CITY OF SARASOTA Planning and Development Division Development Services Department MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Planning Board Eileen Normile, Chair Members Present: Damien Blumetti, Vice Chair Members Patrick Gannon, David Morriss, Kathy Kelley Ohlrich Planning Board Members Absent: City Staff Present: Mike Connolly, Deputy City Attorney Steven R. Cover, Planning Director, Planning Department (arrived 1:40 PM) Gretchen Schneider, General Manager, Development Services Ryan Chapdelain, General Manager, Planning Department David L. Smith, AICP, Manager, Planning Department Colleen McGue, Chief Transportation Planner, Planning Department Jim Koenig, AICP, Senior Planner, Planning Department Dan Greenberg, Development Review Planner Daniel Ohrenstein, Assistant City Engineer Miles Larsen, Manager, Public Broadcasting Karen Grassett, Senior Planning Technician I. CALL MEETING TO ORDER AND ROLL CALL 1:36:25 PM PB Chair Normile called the meeting to order and announced today's meeting is scheduled from 1:30 PM to 5:00 PM with a dinner break from 5:00 PM to 6:00 PM then commencing at 6:00 PM to approximately 9:30 or 10:00 pm. PB Chair Normile requested that everyone present silence or turn off their cell phones. Planning General Manager Chapdelain [as Acting 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 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 thel Planning Board.) A. Reading ofthe Pledge ofConduct Planning General Manager Chapdelain read the Pledge of Conduct. Attorney Connolly discussed the time limits for this evening's proceedings stating the hearing would begin with the Attorney representing the Bay Point Park neighborhood who has requested forty minutes; said that presentation would be followed by the Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 2 of 18 Attorney representing Hudson Crossing Condominiums who has also requested forty minutes; said Affected Person Susan Chapman had requested 20 minutes; noted those would be followed by testimony from the remaining 19 persons that have been granted affected person status who will have 5 minutes each; said after that anyone from the general public that wants to speak will have 3 minutes each; and stated rebuttals will be after that, and he would discuss the time limits for that portion of the agenda at that time. Attorney Connolly stated tonight's hearing is continued from last Wednesday; said anyone present that was not sworn in last week would have to be sworn in tonight; stated the Planning Board at its meeting last week granted Affected Person status to Ms. Karen Hall who was to be represented by Ms. Rachel Goodwin; said Ms. Goodwin was not available this evening sO Ms. Hall submitted the appropriate paperwork to change her representative to Ms. Alexis Upham; said he recommended the Planning Board grant the request; stated Mr. & Mrs. Gurley has filed requests for Affected Person Status on September 23rd and since the deadline dictated by the Zoning Code required the request be filed by September 11th he recommended the Planning Board not grant those requests. The Planning Board, by consensus, agreed with Attorney Connolly's recommendations. PB Member Ohlrich disclosed additional ex-parte communications with Selby Gardens representatives. B. Legislative Public Hearings 1. Marie Selby Botanical Gardens (811 S. Palm Avenue & 926 S. Palm Avenue) CONTINUED FROM 9/18/19]: Comprehensive Plan Amendment Application No. 18- PA-01 is a request to amend the Future Land Use Map classification of a 14.7+ acre site, known as Marie Selby Botanical Gardens, with street addresses of 811 S. Palm Avenue and 926 S. Palm Avenue from the Community Office/Institutional Future Land Use Map Classification to the Metropolitan Regional Future Land Use Map Classification and to identify existing and primary uses of Botanical Gardens, commercial parking, restaurant, and basic utilities. Applicant is also requesting a Zoning Text Amendment (Application No. 18-ZTA-05) to create a new Marie Selby Botanical Gardens (MSBG) Zone District. (David L. Smith, AICP, Manager, Planning Department) (im Koenig, AICP, Senior Planner, Planning Department) C. Quasi-Judicial Public Hearings 1. Marie Selby Botanical Gardens (811 S. Palm Avenue & 926 S. Palm Avenue) [CONTINUED FROM 9/18/19]: Rezone Application No. 18-REN-02, Site Plan Application No. 19-SP-03 and Easement Vacation Application No. 19-SV-02 are a request for rezone of an approximately 14.7 acre site known as Marie Selby Botanical Gardens with street addresses of 811 S. Palm Avenue and 926 S. Palm Avenue, from the Residential Single Family-1 (RSF-1), Residential Multiple Family-1 (RMF-1) and Residential Multiple Family-3 (RMF-3) Zone Districts to a new proposed zone district called Marie Selby Botanical Gardens (MSBG) Zone District, and Site Plan approval to construct a 486 space commercial parking structure with retail, restaurant and accessory uses as well as a Welcome Center/Plant Research Building and Multi-Use Recreation Trail (MURT). Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 3 of 18 Applicant also requests the vacation of an existing City utility easement and an existing sidewalk easement. (Dan Greenberg, Development Review Planner) 1:42:53 PM Attorney William Moore and Land Planner Dr. David Depew appeared. Attorney Moore stated they were representing the Bay Point Park Neighborhood Association that consists of 76 +/- residents and 44 properties; stated the objections were to the applications rather than Selby Gardens; said the neighborhood felt the proposal was too intense for the size and location of the site; noted under the proposal the parking garage/restaurant would be the primary use while the Gardens would be an accessory use; discussed the stated Goals of the Master Plan noting those goals could be accomplished without the parking garage/restaurant; discussed the trees proposed for removal; stated the proposal was incompatible with the surrounding neighborhoods; stated an Amendment to a Comprehensive Plan can't legally create an inconsistency within the Comprehensive Plan which this does; discussed compatibility stating the existing Future Land Use classification is meant to be a step-down between downtown and the neighborhoods; discussed the intensity that would be permitted under the proposed Metropoltan-kegional Future Land Use classification; noted adjacent residential uses are recognized by the Comprehensive Plan as being incompatible with the Metropolitan-Reginal classification; discussed the staff report stating staff pointed out in their report the reason for the Comprehensive Plan Amendment was to permit the parking garage and restaurant as primary uses; said staff discussed the incompatibilities in their report citing the mass, height and location of the proposed parking garage and restaurant; notes a portion of the surrounding neighborhoods were established over 100 years ago; noted the other sites in the City that have the Metropoltan-kegional Future Land Use classification are two to ten times larger than the Selby Gardens site; said staff noted in their report the inconsistencies with the Historic Preservation and Environmental Protection Chapters of the Comprehensive Plan; discussed need versus desire; stated the data and analysis provided did not support the need; discussed the traffic study noting the results show only 345 parking spaces are needed; discussed the Applicant's S visitor projections stating insufficient data was used; and concluded by stating the due to the lack of sufficient data and analysis to support the need they were requesting the Applicants be asked to revise their plans. 2:11:41 PM Dr. Depew reviewed his background in land use planning and transportation; discussed the ways the proposed Comprehensive Plan Amendment is unnecessary including failing to demonstrate any kind of deficiency that it is intended to address, is inconsistent with statutory requirements, is inconsistent with existing provisions of the Comprehensive Plan, the property already has an economically viable and reasonable use, is out of proportion and incompatible with adjoining residential uses, it would create an unacceptable increase in traffic, it fails to consider alternative locations, it fails to promote walkability, it is incompatible with the existing adjacent historical residential area, and it fails to encourage a functional mix of uses; and concluded based upon these factors the Planning Board should recommend denial. Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 4 of 18 2:24:12 PM PB Member Morriss questioned if Dr. DePew was suggesting Selby Gardens' collections should be moved outside the flood zone. Dr. DePew stated he was suggesting the applicants should look for alternative locations are required prior to requesting expansion in a flood zone; and noted no study had been done. PB Member Morriss questioned if Dr. DePew had included in his visitor projections the possibility that more of Selby Gardens' collection would be made available to the public. Dr. DePew stated he used Selby Gardens' numbers, noting not enough data points were used. PBI Member Morriss noted the applicants were self-limiting the intensity of] proposed uses in order to mitigate the intensities permitted under the Metropolitan-Regional Future Land Use classification. Dr. DePew stated once the site is designated Metropolitan- Regional it will be easier to argue for additional intensity in the future. 2:28:00 PM PB Member Ohlrich questioned Dr. DePew's note from his original report that the proposal failed to coordinate with other Government agencies' approved plans. Dr. DePew stated he was referring to Sarasota County's Local Mitigation Strategic Plan that clearly states that the use should be moved outside the Coastal High Hazard area and FDOT's comment that the garage was too large based upon the projections in the traffic study were both ignored. PB Member Ohlrich pointed out Dr. DePew's comment that the designation of the proposed MSBG zone district as a Metropoltar-kegional land use is inconsistent with the definition of that category and inconsistent with FDOT and MPO plans for the area. Dr. DePew stated the proposed intensification was out of scale with FDOT plans for the area. PBI Member Ohlrich questioned if Dr. DePew considered the proposed future roundabout in his analysis. Dr. DePew stated he did not and noted an expansion of this sort in this area is expensive and restrictive. 2:30:40 PM PB Member Gannon questioned how Dr. DePew came up with his calculation of the number of parking spaces that are required. Dr. Delew stated he used ITE calculations that relate land uses to parking. Discussion ensued regarding using averages of the calculations in the ITE Manual. PB Member Gannon questioned the comparisons Dr. DePew made between Selby Gardens and other Botanical Gardens nationally and worldwide. Attorney Moore noted the applicants had compared Selby Gardens to other Botanical Gardens that had major uses adjacent to them. PB Member Gannon and questioned if those calculations could be related specifically to the Botanical Garden; questioned if the other gardens they looked at had on-site parking garages; and questioned if restaurant square footages of comparative gardens had been looked at. Attorney Moore stated most of the other Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 5 of 18 gardens they looked at have large adjacent uses and other transit options; said a couple of those had on-site parking garages; and stated the square footage of on-site restaurants at comparable gardens had not been looked at. 2:36:17 PM PB Vice Chair Blumetti questioned if Dr. DePew was suggesting the current Future Land Use classification was more appropriate than the Metropolitan-Regional Future Land Use classification. Attorney Moore stated yes because the existing Future Land Use classification could be amended to add Botanical Gardens as a permitted use. Dr. DePew noted the current Future Land Use classification and existing zoning could be amended to allow for the expansion, noting the transitional uses would remain under that scenario. PB Vice Chair Blumetti noted there are other permitted uses allowed under the existing Future Land Use classification and existing zoning. Dr. DePew stated Botanical Garden could be added to the existing as a Conditional Use. PB Vice Chair Blumetti stated the proposal, with the exception of the restaurant, is almost identical to the existing use, and questioned if Dr. DePew was saying the compatibility issue was due to the intensity and density proposed. Dr. DePew stated the parking garage/restaurant intensifies the use, noting the restaurant is rather large and the structure would be 80' tall. PB Vice Chair Blumetti noted the existing Future Land Use classification allowed for more intensity/density than the proposed. Dr. DePew stated the use is currently non- conforming and noted the site would have to be rezoned in order to expand. Discussion ensued. 2:40:46 PM PB Chair Normile stated her research showed that ITE: numbers are not considered good indicators for parking studies. Dr. DePew stated the parking study should be based on a use that is similar in size and location. PB Chair Normile questioned if the approval of the Comprehensive Plan Amendment was conditioned the Master Plan as it is today would that solve the issue of being able to revise the plans in the future with a simple majority vote. Dr. DePew stated tying a site plan to a Future Land Use classification is not a good idea, noting slight adjustments to site plans during the permitting process are common. PB Chair Normile questioned if Selby Gardens was to relocate what impacts any development under the existing Future Land Use classification and zoning would have on the surrounding neighborhoods. Dr. DePew stated any development would have to comply with all the elements of the Comprehensive Plan. Attorney Moore noted some of the existing uses at Selby Gardens could be located off-site while leaving the gardens intact in the current location; and stated any development should be consistent with the surrounding neighborhoods. Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 6 of 18 2:49:08 PM PB Member Gannon said staff had indicated previously that the commercial component of the existing Future Land Use classification would be more appropriate for comparison purposes than office and requested Dr. DePew's thoughts. Dr. DePew stated it is better to modify an existing zone district to allow Botanical Gardens than create a new zone district. PB Member Gannon questioned what uses proposed under the Master Plan could/could not be developed under the existing Community Olfice/Industrial Future Land Use classification, noting the maximum height of 45' under the existing zoning. Dr. DePew stated the height of the proposed parking garage could be decreased or the additional height could be approved under a Conditional Use. PB Member Gannon questioned if the parking garage and restaurant could be accessory uses. Dr. DePew stated they could. Attorney Moore stated all of the uses proposed under the Master Plan could be developed under the existing zoning; noted no data had been provided that backs up the applicant's S claim that the proposal would generate 78 million dollars and create 3,000 jobs; and stated that backup data should be required. PB Vice Chair Blumetti stated the maximum density and floor area ratio (FAR) are far greater under the existing Future Land Use classification and zoning. Dr. DePew stated the use should be permitted as a Conditional Use. PB Vice Chair Blumetti questioned how that was different. Dr. DePew stated in doing SO you would not be creating a new zone district. PB Member Gannon questioned if the existing Future Land Use classification and zoning would have to be modified. Dr. DePew stated probably not if the plans were scaled back. Discussion ensued regarding what constitutes an accessory use and how that is measured. 2:56:121 PM Attorney Robert Lincoln appeared and stated he represented the Hudson Crossing Condominium Association; notes is only development that is immediately adjacent to Selby Gardens; said Hudson Crossing is currently objecting to the rezone, site plan and street vacation; have been working with applicants closely to resolve issues directly impacting Hudson Crossing; said they have substantial agreement, however are still working through issues that are critically important to the compatibility issue; discussed the need for and benefits of having a planned development land use classification within the City; said there are no good options under the current regulations; noted the existing zoning is not compatible with the Comprehensive Plan; stated if Selby Gardens was to sell the property it could be rezoned to an office use that is compatible with other uses along the Mound Street/US 41 corridor; noted the applicants had chosen to locate the parking garage/restaurant structure away from the neighborhoods; discussed the Master Plan noting Phase 2 will include the greenhouse complex, other plant development areas, and a new access road; stated the access road creates compatibility issues since it is located adjacent to Hudson Crossing and will be used by service trucks to support events; said there are two sets of proposed stipulations, noting staff's S concerns with ability to enforce Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 7 of 18 the stipulations; requested if the project is approved stipulation numbers 2a-2i, 6,8 and 9 under Alternative Motion B in the staff report be included as part of the approval; discussed the stipulations noting 2a-2i address noise mitigation; number 6 requires the buffer to be constructed before construction begins; number 8 addresses the buy-out issue, and number 9a = 9c has to do with staging and construction; said staging plans are not normally part of site plan approval however will identify specific issues that need to be addressed as part of the construction staging; discussed the City's noise ordinance stating hard to enforce; said managing projected sounds is not difficult to enforce; reviewed the location of the mechanical equipment stating 75 decibel permitted at property line; said due to compatibility issues the standard should belessened; discussed the noise ordinance as it relates to construction noise and the times construction can begin; reviewed standards he drafted that could be included in the Zoning Text Amendment regarding revisions to the proposed design standards related to accessory uses, the restaurant use, commercial parking, setbacks, noise, refuse and recycling, buffering, and construction staging and management plans; stated the applicants have reviewed the proposed revisions to the design standards and have no fundamental objections; discussed existing code requirements related to restaurants and bars; stated his intent is to work with the applicants to find a way to make the Zoning Text Amendment work; and concluded by stating Hudson Crossing requests that the PB: not recommend approval of the rezone, site plan and street vacation due to the unresolved compatibility issues, however if the PB recommends approval reiterated Hudson Crossing's request that stipulation numbers 2a- 2i, 6, 8 and 9 under Alternative Motion B in the staff report be included as part of the approval and his proposed revisions to the design standards in the Zoning Text Amendment be incorporated. 3:32:47 PM PB Member Ohlrich noted there was already a proposed stipulation that there will be no amplified music outdoors. Attorney Lincoln stated that was only stipulated for the restaurant and noted there are other areas in the Gardens that could have amplified outdoor music. PB Member Ohlrich said Attorney Lincoln had stated the noise from the mechanical equipment would be 75 decibels; questioned how far from the property line the Hudson Crossing residents were; and noted noise levels go down with distance. Attorney Lincoln stated the City's noise ordinance allows up to 75 decibels; said the Hudson Crossing residents were 36 or 39 feet from the property line; and said the study the applicants performed indicated decibel levels of 55 to 63 however he felt they could do better. 3:35:43 PM PB Member Morriss said Attorney Lincoln had stated concerns regarding there being no protections when Phase 2 is being constructed and Attorney Lincoln had suggested revisions to the Code; and questioned if Attorney Lincoln felt the remaining issues were insurmountable. Attorney Lincoln stated the remaining issues include noise and hours with respect to construction which is being negotiated; and stated the applicants were concerned that the Code will be written to where it causes construction delays. Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 8 of 18 PB Member Morriss questioned what else needed resolved. Attorney Lincoln stated the staging area for construction materials, however he felt that could be resolved. PB Member Morriss questioned if there was anything in the proposed Master Plan Hudson Crossing was fundamentally against. Attorney Lincoln stated some of the residents objected to the parking garage/restaurant; said the Association did not; noted the proposed redevelopment improves existing conditions in certain ways (parking lot/access); noted many aspects of the site plan have been revised based on Hudson Crossing's concerns; said if Selby Gardens is permitted to have the restaurant as a permitted use and managed the parking within a garage that would mitigate the impacts better than anything else could; stated he was skeptical that if the applications are denied a less intense project that would be better for Hudson Crossing would be unlikely; and said that was why he was working with the applicants to find a plan that will work. PB Member Morriss questioned if Attorney Lincoln's S suggested revisions to the proposed design standards would cover all his concerns. Attorney Lincoln stated it would not; noted some of the issues would have to be resolved by negotiating private covenants that would be enforced privately; and said he hoped the suggested revisions would assist in the negotiations. 3:45:45 PM PB: Member Gannon questioned if the concern was construction materials being delivered using the access off Orange Avenue. Attorney Lincoln stated Palm Avenue would be used for delivery of construction materials during Phase 1; said once the garage is functional the construction materials would be stock piled at the south end of Palm Avenue; said that area cannot be stipulated because it is private; and said additional issues related to Phase 2 construction materials will require private agreements. PB Member Gannon questioned if the concern then was construction traffic for Phase 2 coming off Orange Avenue then using the access road that abuts Hudson Crossing. Attorney Lincoln stated the question was where the materials will be stored and how those materials would be brought in. PB Member Gannon stated the PB had received proposed proffers today and proffer number 10b appears to address those concerns. Attorney Lincoln stated those pertained to Phase 1. 3:51:49 PM PB Vice Chair Blumetti stated if the property were to be developed under the existing Future Land Use classification and zoning there would be service trucks; said the intensity of that would be much greater than a couple of box trucks delivering for events. Attorney Lincoln stated the potential for that might be there; noted if there is no agreement in place, when the applicants come in to rezone as part of Phase 2 he will argue that access makes the project incompatible due to the location next to residential property; said it is a design Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 9 of 18 versus use issue; said he agreed under certain conditions any development based on the existing Future Land Use classification and zoning could be as problematic if not more SO in terms of traffic. PB Vice Chair Blumetti questioned if Attorney Lincoln had included any language in his proposed revisions to the design standards that dealt with that. Attorney Lincoln said he had not; and noted the purpose of the proposed revision was to assist in the negotiations. PB Vice Chair Blumetti stated it appeared the mechanical equipment area was designed insuch a manner: as to accommodate Hudson crossing's concerns. Attorney Lincoln stated that was correct, noting that demonstrates that code requirements could be met or exceeded. PB Vice Chair Blumetti questioned including the staging plans being included in the zoning text. Attorney Lincoln stated those are proposed for this specific zone district only; and noted he was only proposing the issues that need to be addressed at that level be identified, he was not suggesting the staging plan itself had to be generated at that time. 4:00:45 PM PB Chair Normile requested Attorney Lincoln share his thoughts regarding accessing the parking garage off Palm Avenue as suggested by Attorney Moore. Attorney Lincoln stated he was not a transportation planner however has a lot of experience studying site plans; said the left turn off of Mound Street onto Palm Avenue is hazardous due to its location relative to the traffic signal and the geometry of the curve; said he agrees that closing the median cut is the safest option; and discussed other possible configurations stating none of those would work with this site. PB Chair Normile referred to if the 50 maximum decibel limit Attorney Lincoln proposed was a standard. Attorney Lincoln stated that was based on other local standards which he modified to fit this specific issue. PB Chair Normile discussed the use of the restaurant terrace and the potential noise issues and asked if Attorney Lincoln was aware of any ways to cap the noise. Attorney Lincoln said that was best dealt with through design criteria; and discussed ways the site has been configured to lessen the impacts. 4:09:01 PM PB Member Ohlrich questioned if Attorney Lincoln was referring to the glass wall on the terrace when discussing the noise mitigation efforts; and asked if staff had reviewed his proposed revisions to the design standards. Attorney Lincoln confirmed he was referring to the glass wall; and said staff had received the proposed revisions to the design standards this morning. PB Member Ohlrich questioned if the applicants had reviewed the proposed revisions. Attorney Lincoln stated they had; noted he has been working closely with the applicants; Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 10 of 18 and said he discussed the proposed revisions with Attorney Bailey and with the exception of the decibel levels the applicants were in agreement with the proposed revisions. THE PLANNING BOARD TOOK A 5 MINUTE RECESS 4:15:24 PM Ms. Susan Chapman appeared and stated she was a former member of the Planning Board, was a City Commissioner, and represented the City on the MPO; discussed the process noting the number of development applications being considered; said the proposal was inconsistent with the definition of compatibility in the Neighborhood and Future Land Use chapters of the Comprehensive Plan as well as the State Community Planning Act; said City staff's justification for recommending approval of the Comprehensive Plan Amendment to allow for a commercial parking garage and commercial restaurant was because it would serve the social and economic needs of the community; noted the restaurant would compete with other businesses and there are plenty of parking options; said the number of parking spaces being proposed was excessive when compared to other Botanical Gardens; said the restaurant should be accessory to the Botanical Garden rather than a primary use; said the proposal was not appropriate for the location as it would strain the transportation network; noted Orange Avenue is a no truck and traffic calming area; discussed crash data for the intersection of Orange Avenue and Mound Street; stated the proposed parking garage and restaurant do not fit with the character and scale of the historic Botanical Gardens or surrounding residential uses; discussed climate change implications stating the site is within a flood zone; reviewed current traffic conditions on Orange Avenue; stated the need to consider walkability, traffic and multi-model transportation options when reviewing proposed development; reviewed portions of Jeff Speck's book regarding walkability, traffic and multi-model transportation; stated she had attended several of the neighborhood meetings the applicants had held and was told there would be no compromises; noted the 50% more garden space the applicants have been promoting would consist primarily of hard surface; noted the number of trees being removed; said drastic flooding and sea level rise will occur; said the size and mass of the garage would have a negative impact on the open vista to the water; discussed noise from festivals; said the MURT between the massive building and a federal highway would not be welcoming; stated she was President of her Neighborhood Association when they worked out the noise issue with the hospital and that it can be worked out but not without side noise; said the proposal is incompatible with the Future Land Use Plan; said the need for the parking garage/restaurant. had not been justified; discussed the previous vacation of that portion of Palm Avenue stating residents had been told the use of that right-of-way would not change, the Children's Garden area would not be used for special events, and public access to the water would be maintained; said none of those promises were kept; and requested the Planning Board vote that the proposal is inconsistent with the Comprehensive Plan. Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 11 of 18 4:35:54 PM PB Chair Normile questioned what Ms. Chapman was referring to when she mentioned side noise. Ms. Chapman said the decibels could be lowered using a certain type of science; and noted she was referring to outside noise. PB Member Gannon noted the proposed site plan shows a large number of trees being removed with no mitigation plan yet and asked if the reduction in the number of trees would impact the ability to limit pollution. Ms. Chapman stated they were all mature trees; said the applicants have a duty to show compliance with the Comprehensive Plan; and noted trees also absorb water. PB Member Ohlrich noted trees also absorb sound. PB Vice Chair Blumetti stated for the record that the list of trees to be removed shown by Ms. Chapman was actually the inventory of all trees. 4:40:44 PM Attorney Connolly said the Planning Board was still in the portion of the public hearing where Affected Persons presented their cases in chief. Discussion ensued regarding continuing with the Affected Persons testimony before the dinner break. Attorney Connolly called Thomas Coler. Mr. Coler was not present. Attorney Connolly called Robert Beecher. Mr. Beecher stated his request for Affected Person status was denied. Attorney Connolly called Susan Renfrew. Ms. Renfrew testified she was opposed to the applications citing concerns regarding noise; the size and scale of the parking garage; and the rooftop restaurant. Attorney called Louanne Roy. Ms. Roy testified she was opposed to the applications citing the size of the parking garage; intensity of proposed uses; impact on property values; noise; traffic; negative impacts on quality of life; removal of trees; and displacement of animals. 4:53:53 PM PB Chair Normile announced the meeting was adjourned until 6:00 PM. 6:00:00 PM PB Chair Normile stated Affected Person testimony would resume and requested Secretary Cover read the Pledge of Conduct. Attorney Connolly administered the oath to those present who were: not previously sworn in. Minutes of the Special Planning Board Meeting September. 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 12 of 18 Attorney Connolly called Lynn Soussou. Ms. Soussou distributed materials to the Planning Board members then testified she was opposed to the applications citing noise; frequency of events; traffic safety; intensity; and compatibility. PB Chair Normile suggested Attorney Connolly recall those who were not present when called earlier. Attorney Connolly called Thomas Coler. Mr. Color was not present. PB Chair Normile called Benjamin Paster. Mr. Paster testified he was opposed to the applications citing spot zoning; intensity; traffic; noise; events; and size/scale of the proposed parking garage. PB Chair Normile called Alexis Upham, representing Karen Hall. Ms. Upham read a statement from Ms. Hall citing her opposition to the applications due to incompatibility with the surrounding residential neighborhood; noise; number of events; and excessive commercialization. PB Chair Normile called Arthur Hall. Mr. Hall distributed a binder containing petitions that have been signed in opposition to the applications and testified he was opposed to the applications citing number of events; lack of honesty and transparency from Selby Management; the size/scale of the proposed parking garage; the vacation of Palm Avenue; lack of a business plan; receiving taxpayer funds; and noise. PB Chair Normile called Frederica Lindsay. Ms. Lindsay testified she was opposed to the applications citing lack of communication from Selby Management; commercialization of the gardens; expansion of number of events; size/scale of the proposed parking garage; intensity; traffic; negative impact on property values of surrounding residents; incompatibility; and spot zoning. PB Chair Normile called Robert Lindsay. Mr. Lindsay testified he was opposed to the applications citing height, purpose and intensity permitted by the proposed Future Land Use classification; lack of a clear definition of a Botanical Garden in the Comprehensive Plan; lack of standards for impervious surface coverage, green space, types of plantings, tree protection, horticultural activities, public access, minimum setbacks, landscaping requirements, parking lot landscape standards, noise limits or hours of operation; commercial parking as a primary use; and the size of proposed restaurant. PB Chair Normile called Dana Watts. Mr. Watts testified he was opposed to the applications citing need for parking garage/restaurant has not been established; size of the proposed parking garage/restaurant; lack of data justifying the number of proposed parking spaces; size and number of events; questionable visitor data provided; and traffic safety. PB Chair Normile called Elizabeth and Elliot Rose. Ms. Rose testified she was opposed to the applications citing height/size/scale of the proposed parking garage/restaurant; traffic safety; outdated data used to justify parking needs; and site access. Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 13 of 18 Mr. Rose testified he was opposed to the applications citing construction staging issues; employees and visitors parking in the adjacent neighborhoods during construction; traffic safety; ingress/egress issues; lack of recourse if traffic management inadequate; rooftop restaurant; and future use of restaurant space if/when Michaels closes. PB Chair Normile noted Carl Caruso was on the list twice. Attorney Connolly stated he was testifying on behalf of Hudson Landings Condominium Association and as an individual. The Planning Board agreed by consensus to allow Mr. Caruso to combine his two 5-minute time allocations. Mr. Caruso testified that Selby Gardens had yet to answer the question from last week regarding required parking capacity for Garden patrons; said a commercial garage expansion was requested noting parking garage use is declining; said he was representing Hudson Landings; said the closing of Hudson Avenue will be hazardous to the 39 residential properties at Hudson Landings; and said they are opposed to the applications citing traffic safety concerns. PB Chair Normile called Liza Caruso. Ms. Caruso testified she was opposed to the applications citing the proposed commercial parking garage/restaurant while enjoying non-profit tax exempt status; noise and hours of operation of the restaurant; incompatible with existing conditions of the site and adjacent neighborhood; environmental pollution; the 50% additional garden space not consisting of green space; 7:09:09 PM Responding to PB Chair Normile Attorney Connolly announced there was no more Affected Persons testimony and the proceedings would continue with public testimony. PB Chair Normile announced there would be no clapping after someone speaks; and said if you agree with previous speakers you can state that without repeating the testimony. PB Chair Normile called Arthur Schwartz, Michael Sullivan, Rachel Goodwin, Larry Steinhart, and Mary Sterling Weiner. Ms. Goodwin and Mr. Steinhart were not present. Mr. Swartz stated he agreed with the need for a parking garage however was opposed to the restaurant/event center on top of the parking garage; discussed the financial incentives Selby had for including the restaurant/event center; and cited concerns with traffic, noise and dirt associated with the commercialization of the property. Ms. Weiner stated she was opposed to the applications due to the destruction of trees, loss of wildlife, and inconsistency with the Environmental Protection & Coastal Islands Chapter of the Comprehensive Plan. Mr. Sullivan stated he was opposed to the applications noting inconsistency with six of the Chapters in the Comprehensive Plan; and cited concerns with traffic, stating the elimination of the restaurant would alleviate those concerns. Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 14 of 18 PB Chair Normile called Helga Williamson, Barbara Sassen May, Pandora Seibert, Joan Schwartz and Delynn Davidson. Delynn Davidson was not present. Ms. Williamson stated she was opposed to the applications due to the site being in a flood zone, limited size of the site, traffic, noise, construction dust and commercialization. Ms. May stated she was opposed to the applications due to the potential number of events, impacts of construction and traffic. Ms. Seibert stated she was opposed to the applications citing traffic, inconsistency with the Comprehensive Plan and the massive garage. Ms. Schwartz stated she was opposed to the applications citing noise, the restaurant, traffic, commercialization and the size of the parking garage. PB Chair Normile called Richard Haynes, Anand Pallegar, Jennifer Mumford Brady, Ken Shelin, Cintia Elenstar and Bruce Holst. Ms. Elenstar was not present. Mr. Haynes stated he is a great nephew of Marie Selby, said he supports the applications, and feels the neighbor' S concerns were not insurmountable issues. Mr. Pallegar stated he supported the applications citing Selby's leadership, vision, national ranking, fundraising success, future revenue streams the restaurant/event center will provide and environmental benefits. Ms. Brady stated she opposed the applications citing the negative impacts to the adjacent authentic historic neighborhood, the scale and location of the parking garage, and inadequate landscaping of the "sky garden". Mr. Shelin stated he supported the applications citing the undesirable uses that would be allowed under the current zoning, the assurance that the exiting use will continue, the improvements to the site, educational value, diversity, unique research and prevention of sprawl. Mr. Holst stated he supported the applications noting he works at Selby Gardens doing research, the educational value to students, the protection of the collections, the protection and enhancement of the location on the bay, consolidated parking, development of a sustainable revenue source and the increase in garden space. PB Chair Normile called Craig Kaplan, Pauline Wamsler, Colleen Maguire, Mark Steinwachs and Julian Hansen. Mr. Kaplan stated he supported the applications citing the need to retain our cultural institutions, Selby's national ranking, codifies site as a botanical garden, uses that could Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 15 of 18 be built under the current zoning, solidification of future revenue through the restaurant/ event center and programs they offer. Ms. Wamsler stated she was speaking on behalf of the Selby Board in support of the applications citing sustainability, creation of ani incredible, vibrant and beautiful resource, the long-term health of Selby Gardens, successful fundraising, and the minimal traffic impacts on Orange Avenue. Ms. Maguire stated she was in support of the applications citing the potential improvements to traffic on Orange Avenue, Selby's communication with the neighbors and willingness to alter their plans, proper facilities for employees and volunteers which she is one of, protection of collections, increase in garden space, and the bar as a neighborhood gathering spot. Mr. Hansen stated he supported the applications noting the plan was well studied, addresses traffic and environmental issues, provides educational opportunities for the school system, protects the collections against climate change, and the screening of the parking garage. Mr. Steinwachs stated he supported the applications noting the improvements will allow Selby Gardens to stay in their current location, their contributions to the community, the accommodations they have made to the neighbors, and educational opportunities they provide. PB Chair Normile called Elben Ulrich, Donna Baker, Heather Kasten, Jim Shirley, Thomas Tucker, Olga Tucker, Brian Jones and Ron Skipper. Mr. Ulrich, Mr. Shirley and Mr. Jones were not present. Ms. Baker stated she supported the applications, noted she volunteers at Selby Gardens, cited the amount of resources Selby put into creation of plan including meetings with the neighbors, and asked supporters that were present to stand. Ms. Kasten stated she is President and CEO of the Chamber of Commerce, said the Chamber supported the applications noting the job creation and economic benefits the plan will bring to the community. Mr. Skipper stated he was speaking on behalf of his 97 year old father in-law who was Marie Selby's surgeon and convinced Marie Selby to turn the site into the gardens, and said he was in support of the applications noting the improvements will fulfill the vision of his father-in-law and Marie Selby. Ms. Tucker stated she opposed the applications citing traffic and the size and scale of the parking garage/restaurant, and noted Uber is the wave of the future. Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 16 of 18 Mr. Tucker stated he opposed the applications citing a previous fatality in the area due to traffic issues sO public safety is a concern, and commercialization of property south of Mound Street. The Planning Board Took a 10 Minute Break 8:18:07 PM PB Chair Normile called Kerry Kirschner, Pam Bournival, Anne McLean, Richard Shaffett, John Annis, Kelly Watts, and Louann Kirschner. Ms. McLean and Mr. Shaffett were not present. Mr. Kirschner stated he was opposed to the applications noting the need to protect the residential characteristics of Sarasota, the commercialization of property south of Mound Street, and the size of the parking garage. Ms. Watts stated she was opposed to the applications citing the size of the parking garage/restaurant, inconsistency with the Comprehensive Plan, removal of trees, traffic, emergency vehicle access, and pedestrian safety. Mr. Annis stated he represented the Charles & Margery Barancik Foundation and the Foundation supports the applications citing sustainability, protection from high density development, increased garden space, additional free public access, increased educational programs, and economic impacts on the community as a whole. Ms. Bournival stated she was opposed to the applications citing the lack of need of a restaurant in order to generate revenue, the size of the terrace of the restaurant, commercialization of the parking garage, and traffic. Ms. Kirschner read a statement from Barbara Collins stated opposition to the applications citing noise and traffic. PB Chair Normile called Matthew Woodall, Chris Cogan, Scott Ashby, Danny McDonald, Phil Skirball, Jeansie Bunnell, Robert Henry, John Cloud, Jerry Gray, and Jarred Wilson. Mr. Cogan, Mr. Skirball, Mr. Woodall, Mr. Bunnell and Mr. Henry were not present. Mr. Ashby stated he was opposed to the applications citing the size of the parking garage/restaurant, incompatibility with the surrounding area, and traffic. Mike McLaughlin appeared on behalf of Danny McDonald stating Mr. McDonald supported the applications citing the future benefits of the improvements to its research. Mr. Gray noted he was the Director of the Sarasota County Planning Department for 20 years and stated he was opposed to the applications citing incompatibility with the Comprehensive Plan, in particular the Neighborhood Chapter, discussed traffic concerns, noted the number of residential properties impacted, and stated a commercial parking Minutes of the Special Planning Board Meeting September 25, 2019 at 1:30 p.m. in the Sarasota City Commission Chambers Page 17 of 18 garage and restaurant don'tform the backbone of a desirable community,sound planning does. Mr. Cloud stated he supported the applications citing the need for citizens to share minor burdens for the good of all and asked the Planning Board to separate the fears from the realities in making their decision. Mr. Wilson stated he supported the applications citing proximity to downtown, sustainability, educational programs, and Selby's contributions to maintaining property values in Sarasota overall. PB Chair Normile called Jon Thaxton, Richard Shaffett, Sean Patton, Fredrica Lindsay for Robert Bernstein, Sandra Gurley, David Gurley and Larry Grossman. Ms. Gurley stated she did not wish to speak noting her agreement with the comments Mr. Gurley would make. Mr. Robert Beecher requested an opportunity to speak noting he had been denied affected person status at the last meeting. Mr. Thaxton and Mr. Shaffett were not present. Mr. Gurley stated he supported the applications citing the need for the additional parking, the practicality of putting the parking in a garage versus surface parking, the elimination of overflow parking on neighboring streets, and the revenue that would be generated by the restaurant. Mr. Beecher stated he opposed the applications citing noise, traffic, and the size of the parking garage. Mr. Grossman stated he opposed the applications citing the size of the garage, the lack of need for the restaurant, the lack of a "Plan B", climate change issues, spot zoning, and incompatibility with the surrounding residential neighborhoods. Ms. Lindsay read a statement on behalf of Robert Bernstein that said Mr. Bernstein was opposed to the applications citing incompatibility with the surrounding neighborhoods, lack of a business plan that justifies a commercial operation on the site, the parking garage/restaurant, traffic, lack of information on number of events that will be held, the precedent that will be set for the area, and the alteration of the character of the neighborhoods. Mr. Patton stated he supported the applications citing job creation, sustainability, and the expansion of conservation and educational programs. 9:31:17 PM PB Chair Normile announced the public input portion of the proceedings had concluded. Discussion ensued regarding the next steps. Attorney Connolly stated the affected persons, City staff and the applicants each have an opportunity to rebut any testimony that occurred after their testimony or presentations. Discussion ensued. The Planning Minutes of the Special Planning Board Meeting September 25, 2019. at 1:30 p.m. in the Sarasota City Commission Chambers Page 18 of 18 Board agreed by consensus that affected persons would be provided three minutes each for rebuttal, City staff will be provided the 30 minutes they requested, the applicants would be provide the 30 minutes they requested, and Mr. Moore would be provided the 51 minutes he requested. Discussion ensued regarding whether to adjourn for the evening, the fact those times do not reflect the time necessary for Planning Board questions, and the need to vet the changes that were proposed this evening. Attorney Connolly pointed out the regular meeting for October was scheduled for next Wednesday, October 2nd and there were: items that had already been advertised for that date that could be continued to a future date. Discussion ensued regarding the date/time to continue the meeting to. Attorney Connolly noted the City Commission has scheduled a special meeting on October 28th to consider the applications. Secretary Cover: noted there were four items scheduled fori the November regular meeting. Discussion ensued regarding scheduling a special date for the October regular meeting agenda items or placing those on the November regular meeting agenda. By consensus the Planning Board decided to continue this hearing to October 2nd at 6:00 PM and continuing the regular October meeting to October 30th at 6:00 PM. Attorney Connolly stated Attorney Bailey had requested the affected person rebuttal be heard this evening. Discussion ensued. The Planning Board declined. PB Member Morriss requested parking spaces be reserved for the Planning Board members for the meeting next week. Attorney Connolly announced for the record that the hearings from tonight were being continued to next Wednesday, October 2 at 6:00 PM in the City Commission Chambers, 1565 First Street. IV. ADJOURNMENT The meeting adjourned at 9:40 PM. Steven R. Planning Director hande Cover, EILEEN W.NORMILE, CHAIR Planning Department Planning Board/Local Planning Agency [Secretary to the Board]