CITY OF SARASOTA Development Review Division Development Services Department MINUTES OF' THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY APRIL 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Planning Board Daniel Deleo, Vice Chair Members Present: Shane LaMay, Terrill Salem, Douglas Christy, Daniel Clermont Planning Board Michael Halflants, Chair Members Absent: City Staff Present: Mike Connolly, Deputy City Attorney Lucia Panica, Director, Development Services Alison Christie, AICP, General Manager, Development Services Noah Fossick, AICP, Acting Development Review Chief Planner, Development Services Dan Ohrenstein, PE, Assistant City Engineer, Public Works Department David Smith, AICP, Manager of Long-Range Planning, Planning Department Miles Larsen, Manager, Public Broadcasting John Nopper, Coordinator, Public Broadcasting Amanda Cisneros, Development Review Coordinator, Development Services I. CALLMEETING TO ORDER AND ROLL CALL 1:32:36 P.M. Vice Chair Deleo called the meeting to order. General Manager Christie (acting as the Planning Board' S Secretary) called the roll. II. PLEDGE OF ALLEGIANCE III. CHANGES TO THE ORDER OF THE DAY City Attorney Connolly discussed Changes to the Order of the Day and Vice Chair Deleo's recusal from two items. City Attorney Connolly administered the oath and discussed time limits. IV. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE TO THE PUBLIC: At this time anyone wishing to speak at the following public hearings will be required to take an oath. (Time limitations will be established by the Planning Board.) A. Reading oft the Pledge ofConduct Ms. Christie read the Pledge of Conduct. Minutes of the Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 2 of 10 B. Legislative 1. Solar Utilities ZTA: Zoning Text Amendment Application No. 24-ZTA-03 request for Zoning Text Amendment approval to amend the Zoning Code to add Solar Utility as a permitted use in the Industrial General (IGD) and Industrial Heavy (IHD) Zone Districts, to add definitions of Solar Utility and Glint and Glare, and to add Development Standards specific to Development of a Solar Utility. (David Smith, AICP, Manager of Long-Range Planning) Staff Presentation: David Smith, AICP, Manager of Long-Range Planning presented a PowerlPoint and gave a description of the proposal. Mr. Smith provided the definitions, parking, buffer requirements, and glare and glint assessment requirements. Mr. Smith noted that there are three standards for review, which are consistent with the comprehensive plan; furthers the purposes of these regulations and other city ordinances, regulations and actions designed to implement the Sarasota City Plan; and would be in the public interest and serve a valid public purpose. Planning staff recommends approval of this petition. PB Member Clermont posed questions regarding easements and requirements. Mr. Smith spoke to the questions. City Attorney Connolly spoke to the proposal and explained the process for Solar Utilities and easements. Vice Chair Deleo spoke to the proposal and posed questions about the proposed language. Mr. Smith addressed Vice Chair Deleo and explained the process of creating the language for the ZTA. Discussion ensued. PB Member Clermont spoke to the proposal. PB Member Clermont made a motion to recommend approval to the City Commission. PB Member Lamay seconded the motion. Motion passed 4-0. C. Quasi-judicia! 1. Bobby Jones Golf Course Phase 3 (1000 Azinger Way): Site Plan application No. 23-SP- 23 request for Site Plan approval to construct an approximately 17,000-square foot permanent clubhouse which includes an approximately 5,250-square foot restaurant and 4,500-square foot cart barn. The subject site has a street address of 1000 Azinger Way and is located in the Governmental (G) Zone district with a Future Land Use (FLU) Classification of open space, recreational, conservation. Vehicular access is proposed from Circus Boulevard. (Alison Christie, AICP, Development Services General Manager) Minutes of the Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 3 of 10 City Attorney Connolly questioned ex-parte communications and called on affected persons. Applicant Presentation: Mr. Scott Wedgeworth, Nick Bossman, and Chris Cianfalione presented and provided a description about the proposal. Nick Bossman discussed the proposed clubhouse, the building design, use for the clubhouse and location. PB Member Lamay posed questions regarding the design and existing clubhouse. Mr. Bossman spoke to PB Member Lamay's questions. StaffPresentation: Ms. Alison Christie presented and provided a description of the proposed request. Ms. Christie noted that staff recommends approval to City Commission. PB Member Lamay posed questions regarding parking. Ms. Christie addressed PB Member Lamay's questions. PB Member Christy posed questions regarding the use for the clubhouse. Ms. Christie explained that the clubhouse will be open to the public and could be used for private events. Affected Persons: Ms. Kim Giacardo spoke to the proposal. Staff Rebuttal: Ms. Christie addressed concerns posed by affected persons regarding Photometric Site Plans. Applicant Rebuttal: Mr. Nick Bossman spoke to comments posed by affected persons. Vice Chair Deleo posed questions regarding Land Conservation. Mr. Bossman spoke to Vice Chair Deleo's questions and explained the Land Conservation agreement process. PB Member Clermont spoke to the proposal. PB Member Salem spoke to the proposal. PB Member Lamay made a motion to recommend approval to the City Commission subject to the conditions written in the staff report. City Attorney Connolly explained that the proposed Site Plan is in a G-Zone and requires a public hearing at City Commission. Minutes of the Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 4 of 10 PB Member Christy seconded the motion. Motion passed 5-0. 2. North Pompano Rezone (0 N. Pompano Avenue): Rezone application No. 24-REN-02 request for Rezone without Site Plan approval to rezone an approximately 14,450 square- foot parcel from the Residential Single Family 3 (RSF-3) Zone District to the Residential Single Family 4 (RSF-4) Zone District. The subject parcel is located on the west side of North Pompano Avenue between 6th Street and 8th Street and has a Future Land Use Classification of Single Family (Low Density). (Noah Fossick, AICP, Acting Development Review Chief Planner) Applicant Presentation: Ms. Tesha Wood presented and explained the requested proposal. Staff Presentation: Mr. Noah Fossick, Acting Development Review Chief Planner, presented and provided a description of the proposal, discussed Future Land Use, Zoning, development standards and noted Staff recommends approval to City Commission. PB Member Lamay questioned the review process for rezones. Mr. Fossick addressed Planning Board Member Lamay's questions. PB Member Lamay made a motion to recommend approval to the City Commission. PB Member Salem seconded the motion. Motion passed 5-0. City Attorney Connolly announced that PB Member Salem will continue the meeting as Chair. 3. 1274 4th Street Residences (1274, 1282, 1290 4th Street): Adjustment application No. 23- ADP-03 request for Planning Board adjustment approval to allow for vehicular access on 4th Street, and to allow for two parking spaces to be located in the second layer of the property along 4th Street, and to reduce the percentage of required parallel frontage on the ground floor in order to allow for parking and utilities access. The subject site has street addresses of 1274, 1282, and 1290 4th Street. (Amy Bavin, Development Review Planner) Applicant Presentation: Mr. Joel Freedman, Chris Gallagher, Mark Mueller, and Brian Jones presented. Mr. Freedman explained the zoning history and discussed the requested proposal. Mr. Gallagher discussed the reasons for the request. Mr. Gallagher also pointed out entrance location, utility infrastructure, trash enclosures and the driveway proposal. Mr. Freedman discussed the review criteria. Minutes of thel Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 5 of 10 PB Member Clermont posed questions regarding alley access. Mr. Jones spoke to PB Member Clermont's questions. PB Member Clermont posed questions about primary streets. Mr. Gallagher addressed PB Member Clermont. Mr. Freedman spoke to the question. Discussion ensued. PB Member Lamay spoke to the proposal and posed questions regarding the curb cut and the alleyway. Mr. Gallagher spoke to PB Member Lamay's questions. PB Member Lamay posed questions about parallel parking. Mr. Gallagher explained parallel frontage and habitable space. PB Member Christy posed questions about the primary streets at the proposed location. Mr. Gallagher spoke to the question. Mr. Freedman discussed primary streets, tree localion and parking. PB Member Lamay posed questions regarding the loss of parallel parking spaces. Mr. Freedman clarified the number of parking spaces. Acting Chair Salem spoke to the proposal and the entrance location. Mr. Jones addressed Chair Salem. Staff Presentation: Ms. Amy Bavin presented with Assistant City Engineer, Dan Ohrenstein and provided a description of the proposed adjustment requests. Ms. Bavin discussed the location, explained each adjustment, and noted that the adjustments do not comply with code. Mr. Ohrenstein discussed alley access, City policy, the traffic study, and parking requirements. PB Member Lamay posed questions regarding alleyway maintenance. Mr. Ohrenstein provided an explanation. PB Member Lamay questioned trash pickup. Mr. Ohrenstein pointed out the locations for trash enclosures. PB Member Clermont spoke to the proposed adjustments regarding increased traffic. Mr. Ohrenstein noted that the traffic impact will be reviewed as applications are submitted. PB Member Clermont questioned counting parallel parking towards the development. Mr. Ohrenstein explained parking management and regulations. Acting Chair Salem posed questions regarding parking, proposed curb cut and agreements between the applicant and owners. Mr. Ohrenstein provided the encroachment agreement explanation. Affected Persons: David Lough presented and spoke to the proposal. Citizen Input: Citizen Input received. Applicant Rebuttal: Minutes of the Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 6 of 10 Chris Gallagher presented and addressed comments regarding alley access and provided examples of locations with primary street access. Mr. Gallagher spoke to comments received from affected persons. PB Member Christy posed a question regarding unit price. Mr. Jones addressed PB Member Christys question. PB Member Christy made a motion to deny the request. PB Member Clermont seconded the motion. PB Member Christy spoke to the motion. City Attorney questioned clarification for the motion. PB Member Christy withdrew the motion. The hearing was reopened. PB Member Lamay posed questions for clarification. Mr. Gallagher clarified the adjustment. PB Member Clermont spoke to making a motion for each adjustment. PB Member Christy restated the motion made to deny. Acting Chair Salem seconded the motion. City Attorney Connolly explained the motion made by PB Member Christy. PB Member Christy spoke to the motion. PB. Member Lamay posed questions regarding the adjustment for second layer parking. PB Member Christy addressed PB Member Lamay. Ms. Christie provided an explanation for the adjustments. PB Member Lamay spoke to the adjustments. Ms. Lucia Panica, Development Services Director spoke to the proposal and provided clarification for each adjustment. City Attorney Connolly addressed PB Member Lamay's questions. Discussion ensued. PBI Member Clermont posed a request to the adjustment. Ms. Panica provided clarification for the adjustments and explained the design being proposed. Minutes of the Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 7 of 10 PB Member Lamay posed questions about approving one of the adjustments. City Attorney Connolly addressed PB Member Lamay. City Attorney explained the motion. PB Member Clermont spoke to the motion. Motion passed 4-0. The Planning Board took a 10-minute break. 4. Lofts on Lemon II (851 N. Lemon Avenue): Adjustment application No. 24-ADP-03 request for Planning Board Adjustment approval to allow a 33% reductionof the sidewalk zone from twelve fcet wide to cight feet wide, and allow to a 56% increase in the façade length without an architectural feature for a 125-foot long section of uninterrupted parking structure wall. The subject site has a street address of 851 North Lemon Avenue. (Noah Fossick, AICP, Acting Development Review Chief Planner) Applicant presentation: Mr. Joel Freedman, John Colon, Chris Gallagher, Jake Zunamon, Phil Smith and William Russell presented. Mr. Freedman provided a description of the proposal. Mr. Gallagher provided a description of each adjustment, location, and amended adjustments. Mr. Phil Smith presented and discussed the changes to the adjustment. Mr. Freedman discussed parking and Mr. Gallagher noted that the project will use the Live Local Act. City Attorney Connolly discussed the code for the sidewalk, explained the adjustment and questioned if there was an amendment to the proposed adjustment. City Attorney Connolly noted that the amended adjustment is an administrative adjustment and explained the process for the second adjustment. PB Member Christy posed questions regarding the changes to the administrative adjustment. City Attorney Connolly addressed PB Member Christy. Mr. Chris Gallagher posed questions regarding the adjustment review process. City Attorney Connolly provided an explanation. Discussion ensued. Mr. William Russell noted that a delay in the process could result in a loss of funds for the project. Acting Chair Salem suggested a break for staff to discuss the amended changes. The Planning Board took a 10-minute break. City Attorney Connolly provided recommendations regarding the amended adjustment application for the sidewalk, noted that the changes have not been reviewed by staff and clarified that the decision will proceed as amended. Minutes of the Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 8 of 10 PB Member Christy posed questions regarding the amenity zone. Mr. Gallagher addressed PB Member Christy's S questions. Mr. Freedman spoke to PB Christy's questions. Discussion ensued. PB Member Lamay posed questions regarding the areas of paved grade. Mr. Gallagher addressed PB Member Lamay's questions. PB Member Clermont posed questions regarding trees in the amenity zone. Mr. Phil Smith addressed PB Member Clermont's questions. PB Member Clermont posed questions regarding parking. Mr. Gallagher addressed PB Member Clermont's questions. Discussion ensued. Staff Presentation: Noah Fossick, Acting Development Review Chief Planner presented and provided a description of the property, Zoning, Future Land Use, and explained each adjustment. Mr. Fossick discussed the amended adjustment and addressed parking. Mr. Fossick noted that Staff is recommending denial. PB Member Lamay posed questions regarding the architectural features. Mr. Fossick addressed PB Member Lamay's questions. Ms. Christie referred to the code for the Rosemary Overlay District to address PB Member Lamay. PB Member Christy posed questions regarding the amended adjustments and Staff's perspective. Mr. Fossick spoke to the amended adjustments. Citizen Input: Citizen input received. Applicant Rebuttal: Mr. Mark Mueller discussed the fire and loading template to address parking concerns. Mr. William Russell spoke to the proposal and voiced concerns regarding the review process. PB Member Christy posed questions regarding trees. Mr. Phil Smith addressed PB Member Christy's questions. PBI Member Christy posed questions about garage screening. Mr. Gallagher addressed PB Member Christy's questions. Acting Chair Salem spoke to the amended adjustments. City Attorney Connolly addressed Acting Chair Salem and voiced concerns about setting a precedent for future proposals. The Planning Board members spoke to the adjustments. Minutes of thel Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 9 of 10 City Attorney Connolly clarified the motion to adopt a motion to find that 24-ADP-03 as amended by the applicant on 4/10/24 is consistent with Section IV-1903 of the Zoning Code and to approve the request for adjustment subject to review by Staff for compliance with all applicable codes subject to the following conditions listed in the Staff Report. PB Member Clermont moved forward with the motion. PB Member Lamay seconded the motion. Motion passed 4-0. V. CITIZEN's INPUT NOTICE TO THE PUBLIC: At this time Citizens may address the Planning Board on topics of concern. Items which have been previously discussed at Public Hearings may not be addressed at this time. (A maximum 5- minute time limit.) There was no citizen's input. VI. APPROVAL OF MINUTES 1. March 13, 2024 Approved 4-0 VII. PRESENTATION OF TOPICS BY STAFF Ms. Christie discussed the process for determining conflicts and advised the PB members to review emails and discussed scheduling a special meeting. VIII. PRESENTATION OF TOPICS BY PLANNING BOARD Items presented are informational only (no action taken). Any issue presented that may require future action will be placed on the next available agenda for discussion. PB Member Clermont posed questions regarding comments received from affected persons. Ms. Christie addressed PB Member Clermont. Discussion ensued. PB Member Christy voiced concerns regarding the notification of meetings. City Attorney Connolly addressed PB Member Christy's concerns and explained the notification process for all PB members. Discussion ensued. IX. ADJOURNMENT Meeting adjourned at 5:08:31 p.m. Minutes of the Regular Planning Board Meeting April 10, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 10 of 10 Dliemn Olstio KA Alison Christie Michael Halffants, Chair General Manager and Secretary to the Board Planning Board/Local Planning Agency FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRSTI NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE DeLeo Daniel J City of Sarasota Planning Board MAILING ADDRESS THE BOARD, COUNCIL, COMMESONAUTHORITYA OR COMMITTEE ON 1733 South Dr WHICHI SERVE ISAUNIT OF: a CITY OCOUNTY OOTHERLOCALAGENCY CITY COUNTY Sarasota Sarasota NAME OF POLITICAL SUBDIVISION: City of Sarasota DATE ON WHICH VOTE OCCURRED MYPOSITIONIS 4/10/24 - ELECTIVE U APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAS) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0. F.A.C. APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: Your must disclose orally the nature of your conflict in the measure before participating. Your must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Dan DeLeo hereby disclose that on. 4/10 20 24 (a). Ar measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, Hunter Norton a partner at Shumaker inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: The conflict related to 2 matters: (1) Lofts on Lemon II because my partner Hunter Norton represents Sarasota Housing Authority the applicant in 24-ADP-03, and; (2) 1274 4th St. Residence because my partner Hunter Norton represents the applicant or associated entities. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 4/10/24 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR. A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)0.FAC.