CITY OF SARASOTA Planning and Development Division Neighborhood and Development Services Department MINUTES OF THE SPECIAL MEETING OF' THE. PLANNING BOARD/LOCAL PLANNING AGENCY February 27, 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 Susan Chapman, Mort Siegel, and Vald Svekis City Staff Present: Michael Connolly, Deputy City Attorney Timothy Litchet, Director, Neighborhood & Development Services David Smith, General Manager, Neighborhood & Development Services Ryan Chapdelain, AICP, Chief Planner Miles Larsen, 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 The Planning Board members presented Ms. Linda Strange with a plaque recognizing her retirement. III. LAND USE ADMINISTRATION PUBLIC HEARINGS A. Reading ofthe Pledge ofConduct Secretary Smith read the Pledge of Conduct aloud. Attorney Connolly administered the oath to all intending to speak regarding the hearing this evening. B. Non Quasi-judicial Public Hearings : Continued from January 23, 2013 1. ZONING TEXT AMENDMENT-NORTH TRAIL OVERLAY DISTRICT [NTOD]: Application 13-ZTA-01 proposes a zoning overlay district for parcels with the "Community Commercial" future land use designation in the North Trail area. The proposed NTOD represents an optional set of zoning standards to encourage voluntary, new development and re-development projects along the North Trail. The standards allow projects to function in a sensitive manner to preserve the integrity and long-term viability of the surrounding neighborhoods. NTOD standards do not change the density or uses currently permitted within the underlying zone districts; and although use of the NTOD is not mandatory, development projects that make use of NTOD standards shall be required to follow them for all future development applications. [Ryan Chapdelain, AICP, Chief PamnerNeghborhoods, Minutes of the Regular Planning Board Meeting February 27, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 2of 5 Applicant/ Staff Presentation: Ryan Chapdelain, Chief PamnerNeghborhoos presented the application. Mr. Chapdelain gave a brief introduction of the project, noting the proposal is the result of a three year grass roots effort. He further noted extensive discussion had occurred at the January 23, 2013 Planning Board meeting resulting in the submission of approximately 50 questions to staff and those questions that were specific to the project had been put in matrix form along with staff's responses. In addition, a bullet list of major features had been prepared and Mr. Chapdelain recommended that list be the focus of the discussion tonight. He further respectfully requested the Planning Board make their recommendations at tonight's meeting. Discussion ensued and it was decided the Board would go through the matrix point by point and that public testimony would be heard prior to that. Citizen Testimony: Mr. Michael Taylor appeared in support of the application with changes. Mr. Taylor submitted a letter into the record (attached hereto and made a part of these official minutes) with the following six suggested changes: 1 - Eliminate all provisions that allow the NTOD to be optional; 2 - Retain requirement for Community Workshops for all projects larger than 5000 square feet or 8: residential units; 3 - Add a requirement for a public hearing for projects larger than 5000 square feet or 8 residential units; 4 - Ensure the appeals process allows a person to file an appeal of any decision to the Director of Neighborhood and Development Services; 5 - Ensure a public hearing is not required for an appellant to file an appeal; and 6 - Allow the fee for an appeal to be refunded if the appeal is granted. Mr. David Morriss appeared and stated he has been involved with the process since the beginning, meetings were all open to the public, that the intent was to have something to put out to the public to balance the various components such as parking, and noted the process was meant to be conceptual. Mr. Morriss stated he felt the redevelopment of the area covered by the NTOD should proceed slowly and incrementally. Ms. Yvonne Lacey appeared and stated a lot of improvements have occurred in the area over the past two years. Ms. Lacey stated her concerns that the residents of the area are not fully aware of the proposal, stated her support for public hearings to be required as suggested by Mr. Taylor, and requested communication with the area residents be improved. Ms. Pola Sommers appeared and stated she felt the purchase of properties in the North Trail area during the real estate boom was the driving force behind the redevelopment proposals due to property owners attempting to recoup their investments. Ms. Sommers stated she felt the North Trail was healing itself, and noted her concerns that the proposed overlay district would result in development with higher densities and setbacks that the community finds less desirable. Mr. Jay Patel appeared and stated his opposition to making NTOD mandatory. Mr. Patel stated several property owners that have been participating in this process over the years were concerned over discussions about making the NTOD mandatory. Mr. Patel stated while the property owners want to see the area become pedestrian friendly like Main Street, Minutes of the Regular Planning Board Meeting February 27, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 3 of 5 balance must be found, and noted the administrative site plan approval process was in exchange for extra setbacks and having the daylight plane. Mr. Patel further noted if made mandatory property owners, one in particular with many properties in the NTOD, were likely to consider that a taking of their property rights and seek relief through litigation. Mr. Patel stated it was not speculation but rather detailed review of the various components that brought NTOD to the table and there are too many variables to make it mandatory. After further discussion the following votes occurred by a show of hands: Major Feature #1 - The NTOD is not mandatory, however, any development project that voluntarily makes use of the NTOD shall be required to follow the NTOD standards for all future development applications. Recommendation: Accept as is Vote: 3/2 with PB: members Chapman and Ahearn-Koch voting no. Major Features 2, 9 and 10 were combined for discussion purposes. Major Feature #2 - Replaces the existing NTOD, which currently provides a 10 height bonus (from 35' to 45') if certain standards are met. Existing NTOD is very narroz in scope and has never been utilized by the private sector. Major Feature #9 - Establishes height limits up to 45 feet in the NTOD. There are 10 zones districts "overlaid" by the NTOD. The maximum heights in the 10 individual zone districts are: CG - 45', CGD - 45,CI-45,CN- 35', *CRD - 65,NT - 35/,OPB - 45, / RMF3 - 35', *RMF4 - 95', RSF4 - 35'. *The maximum heights in RMF-4 and CRD, which are entitled to exceed 45, would not be reduced by the NTOD. Recommendation Major Feature #2: Accept as is Vote: 5/0 Recommendation Major Feature #9: Accept as is Vote: 5/0 Major Feature #10 - Establishes "daylight plane" standards and setback standards in the NTOD to enhance compatibility and increase the distance of buildings from adjacent residential uses. Recommendation: Accepted with the inclusion of requirement to measure the daylight plane from the "Recovery Level" as defined in the Sarasota City Plan. Vote: 5/0 Minutes of the Regular Planning Board Meeting February 27, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 4 of 5 Major Feature #3 - Underlying zoning district standards remain in effect except for the standards contained in the NTOD. The NTOD "overlays" ten (10) zone districts. Since the NTOD does not address uses, the underlying base zone districts must be consulted to determine the allowed use(s). However, since the NTOD addresses parking, those overlay standards supersede the base zone district. Recommendation: Accept as is Vote: 5/0 Major Feature #4 - Establishes an administrative development review process. Recommendation: Accept as is Vote: 3/2 with PB members Chapman and Ahearn-Koch voting no. Major Feature #5 - Requires a community workshop prior to filing a development application in the NTOD for any development project over 5,000 sq. ft. (non-residential) or 8 or greater (residential) to notify the public, explain the proposed project and listen to public comment. Recommendation: Accept as is Vote: 5/0 Major Feature #6 - Establishes specific standards for an administrative adjustment process. This allows flexibility for preservation of trees and addresses unforeseen development issues associated with small and irregularly shaped properties within the NTOD area. Recommendation: Accept as is Vote: 5/0 Major Feature #7 - Requires a community workshop prior to filing an adjustment application in the NTOD for any development project over 5000 sq. ft. non-residential) or 8 units or greater (residential) to notify the public, explain the proposed project and listen to public comment. Recommendation: Reworded to read: Establishes a dimensional standard threshold for adjustments. Where applicable, requires a public hearing before the Planning Board for any adjustment application, irrespective of project size, which requests a reduction of a code requirement or an increase in a code limitation by more than 25%." Vote: 5/0 Major Feature #8 - Establishes an appeal process for administrative site plans and administrative adjustments in the NTOD by allowing for a de novo hearing before the Planning Board, whose decision could ultimately be appealed to the City Commission. Recommendation: Accept as is Vote: 5/0 Minutes of the Regular Planning Board Meeting February 27, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 5 of 5 Major Feature #11 - Establishes "urban frontage" standards in the NTOD to enhance building and hardscape aesthetics along North Tamiami Trail. kecommendation: Accept as is Vote: 5/0 Major Feature #12 - Establishes flexible parking standards in the NTOD for new buildings and for re-purposing of existing buildings. Recommendation: Accept as is Vote: 3/2 with PB members Chapman and Ahearn-Koch voting no. Major Feature #13 - Establishes uniform signage design standards in the NTOD to enhance the aesthetics of individual building sites and the entire corridor. Recommendation: Accept as is Vote: 5/0 The Planning Board took a 10 minute Break IV. Approval of Minutes The January 23, 2013 Minutes were approved with 2 corrections, the reference to the date of January 23rd on page 2 was revised to accurately reflect January 9th. V. Presentation of Topics by Staff Attorney Fournier appeared and discussed the pending lawsuit Barfield V. City of Sarasota, City of Sarasota Downtown Improvement District et al and the Sunshine Law. VI. Presentation of Topics by Planning Board No items were brought up for discussion VII. Adjournment The Planning Board adjourned at 9:26 p.m. cuide2 Smub David Smith, General Manager - Integration Jenhifer Anga-Koch, Chair Neighborhood & Development Services Planning Board/Local Planning Agency [Secretary to the Board]