encroachments prohibited, Zoning Code (2002 Ed.) included in proposed Ordinance No. 05-4650 and to make the Book 58 Page 30044 01/23/06 6:00 P.M. Book 58 Page 30045 01/23/06 6:00 P.M. changes concerning transition lines, streetwalls, and asymmetrical roofs recommended by Staff. City Attorney Fournier stated that the changes recommended by Staff would have to come forward in a separate ordinance. Motion failed for lack of a second. (FTR 9:40) In response to a question from Commissioner Bilyeu concerning design standards, City Attorney Fournier stated that proposed Ordinance No. 05-4650 as written deletes all design standards in Table VI-1004, Zoning Code (2002 Ed.). Deputy Director Taylor stated that Staff is recommending the deletion of the requirement for symmetrical roofs in Table VI-1004, Zoning Code (2002 Ed.); that streetwalls and transition lines can be made part of the next cycle of amendments to the Zoning Code (2002 Ed.). A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 3-2 vote with Commissioners Shelin and Bilyeu voting no, to pass on first reading Section IV-1309, Arcades and galleries prohibited, and Section VII-1201(b)(1), Encroachments prohibited, Zoning Code (2002 Ed.) included in proposed Ordinance No. 05- 4650 but eliminating the reference to galleries and retaining all other design standards with the exception of the requirement for the symmetry of roofs in Table VI-1004, Zoning Code (2002 Ed.). (FTR 9:50) Mayor Servian noted Commission consensus to have a discussion pertaining to the appropriateness to allow arcades in the public rights-of-way on a case-by-case basis and habitable space. (FTR 9:51) Deputy Director Taylor stated that the appropriateness of arcades in the public rights-of-way on a case-by-case basis, the location of garages in Downtown neighborhoods, transition lines, and streetwalls will be added to the list of amendments to the Zoning Code (2002 Ed.) for consideration in the next cycle of Zoning Text Amendments. In response to a question from Commissioner Shelin concerning habitable space, Deputy Director Taylor stated that a change was made to Staff's recommendation to allow for an adjustment to the requirement concerning habitable space. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4649 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 4-1 vote with Vice Mayor Atkins voting no to pass on first reading proposed Ordinance No. 05-4649 with the exception of the references to arcades in the public rights- of-way. (FTR 10:07) 3. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM III) No one signed up to speak. 4. OTHER MATTERS (AGENDA ITEM IV) A. City Auditor and Clerk Robinson City Auditor and Clerk stated that a Commission workshop concerning the Interlocal Agreement with Sarasota County for maintenance of City parks is scheduled for January 24, 2006, at 12:30 p.m. 5. ADJOURN (AGENDA ITEM V) Mayor Servian adjourned the meeting at 10:08 p.m. Pvl MARY ANNE/SERVIAN, MAYOR OTA ATTEST: Slely BILLVE. RGNSONZITY AUDITOR AND CLERK 90 Book 58 Page 30046 01/23/06 6:00 P.M.