CITY OF SARASOTA MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY September 22, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Planning Board Damien Blumetti, Chair Members Present: Kathy Kelley Ohlrich, Vice Chair Members Patrick Gannon, David Morriss, Terrill Salem Planning Board Members Absent: City Staff Present: Mike Connolly, Deputy City Attorney Steven R. Cover, Planning Director, Planning Department Ryan Chapdelain, General Manager, Planning Department Gretchen Schneider, General Manager, Development Services Chris Brown, Development Review Senior Planner Dan Ohrenstein, Assistant City Engineer Jason Collins Transportation Consultant Angela McLeod, Administrative Assistance, Development Services I. CALL MEETING TO ORDER AND ROLL CALL PB Chair Blumetti called the meeting to order and Director Cover [acting as the Planning Board's Secretaryl read the roll call. II. CHANGES TO THE ORDER OF THE DAY There were no changes to the order of the day. III. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE TO THEI 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 of Conduct 1:39:47 PM Secretary Cover administered the Pledge of Conduct. Attorney Connolly recommended time limits for the petitions that will follow, and PB Members accepted them by consensus. Attorney Connolly administered the oath for all present who intended to speak in the following public hearings; and summarized the procedures for the quasi-judicial public hearings that will follow. 1:47:17 PM Vice Chair Ohlrich made a motion to continue the meeting to September 23rd at 1:30 pm to provide Planning Board members the necessary time to study the Selby Gardens Master Plan in its entirety. PB Member Gannon seconded the motion for discussion. Discussion ensued. This motion failed 1/4 with PB Chair Blumetti and PB Members Gannon, Morriss and Salem voting no. B. Quasi-judicia Public Hearings Attorney Connolly summarized the procedures noting there were four applications being considered and stated those would be consolidated into one public hearing. PB Chair Blumetti opened the public hearings. Minutes of the Special Planning Board Meeting September 22, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 2 of 6 1. Zoning Text Amendment Application No. 20-ZTA-05: Request for Zoning Text Amendment approval to create a new Botanical Gardens (BG) office district as an implementing zone district under existing future land use, Community Office/Institutional (COI). (David L. Smith, AICP, Manager of Long Range Planning) 2. Marie Selby Botanical Gardens Phase 1: Site Plan Application No. 20-SP-09, Rezone Application No. 20-RE-01, and Easement Vacation No. 20-SV-01 are a request for Site Plan approval to build a 28,600 sq ft Plant Research Building/Welcome Center, a 450-space parking garage, an approximately 4,377 sq. ft. accessory restaurant and an approximately 2,502 sq ft accessory retail sales operation. Thea approximately 14.73-acre property is located in the Residential Single Family (RSF-1), Residential Multiple Family (RMF-1) and Residential Multiple Family (RMF-3) zone districts, with a street address of 1534 Mound Street. The applicant has proposed to rezone the property to the Botanical Garden (BG) zone district as part of a companion Zoning Text Amendment application. The applicant is also requesting approval to vacate existing easements that were created through the prior approved Right of Way Vacation (11-SV-02) of S Palm Avenue. (Chris Brown, Development Review Senior Planner) 1:58:34 PM Applicant Presentation: Ms. Jennifer Rominiecki, President and Chief Executive Officer of Marie Selby Botanical Gardens; Chris Cianfaglione, Landscape Architect with Kimley-Horn; Jordan Leep, Senior Traffic Engineer; Philip DiMaria, Planner; Gary Acoustics Expert Gary Siebein; and Christopher Hatton, Senior Transportation Consultant appeared and discussed the history of Marie Selby Botanical Gardens; reviewed the proposal including how the applicants coordinated with the surrounding residents; compromises that have been made; the existing conditions of the site; potential future development of the site under the proposal as well as under the existing Future Land Use Classification and zoning; specific on-site and off-site improvements that are proposed; the purpose of the proposed Zoning Text Amendment; and challenges related to the physical location of the site. 2:37:37 PM PB Members disclosed their ex-parte communications as follows: PB Member Gannon had a conversation with staff on Monday; PB Member Salem visited Selby Gardens with his daughter and spoke with Jennifer Rominiecki, Wendy Deming, Chris Cianfaglione, and on other staff on-site; PB Vice Chair Ohlrich spoke with staff and a resident, Mr. Bernstein; PB Chair Blumetti had a meeting with staff on all three quasi-judicial public hearings. 2:38:57 PM PB Members discussed with the applicants the need to have the restaurant available to the general public; the impact of limiting the number of events held annually on the Garden's revenues; the racial composition of the workforce; the need to create a new zone district rather than conform to the existing; the effectiveness of proffers; parking requirements; proposed changes to footprint of the parking garage from the last proposal; the impact on the tree landscape; the heights of each of the elements for the parking garage; the newly Minutes of the Special Planning Board Meeting September 22, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 3 of 6 installed noise level mitigation system; the rationale for drastically under developing the property; provision of traffic calming devices in the surrounding neighborhoods; the potential need to raise membership fees; special event permits; the operating hours of the proposed restaurant; anticipated growth in annual attendance; the capacity of the site; public access; flexibility to revise the Site Plan once it is approved; landscape buffering; the language of the proposed zoning text amendment as it relates to proposed permitted uses; the inclusion of the recommended stipulations in the traffic analysis; vehicular access; and the staging plan for construction. The applicants responded stating Marie Selby Botanical Gardens was committed to diversity; noted they provide complementary memberships to underserved families; provided a breakdown of the ethnicity and gender of the 75 employees; said the goal of the Zoning Text Amendment is to permit a Botanical Garden in areas other than residentially zoned property; stated the proposed parking in excess of what is required is meant to accommodate future development such as the installation of a Learning Pavilion and the expansion of the greenhouses; discussed the impacts of the revisions to the parking garage footprint on the location of other facilities on the site; pointed out the tree mitigation plan; discussed stormwater improvements; said the Code dictates how height is measured; discussed the procedures for sound mitigation and monitoring of same; noted no increase in fees is anticipated; said proffers apply to special permits as well; stated the capacity is self-restricted at 2500 in order to maintain compatibility with the surrounding residential; said public access was available via the MURT; noted the accessory restaurant has to have internal access only due to Code requirements; pointed out minor revisions can be made to the site plan without going back through public hearing process; said the landscape buffer will be a concrete wall with plantings; stated all permitted accessory uses are defined in the proposed Zoning Text Amendment; and said the Maintenance of Traffic (MOT) Plan address public access. 6:37:40 PM Staff Presentation David L. Smith, AICP, Manager of Long Range Planning, discussed the proposed Zoning Text Amendment stating the Standards for Review were listed; said the standards will be added to the Office zone districts; discussed the primary and accessory uses permitted int the proposed Botanical Garden zone district; noted no residential uses will be permitted; said an alternative parking ratio can be approved by the Director of Development Services that would reduce the number of parking spaces that are required; discussed windows and signage; and said staff recommend approval. Dan Ohrenstein, Assistant City Engineer, and Dr. Jason Collins, Transportation Consultant, appeared and provided an overview of the traffic analysis stating the project meets concurrency requirements; special events were the main focus; a capacity analysis was performed for both the existing and proposed conditions; reviewed the key findings; discussed the proposed stipulations noting if implemented it would allow for more efficient traffic circulation; and pointed out the proposed building footprints will improve the existing car/ pedestrian conflicts. Chris Brown, Development Review Senior Planner, appeared and discussed the Site Plan and Rezone applications stating both of those as well as the proposed street vacation were Minutes of the Special Planning Board Meeting September 22, 2020. at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 4 of 6 predicated on the approval of the proposed Zoning Text Amendment; highlighted the differences between the previously proposed Site Plan and the currently proposed Site Plan; presented a comparison of the uses permitted in the existing and proposed zone districts; and discussed the proposed development standards. THE PLANNING BOARD TOOK A 1-HOUR RECESS 7:41:55 PM PB Members questioned if the restaurant could be made a permitted use in the new zone district; how the Standards of Review were developed; if the Botanical Garden Zone District could be applicable to properties other than the Selby Gardens site; what adjustments could be approved administratively; if any chapters in addition to the Future Land Use Chapter of the Sarasota City Plan had been considered; how the applications were evaluated without a tree plan; what the process for revising the site plan once it is approved would be; if a new implementing zone district had ever been added to an existing Future Land Use Classification; how peak hour traffic counts were derived; how many special events per year would be held; requested a comparison of the Development Standards for the proposed Botanical Garden zone district with the Development Standards for moderate residential and multi-family moderate density; discussed height restrictions for residential uses: in a flood zone; questioned the effectiveness of the proffers in reducing the noise issues; discussed bicycle and pedestrian safety concerns; asked about the installation of shade trees along the MURT; questioned how the public would access the MURT while the site is under construction; and requested the approved staging plan be brought back before the Planning Board for informational purposes only. Staff and the Applicants responded by stating a Comprehensive Plan Amendment would have to be approved in order for the restaurant to be a permitted use; the Standards for Review were developed in coordination with various groups; said the original proposed zone district was Marie Selby Botanical Garden zone district and that was changed to Botanical Garden zone district which is a more generic zone district; said administrative adjustments would be permitted as outlined in the document; noted all relevant chapters of the Sarasota City Plan had been considered; pointed out trees that are grown on botanical gardens are exempt from having to be removed or be protected; discussed the process for modifying an approved site plan; confirmed new implementing zone districts had been added to an existing Future Land Use Classification in the past; noted 10-12 special events per year were anticipated; discussed how the proposed Development Standards compared to the existing Development Standards; discussed how building height is calculated in a flood zone; confirmed their belief that the proffers would address the noise issues; noted Engineering staff coordinated with the transportation planners regarding the site plan; discussed how the proposed transportation improvements would enhance the safety of bicyclists and pedestrians; said due to FDOT requirements the ability to plant shade trees along the MURT was limited; noted public access to the MURT while the site is under construction would be addressed in the staging plan; and said staff would bring the staging plan to the Planning Board for informational purposes, pointing out that it is outside the Planning Board's purview. Minutes of the Special Planning Board Meeting September 22, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page50 of 6 8:40:35 PM Affected Persons: The following individuals appeared and were granted Affected Person Status by the Planning Board by consensus: Louanne Ouellette-Roy, DeLynn Davidson, Margaret Ruyle, Susan Chapman, Ken Shelin, Barbara Sassen May, Arthur Hall, Elizabeth Rose, Gregory Mutz, J. Allison Archbold, Frederica Lindsay, Robert Lindsay, and Susan Renfrew. Elliot Rose and Debora Blomster applied for Affected Person status however since they were not present they were not granted Affected Person status. PB Chair Blumetti announced the procedures for testifying and Attorney Connolly administered the oath to those who were not present earlier. Louanne Ouellette-Roy, Susan Chapman, Barbara Sassen May, Arthur Hall, Elizabeth Rose, J. Allison Archbold, Frederica Lindsay, Robert Lindsay, and Susan Renfrew appeared in opposition citing the commercialization of the property, noise issues, traffic and safety concerns, pollution, removal of trees, spot zoning, is out of scale with the neighborhood, size of the parking garage, hours of operation, outdoor amplified music, inconsistency with the Comprehensive Plan, number of special events held annually, types of accessory uses that are proposed, increase in building footprints, lack of adequate development standards, lack of transparency relating to the Master Plan, and their tax exempt status. Ken Shelin, Margaret Ruyle, and Gregory Mutz appeared in support citing consistency with the Comprehensive Plan, the significant changes made to the original proposal based on concerns expressed by the surrounding neighbors, is privately funded, they are expanding the garden area, traffic and parking improvements, sound mitigation system, resiliency, the preservation of historic botanical literature and world-class plant collections, and the improvements to the MURT. Discussion ensued regarding taking more citizens input this evening or adjourning. By consensus the Planning Board agreed to take citizen testimony until 10:00 PM. 9:16:52 PM Citizen Input: Robert Bernstein, Carl Caruso, Mrs. Caruso, Mike Sullivan, Mary Price, and Joyce Cloutier, appeared in opposition citing lack of willingness to compromise, size of the proposed parking garage, hours of operation for the restaurant, accessory uses are poorly defined, amplified music, commercialization of the property, traffic concerns, expanded building footprints, tree removal, increased pollution, and the number of special events annually. Heather Kasten (representing the Chamber of Commerce), Pauline Wamsler, Craig Kaplan, Sean Patton, John Cloud, Mark Steinwachs, Ron Skipper, Colleen Maguire, Walter Gilbert, and Vickie Oldham appeared in support citing the improvements will attract new businesses to the area, job creation, compromises made with the surrounding neighbors, transportation improvements, desire to maintain the property as a botanical garden, programs offered for underserved families, environmental benefits, training and education programs, does not require a Comprehensive Plan Amendment, protects valuable Minutes of the Special Planning Board Meeting September 22, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 6 of 6 resources, enhancements to the overall area, sound system mitigation, enhanced green space, codifies the property as a botanical garden, improvements to the MURT, stormwater improvements, and commitment to diversity. Director Cover read a letter into the record from Robert Lincoln, Attorney representing the Hudson the Association had reached an agreement with Selby Gardens and does not object to the proposed text amendments, rezoning site plan, or right of way vacation. Angela McLeod-Wilkins read a letter of opposition from Alex Hall into the record. Discussion ensued. PB Chair Blumetti announced the public hearing would reconvene at 1:30 PM on Wednesday, 9/23/20 and adjourned the meeting. Steyén R. Cover, Planning Director Damien Blumetti, Chair Planning Department Planning Board/Local Planning Agency [Secretary to the Board]