BOOK 56 Page 27801 05/10/04 6:00 p.m. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF MAY 10, 2004, AT 6:00 P.M. PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Martin The meeting was called to order in accordance with Article III, Section 9(b) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. COMMISSION PRESENTATION RE : RECOGNITION OF PLAYWRIGHT COMPETITION WINNERS OF THE FLORIDA STUDIO THEATER AWARD FROM SISTER CITY DUNFERMIINE SCOTLAND CD 6:04 through 6:10 Mayor Martin stated that the special presentation is for guests from the City's Sister City, Dunfermline, Scotland; that the City desires to recognize the winners of the Florida Studio Theater's Playwright Competition; that three ninth grade student girls from Dunfermline, Scotland, were the winners for 2004; that two of the girls were able to travel to the United States with their teacher to accept the awards; and requested that the following people join the Commission at the Commission table: Jennifer McDonald and Michelle Sutar, winners of the Playwright Competition, and Gabrielle McNeal, Teacher. Mayor Martin stated that Gama Jenelle is also recognized as a winner who is not present. Mayor Martin continued that the opportunity for the City to recognize the winners and their teacher is pleasing; read in its entirety a certificate and naming each an Honorary Citizen of the City of Sarasota; presented the Honorary Citizen Certificate and distributed souvenirs to each person. Ms. McNeal stated that the generous, kind treatment received on her first trip to Florida and the United States has been overwhelming; that the Headmaster of her school came to the classroom with a letter and asked if her passport was current; that the thought was the situation must be sO bad as to warrant shipping her out of the Country; that being handed the letter with an invitation to come to Florida was surprising; that the City is wonderful; that the hospitality experienced in the City is appreciated. Mayor Martin stated that the Sister City relationships are highly valued; that Vice Mayor Servian has just returned from a trip to Treviso, Italy. Mayor Martin thanked Vice Mayor Servian for the diplomatic work performed at Treviso, Italy, a Sister City. 2. CHANGE TO THE ORDER OF THE DAY = APPROVED CD 6:10 through 6:11 City Auditor and Clerk presented the following Change to the Order of the Day: A. Add Board Actions, Item No. I, Report Re: Public Art Committee's Regular meeting of April 14, 2004, per the request of Chair Bowen and Chief Planner Burg Mayor Martin asked if the Commission had any objections to the Change to the Order of the Day. Mayor Martin stated that hearing no objections, the Change to the Order of the Day is approved by unanimous consent. 3. BOARD ACTIONS RE: : REPORT RE: : PUBLIC ART COMMITTEE ' S REGULAR MEETING OF APRIL 14, 2004 - APPROVE THE RECOMMENDATION TO ACCEPT THE LOAN OF SCULPTURE " ENIGMA II BY ARTIST DENNIS KOWAL FOR ONE YEAR TO BE PLACED IN THE KNOLL AREA IN THE PARK ALONG GULF STREAM AVENUE; RECEIVED REPORT (AGENDA ITEM I) CD 6:11 through 6:14 BOOK 56 Page 27802 05/10/04 6:00 P.M. BOOK 56 Page 27803 05/10/04 6:00 p.m. James Bowen, Chair, Public Art Committee, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission. Mr. Bowen presented the following item from the April 14, 2004, Regular meeting of the Public Art Committee: Sculpture entitled "Enigma IT Mr. Bowen stated that at its April 14, 2004, Regular meeting, the Public Art Committee voted to recommend the Commission accept the loan of the sculpture "Enigma " by artist Dennis Kowal for one year; that the sculpture would be placed on the knoll area in the park along Gulf Stream Avenue directly across from Marina Tower between the two ponds; that the Chair of the Public Art Committee, the artist, and Staff will meet at the site to design the installation details; that the artist will be responsible for transporting the sculpture to the site which will be coordinated with the moving of the Sarasota Season of Sculpture exhibit; that the Public Art Committee voted unanimously 5 to 0 to recommend the Commission accept the loan of the sculpture. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to approve the recommendation to accept the loan of the sculpture "Enigma" by artist Dennis Kowal for one year to be placed in the knoll area in the park along Gulf Stream Avenue. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Commissioner Palmer stated that a letter was received from Mr. Dill indicating he is no longer interested in being a candidate to create the artwork for the Lemon Avenue Mall; that only two candidates remain in the competition; and asked if the City will receive the necessary quality in the design of the artwork with only two remaining candidates? Mr. Burg stated that the Public Art Committee will be meeting on May 12, 2004, and will bring a recommendation to the Commission at the June 7, 2004, Regular Commission meeting. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to receive the report of the April 14, 2004, Regular meeting of the Public Art Committee. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. 4. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED DOWNTOWN CODE, DOWNTOWN ZONE DISTRICTS, AND RELATED AMENDMENTS (AGENDA ITEM II-A-1) CD 6:14 through 9:01 Mayor Martin stated that the Special Commission meeting is to hold a public hearing to receive public comments regarding proposed Ordinance No. 04-4531 concerning the proposed Downtown Code (2002 Ed.), Downtown Zone Districts, and related Amendments included in Zoning Text Amendment Application No. 01-ZTA-04. Mayor Martin requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that time limits of speakers at the non quasi-judicial public hearing will be waived; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Martin opened the public hearing regarding proposed Ordinance No. 04-4531 to amend the Zoning Code (2002 Ed.) by creating four new Zone Districts which will be applied in the Downtown area of the City and will be known collectively as the Downtown Zone Districts; and stated that the current meeting is the second public hearing; that the schedule of meetings concerning the proposed Downtown Code is: May 24, 2004, at 3:00 p.m. Commission Deliberations June 14, 2004, at 3:00 p.m. Commission Deliberations, if necessary BOOK 56 Page 27804 05/10/04 6:00 P.M. BOOK 56 Page 27805 05/10/04 6:00 p.m. Mike Taylor, Deputy Director of Planning and Redevelopment, came before the Commission and stated that the public hearing is an important process sO the Commission can hear from the citizens; that waiving the time limits will allow people sufficient time to indicate significant issues; that no action is required at the current meeting; that the issues presented through April 23, 2004 are listed in a matrix included in the Agenda backup material; that the major issues have been categorized to include the administrative process for approval of development within the Downtown; that building design standards, vested rights, and the future rezoning of property in the Downtown area are all significant issues which have been raised; that Staff will be taking notes and issues presented will be added to the matrix. The following people came before the Commission: Ken Shelin, 770 South Palm Avenue, No. 1104 (34236), representing the Sarasota Downtown Partnership (Downtown Partnership), the Main Street Merchants Association, - the Bayfront Condominium Association, the Chamber of Commerce, and the Downtown Commercial Property Owners, distributed a copy of the Main Street Streetscape Statement dated May 10, 2004, and a copy of the Florida Gardener.com, Plant of the Month, Florida "Black Olive" Tree article, and stated that the Downtown Roundtable membership includes the Bayfront Condominium Association, the Downtown Partnership, the Main Street Merchants Association, the Sarasota Chamber of Commerce, the Argus Foundation, the Association of Downtown Property Owners, the Gulf Coast Builder's Exchange, etc.; that the proposed changes to the (2002 Ed.) should be considered for the impact on the Main Street Streetscape, especially the portion of Main Street from Orange Avenue to Gulf Stream Avenue; that the current sO- called "jamscaping" of Main Street has created numerous problems which will take time to solve. Mr. Shelin continued that the existing streetscape: Conflicts with the proposed Downtown Code which calls for arcades, galleries and awnings - Conflicts with the new signage requirements in the proposed Downtown Code - Obscures street lighting at night making sidewalks and streets darker than would be otherwise There is a significant accumulation of bird droppings beneath the trees that is not cleaned with any frequency which has the potential for disease transmission for diners sitting and walking beneath the trees where the birds roost. Mr. Shelin stated further that the Black Olive Trees are in the wrong locations; that the Black Olive Tree growth habits are 40 to 50 feet high and 35 to 50 feet wide with horizontal growth; that the Black Olive Tree requires plenty of room to grow according to Florida Gardener.com; that the Black Olive Trees are messy, drop a significant number of leaves, have foul smelling blossoms and seed pods which stain sidewalks, cars, etc.; that the roots uplift sidewalks and pavement as the City is aware; that many areas along Main Street require repair; that owners of property and businesses on Main Street are attempting to model the businesses in compliance with the proposed Downtown Code; that a tree removal permit from a business owner creates problems since the proposed Downtown Code is not yet in effect; that confusion with regard to permitting is causing delays and frustration, even if the business owners offer to replace the existing trees with other large, more suitable trees; that enunciation of a temporary policy would be helpful until the proposed Downtown Code is adopted to assure business and property owners a smooth transition into the new pedestrian friendly Main Street. Mr. Shelin stated further that the existing jamscaping on Main Street is an example of the suburban model of commercial landscaping of the 1980s and 1990s at the time downtowns were struggling and trying to replicate the suburban model which was transcendent; that the model is inappropriate for urban settings; that the City has three options for the transition: 1. Do nothing; 2. Allow the transformation only as buildings are remodeled or new buildings are built on an individual basis with no plan; or 3. Develop and implement an overall re-landscaping plan immediately. Mr. Shelin continued that the risk of Option 1 and 2 is the development of a patchwork of unattractive, unplanned, and uncontrolled changes which will have a negative effect on the rejuvenation of Main Street; that Option 3 is urged to assure attractive landscaping reflecting a vigorous and vibrant tropical, retail-oriented Downtown; that discussions with an award winning architect who is designing the Channelside project BOOK 56 Page 27806 05/10/04 6:00 P.M. BOOK 56 Page 27807 05/10/04 6:00 p.m. in Downtown Tampa, Florida, which is a mixed-use project, resulted in a proposal to offer ideas, suggestions, and designs to the City if interested; that a policy should be defined to allow current business owners to assist in the re-landscaping of Main Street as the proposed Downtown Code is developed; that development of a plan in the area of Main Street from Gulf Stream Avenue to Orange Avenue would help the acquisition of a continuously attractive landscaped thoroughtare through the street transformation process. Victor Calderon, 1490 Boulevard of the Arts (34236), distributed copies of a letter dated May 10, 2004, to the Commission; and stated that the proposed Downtown Neighborhood (DTN) Zone District will financially and functionally ruin his property at 1490 Boulevard of the Arts; that Andres Duany, Principal, FAIA, Duany Plater-Zyberk and Company, indicated vested property rights should not be compromised; that the entire Lemon Avenue corridor north of Fruitville Road is commercial with the exception of the Cohen Way public housing complex; that the Rosemary District is surpassing all expectations and is evolving into a desirable area with diverse interests; that in the absence of the appropriate economic feasibility studies and in the interest of flexibility, the Commission is requested to support only a voluntary Mixed Use Overlay Zone District for the area; that the changes in the zoning must be done correctly as opposed to expeditiously; that the time, wisdom, and guidance of the Commission will be appreciated. Mr. Taylor referred to a map of the affected area Downtown displayed on the Chamber monitors and stated that the map will assist the speaker and the Commission in locating the properties being discussed. John Tylee, Executive Director, Downtown Partnership of Sarasota (Downtown Partnership), 1818 Main Street (34236), and Ian Black, 1069 Central Avenue (34236), representing the Downtown Partnership, came before the Commission. Mr. Tylee stated that the Commission and Staff are thanked for their responsiveness regarding the Rosemary District and the time taken to work with the Downtown Partnership to provide a better understanding of the proposed Downtown Code; that members of the American Institute of Architects (AIA), the property owners, and neighborhood representatives are thanked for meeting with the Downtown Partnership to provide a better understanding of the particular concerns. Mr. Black stated that Mr. Tylee's remarks concerning the cooperation and openness of the Commission and Staff are seconded; that the Downtown Partnership strongly supports the intent of the proposed Downtown Code to make Downtown more aesthetically pleasing especially for pedestrians; that the Downtown Partnership believes changes should be made to the proposed Downtown Code prior to adoption; that the adoption of the proposed Downtown Code should be as soon as possible upon implementation of the changes to minimize uncertainty; that the Downtown Partnership believes the rezoning of areas which are currently commercial or industrial into the residential Downtown Neighborhood (DTE) Zone District is inappropriate; that rezoning such properties is unfair to property owners and could expose the City to significant legal implications, including legal costs as well as delaying the implementation of the proposed Downtown Code. Mr. Black continued that the appropriate designation for the commercial or industrial areas would be the mixed use Downtown Edge (DTE) Zone District; that the Downtown Partnership appreciates the flexibility of indicating a preference for a DTE Zone District for the Rosemary District west of Orange Avenue and east of Central Avenue; that the situation in the School, Apricot, and Mango Avenues area north of Fruitville Road in the Park East neighborhood is somewhat similar to the Rosemary District; that a preference for the DTE Zone District has been expressed; that the Downtown Partnership recommends the area also be designated in the DTE Zone District; that property owners and neighborhood representatives in the Park East Neighborhood have expressed support for the designation; that the Downtown Partnership believes expeditious redevelopment of the blocks along the northern side of Fruitville Road east of Orange Avenue to the School, Apricot, and Mango Avenues area should be a high priority to Downtown; that the neighborhoods north of Downtown provide for better synergy between Downtown and the neighborhoods. Mr. Black stated further that landowners and neighborhood groups have been debating the future of the area for many years; that very strong interest has been expressed in the development of a specific type of vorkforce/affordable housing in the area with the following characteristics: BOOK 56 Page 27808 05/10/04 6:00 P.M. BOOK 56 Page 27809 05/10/04 6:00 p.m. A density of up to 100 units per acre; No more than three to four floors on Fourth Street, five floors on Fruitville Road; Residential on Fourth Street with residential above live/work or commercial on Fruitville Road; Parking interior to the building; and An emphasis on home ownership, not rental, to expand the number of homeowners in the neighborhood. Mr. Black further stated that Downtown Partnership recommends the City give priority to the proposed Downtown Code and the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), which facilitates the types of higher density residential development supported by neighborhood groups and property owners; that the developments would be good for neighborhoods and Downtown and would provide a much-needed demographic diversity in the area; that the Downtown Partnership is concerned the proposed Downtown Code does not address the increased densities around the Downtown which would achieve the workforce housing objectives; that the Downtown Partnership believes the areas designated in the DTE Zone District in the proposed Downtown Code, including the areas recommended for designation as the DTE Zone District, provide excellent opportunities for higher density residential up to 100 units per acre which would provide the necessary affordable housing Close to Downtown; that early consideration should be given to all or parts of the area designated in the DTE Zone District as well as other areas of the City which may be appropriate for work force housing; that any changes would be accompanied by specific regulations to ensure housing remains affordable as well as by modifications to transportation concurrency regulations. Mr. Black continued that due to the time required to change the City's Comprehensive Plan, the City is urged to begin work on all of the issues to take maximum advantage of current favorable conditions in the housing market; that the Downtown Partnership promotes diversity of all types of Downtown activity and is empathetic to the architects' concerns not to stifle creativity unnecessarily, however, the Downtown Partnership recognizes the building design standard elements in the proposed Downtown Code provide some safeguards for those concerned about the impact of zoning changes along "A" streets such as Fourth and East Streets; that the Downtown Partnership recommends the City proceed with the proposed building design standard elements of the proposed Downtown Code and the associated procedures for dealing with architectural issues; that the Commission should hold Workshops at a minimum annually with Staff and representatives of the AIA Gulf Coast Chapter to discuss architectural issues which have arisen in specific projects and possible amendments in the building design standard element of the proposed Downtown Code; that confusion exists with the effect of the proposed Downtown Code and the trees along Main Street; that the Downtown Partnership recommends allowing the trees to coexist with the proposed Downtown Code to the degree possible while recognizing the problems caused by jamscaping and the need for other uses of public rights-of-way such as entertainment and performance venues; that development of a consistent long-term plan for trees on Main Street as well as the development of processes to encourage rather than discourage property Owners to comply with the plan should be implemented as soon as possible; that the Downtown Partnership supports a presentation on landscaping being made on behalf of the Downtown Roundtable in alliance with the Downtown Partnership. Michael Furen, Attorney, Law Office of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., 2033 Main Street (34236), representing Floria, LLC, and Churchill Furniture, Inc., distributed to the Commission a document entitled "Suggested Addition to Section VI-1002, Sub-Section B.3 and Section VI-1002, Sub-Section b.4 to Address Non-Contorming Use and Structure Issues"; and stated that two major concerns have been expressed on behalf of his clients; that the first concern relates to approved developments under the presently existing Zoning Code (2002 Ed.) which have not been completed and issued Certificates of Occupancy (CO) prior to the effective date of the proposed Downtown Code or subsequent rezoning; that Commissioner Palmer's comments at the February 23, 2004, Commission Workshop of concerns on the same issue is appreciated; that Mr. Taylor's efforts to address and eliminate the concerns are appreciated; that progress has been made; that additional language is necessary to ensure multimillion dollar developments not completed by the effective date of adoption of the proposed Downtown Code can rebuild in the event of a disaster rather than instantly be deemed noncontorming upon adoption; that the additional language relates to Section VI-102, VI D10-5 of the original January 2004, Draft of the proposed Downtown Code; that the issue regarding the rendering of approved but yet unbuilt developments as nonconforming must be resolved in the proposed Downtown Code; that the Commission's favorable consideration of the language upon Staff's review is requested; that the proposal is under consideration to rezone BOOK 56 Page 27810 05/10/04 6:00 P.M. BOOK 56 Page 27811 05/10/04 6:00 p.m. two of the new Downtown Districts, the Downtown Edge (DTE) or the frontage on Fruitville Road going back approximately three- quarters of the block to Fourth Street and the balance into Downtown Neighborhood (DTN) ; that Staff's reaction and suggestion for no rezoning at the Rosemary District into the DTN residential only is appreciated; that the issue goes back to the indications during the charrettes on the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) which proposed the area an overlay district; that Mr. Duany indicated repeatedly during the charrettes no intention to take away any development rights of individual property owners but rather to eliminate any bonuses; that the City has now determined the overlay plan would become a regulatory scheme for the entire Downtown redevelopment area. Attorney Furen continued that the proposed Downtown Code imposes an inordinate burden on the Churchill Furniture site; that property owners should not bear the burden of the rezoning; that the historic Future Land Use Map of the City's Comprehensive Plan allowed the Commercial, Central Business District (C-CBD) Zone District with the intense development entitlements; that the Commission is urged to reconsider the concept of eliminating significant intensity of use along the north side of Fruitville Road and Third Street and allow the property owners in the area to achieve the development intensities which could be reasonably expected under the original City's Comprehensive Plan; that the front three-quarters of the site should remain as listed in the current City's Comprehensive Plan; that holding more than one public hearing is appreciated. Bill Halloran, Operations Manager, Barnacle Bill's Seafood Restaurant, 4276 Paota Place (34241), stated that the proposed Downtown Zoning Code which applies the use and development of awnings, arcades, and galleries is supported; that the setting is more advantageous to the prosperity of Downtown business owners; that the proposed Downtown Code takes into consideration the increased visibility of storefronts through obvious signage and appropriate lighting which will ultimately make the streets more pedestrian friendly, inviting, and memorable, which is clearly lacking in the 1500 block of Main Street; that the Main Street Barnacle Bill's has undergone renovation; that three awnings are being placed on the storefront; that one awning was installed without incident; that the second awning was installed with approved tree trimming; that the awning will be in the way as the tree encroaches; that the third awning has not been installed due to the Florida Black Olive trees; that a less intrusive tree would greatly benefit the ability to institute portions of the proposed Downtown Code. Mark Smith, 5032 Callis Minorga (34242), representing the Gulf Coast Chapter of the American Institute of Architects (AIA), referred to a letter to the Commission from Todd Yeomans, AIA, Florida Gulf Coast, dated May 5, 2004, and stated that the position paper was forwarded to the Commission after several weeks of discussion with local architects; that correspondence was received from Mr. Duany entitled Draft Modernist Building Design Standards; that one of Mr. Duany's contentions was some code was necessary to ensure harmony; that harmony is important for density; that a certain degree of harmony can be achieved with what is written; that Downtown density is not a concern just by the amount of construction ongoing; that the opportunity to meet with Mr. Duany on April 12, 2004, is appreciated; that the proposed Downtown Code should be a City planning document and a performance code defining the attributes future buildings should include to enhance the pedestrian experience without defining specific architectural design style; and referred to a May 5, 2004, letter from the AIA Florida Gulf Coast to the Commission indicating the AIA's proposed revisions to the proposed Downtown Code and quoted: The Awning Section should be modified to allow cantilever awnings and balconies four to 12 feet wide. The awnings and/or tree canopy will create a pedestrian zone and greatly reduce the perception of the taller buildings at street level Regarding the sections Gallery and Arcade Section, trees along Main Street and other primary streets should be preserved and is desirable. The use of cantilevered awnings and balconies will protect pedestrians from the rain without the tunnel effect produced by buildings encroaching into the right-of-way. Mandatory galleries and arcades on both sides of the street do not take into account the sun's position during different times of the year when sunlight on the sidewalk is desirable. The Gallery and Arcade Section should be removed from the code. The section on Pedestrian Entrance should be revised to state that buildings with multiple frontages shall have their primary frontage on the primary street or on the corner of the building; BOOK 56 Page 27812 05/10/04 6:00 P.M. BOOK 56 Page 27813 05/10/04 6:00 p.m. The section on facades should be modified to allow a greater flexibility in the amount of building façade along the front lot line. The code should encourage urban plazas and a variety of spatial experiences along the sidewalk No minimum maximum percentage façade on the front lot line is needed. Corner architecture should state that the building needs to respond to the corner. By revising the section on facades no exception from the Director of Planning would be needed. The section on Windows should be revised to reflect energy efficient glazing products that are currently on the market and the use of future materials technology. This section should state, the first floor storefronts should be designed to accommodate retail even if the proposed initial tenant is not retail due to existing real estate market conditions. No maximum or minimum percentage of glass needs to be stated for any floor; To encourage a variety of architectural solutions the section titled Shape of Openings should be removed from the code. The Transition Line Section should be revised to include the use of cantilevered awnings and balconies as acceptable methods to create the transition line. The section titled Roofs should be revised to state that pitched roofs are acceptable. Since no pedestrian can perceive a roof on a ten story building there is no need to require a set slope or that the roof be symmetrical. The Exterior Finish section should be revised to state that compatible material should be used that reinforce the pedestrian experience and contribute to a human scale. By stating a list of approved materials the city is severely limiting future design options. As new building materials are being developed we need the ability to incorporate them into our downtown. We are building the city for the future, not the past. Mr. Smith continued that the view of Mr. Duany indicating the Downtown is not in a crisis situation is supported; that Downtown is booming with new construction and development activity; that the activity and creativity for future development should not be stifled; that modification of the proposed Downtown Code allows for a more performance based Downtown Code and allows the Director of Planning to administer the planning for new development without the requirement for architectural interpretation. Mayor Martin stated that the letter arrived after preparation of the packet and is not included in the Agenda backup material; that the information will be considered in the next matrix. Mr. Smith stated that the proposed Downtown Code includes a few issues with which the AIA has concerns; that the AIA is not against the proposed Downtown Code and what is being presented; that the majority of the proposed Downtown Code is endorsed as is the process involved. Mayor Martin stated that the remarks are appreciated. Todd Yeomans, 3327 Key Avenue (34239), representing the AIA, stated that the AIA is supportive of the proposed Downtown Code; that minor portions of the proposed Downtown Code could be improved to reach an agreement between the architects and the Cityi that achieving a consensus among architects is virtually impossible; that the issues the AIA has mentioned will ensure harmonious building while keeping the changes more of a zoning code rather than a design code; that the proposal of Mr. Duany regarding a Draft Modernist Building Code for Sarasota has not been thoroughly reviewed; that the proposal of the AIA will allow for incorporation of some of Mr. Duany's suggestions while providing a diversity of architectural expression including the Spanish Mediterranean heritage which is apparent in the City. Commissioner Palmer stated that the Draft Modernist Building Code from Mr. Duany has not been received. Mr. Taylor stated that he was out of town when Mr. Duany sent the document to the Planning and Redevelopment Department, that the document was either for his own use for writing a new Sarasota land development code or came from a meeting with other architects; that a thorough understanding of the document has not yet been attained; that Mr. Duany provided an exercise in the manner in which a land development code could be written to follow the Sarasota School of Architecture; that the document is BOOK 56 Page 27814 05/10/04 6:00 P.M. BOOK 56 Page 27815 05/10/04 6:00 p.m. very different from the current Zoning Code (2002 Ed.) or the proposed Downtown Code; that the Commission could discuss the document at a later date if desired. James Piatchuk, 6111 Hollywood Boulevard (34231), deferred from speaking. Jerry Sparkman, 2525 East Milmar Drive (34237), representing the AIA, deferred from speaking. John Howey, 121 West Whiting Street, Tampa (33602), stated that he has had an architectural practice in Tampa for 30 years and authored the book entitled The Sarasota School of Architecture; that the presence of the citizens from Scotland is appropriate for a City which was founded by the Scottish; that one of the first things built by the Scottish upon coming to the City was a three hole golf coursei that the Scottish constructed wooden buildings; that the Indians before the Scottish had mounds; that the structures of the Seminoles may not have reached north far enough for significance in the City; that Native, Mediterranean, and modernist architecture are all examples of diversity; that architecture is a product of the materials available at any given time; that architecture such as designed by the Sarasota School of Architecture was based on an unusual need with the materials and technology available to design an unusual architecture which became known first regionally, nationally, and eventually internationally. Mr. Howey continued that diversity is the key; that the proposed Downtown Code must take into account diversity; that certain requirements such as building areas and certain zones in which residential or commercial buildings may be built are acceptable; that the proposed Downtown Code is too heavily involved with the cosmetic aspect of the buildings; that the shape and size of windows or whether the windows are vertical or horizontal does not make any difference; that modernism is not necessarily horizontal windows; that Mr. Duany's perception is more cosmetic; that real urbanism is preferred over new urbanism; that history indicates the first settlement was the City of Ur, which is the first two letters of urbanism, in Mesopotamia; that the people assembled and built pyramid-like buildings out of clay brick which still exist; that the proposed Downtown Code should take into account the layers of history which comprise the City from Indian mounds to Sarasota Modernism; that architectural styles cannot be reduced to a zoning code; that the key is performance specifications which indicate the ability to accept what happens and the time and materials available; that the buildings will all be compatible if done well at the time. Sam Holladay, 325 Central Avenue (34239), representing the AIA, deferred from speaking. R. Dale Adcock, 1674 Seventh Street (34236), representing the Original Gillespie Park Neighborhood Association, stated that the proposed Downtown Code will have a dramatic effect on his neighborhood; that the proposed changes and the future impact on the Gillespie Park Neighborhood and Downtown have been reviewed; that the change is supported and provides significant opportunity for the City and Gillespie Park; that access to Downtown and all the Downtown amenities is crucial to neighborhoods; that Downtown cannot succeed without the neighborhoods; that the proposed Downtown Code is supported; that the individual issues will be worked out over time; that small issues should not become a burden to a greater consideration which is the long-range objective; that the objective is to foster neighborhoods which remain distinctly neighborhoods yet have access to the City specifically through improvements on Fruitville Road and other areas on the outskirts of the neighborhoods; that a meeting of the Downtown Partnership was attended by various neighborhood association members; that drawings were observed from projects in other areas of the United States; that the projects are distinct to certain areas of the Country; that the meeting was left with a feeling of excitement for the common elements for both the City and the neighborhoods; that changes and differences exist in any project in order to fit the specific needs of the City; that the potential for development under the proposed Downtown Code can be envisioned; that the proposed Downtown Code are encouraged and supported; that continued dialog and progress is anticipated. Mr. Taylor asked if the proposed Downtown Code is supported as drafted or with the modifications recommended by Mr. Tylee. Mr. Adcock stated that the changes made to the Zone Districts in the proposed Downtown Code are supported; that Mr. Tylee's input is supported. Craig Colburn, Attorney, Law Office of Norton, Hammersley, Lopez & Skokos, 1819 Main Street (34236), representing Jeff OIdenburg and Peggy Danzinger, referred to Note 6 of Table VI-1001, BOOK 56 Page 27816 05/10/04 6:00 P.M. BOOK 56 Page 27817 05/10/04 6:00 p.m. Primary Uses Allowed in the Central City Zone Districts displayed on the Chamber monitors as follows: Residential Requirement on Fourth Street. A residential use is required along the south side of Fourth street from Central Avenue (on the west) to East Avenue (on the east) to keep the residential character of Fourth street. The residential use may consist of existing or new residential structures and shall obtain a certificate of occupancy in advance or at the same time as any new non-residential use on the portion of each block to the south of the residential use. Mr. Colburn stated that the issues affecting Mr. Oldenburg's property on Fruitville Road are very narrow and deal with the potential taking of property value; that the time given to the issue by Staff is appreciated; that the concern is the residential requirement on Fourth Street; that Mr. Oldenburg's property is on Fruitville Road. Attorney Colburn continued that the political compromise entered into which gave rise to the split zoning in the area between Fruitville Road and Fourth Street is realized; that the merits of the compromise do not require discussion at the present time; that the concern is the property directly behind the property on Fruitville Road is vacant; that Mr. Oldenburg's property is on Fruitville Road at the intersection of Links Avenue and Fruitville Road; that behind Mr. Oldenburg's property is a vacant piece of property along Fourth Street which is not under Mr. Oldenburg's control; that the requirement for the owner of the Fourth Street lot to obtain a Certificate of Occupancy for a residential use prior to allowing the full utilization of the property on Fruitville Road creates a servitude on his property; that Mr. Oldenburg had a reasonable expectation of being able to obtain a commercial zoning for the property; that a pediatrician inquired about using the property; that a pediatrician could not utilize the property under the proposed Downtown Code; that a question was whether the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) requires exposing the City to a takings Claim; that the note must have been placed in the proposed Downtown Code; that no requirement is known and is not believed; that an opportunity to avoid any lawsuits or Claims by Mr. Oldenburg or others similarly situated is upon the Commission; that Attorney Fournier is awaiting direction from the Commission on the issue; that Note 6 of Table VI-1001 of the proposed Downtown Code should be deleted or a redrafted to accomplish the objectives of the prior compromise without exposing the City to liability; that a far more attractive option exists to designate the entire block as mixed use; that the merits of the political compromise previously reached will not be discussed. Bill Couch, 1945 Fruitville Road (34236), representing the Sarasota Chamber of Commerce, distributed a document entitled Greater Sarasota Chamber of Commerce Position Regarding Proposed Downtown Code; and stated that the issues concerning the Rosemary District and the split zoning on Fruitville Road at Fourth Street have been covered; that the third issue is the concerns and recommendations of the representatives of the AIA; that the AIA is desirous of relief in several areas; that the proposed Downtown Code probably should not mandate style or design; that the Chamber of Commerce requests the points raised by the AIA be considered while recognizing the necessity to move forward with the approval of the proposed Downtown Code; that a citizen suggested adoption of the proposed Downtown Code while maintaining a continued dialog with the members of the AIA; that an architect was previously asked the issues causing concern; that the architect indicated greater flexibility should be provided concerning the amount of building façade along the front lot line; that the AIA's concerns with windows and the shape of openings should be taken into consideration; that the. exterior finish should not be indicated since new materials could be developed in the future which would be precluded by the proposed Downtown Code. Mayor Martin asked for clarification of the Chamber's position regarding building design guidelines or landscape guidelines in the vicinity of Fourth Street. Mr. Couch stated that building design and landscaping guidelines should be developed to assure a proper vista for the residents on the north side of Fourth Street; that the residents should not have to look at a blank building wall; that the Chamber of Commerce building is a good example; that the building is beautiful from any side; that the Chamber of Commerce is asking the Commission to extend commercial zoning on Fruitville Road to Fourth Street with stipulations regarding both landscaping and the building design to protect the neighbors to the north of Fourth Street. BOOK 56 Page 27818 05/10/04 6:00 P.M. BOOK 56 Page 27819 05/10/04 6:00 p.m. Marvin Mills, 4517 Ascot Circle South (34235), representing the AIA, stated that the discussions at the current meeting are the remnants of problems which have already been solved; that buildings on Downtown Main Street can be 10 stories high, which is 180 feet high; that Main Street is 80 feet wide; that the 10 story buildings must have additional development on top for the mechanical equipment; that a tunnel effect which will be twice as high as wide in the interest of density will be created; that the next phase of implementation is upon the City; that confusion exists between Modernist and Mediterranean architectures; that Modernist architecture introduces something new into the field of architecture and no longer has to pay attention to any pre-existing historic styles; that a brave new world of technology, health, and engineering is being introduced; that the design of architecture will not depend on a preconceived notion but upon the function and purpose of the building; that what happens within the building will happen on the outside of the building; that Mr. Duany should know preconceived notions of building design such as arches, bricks, particular window shapes should not be considered; that such features cannot be legislated while maintaining Modernism in architecture; that Modernism is allowing the freedom to build relevant to the function and purpose of the building as should be the case. Mr. Mills continued that the second major point is a City grows by previous developments and contributions by other people; that the Mediterranean Style is a previous contribution; that the Mediterranean Style should not be disallowed in a building code based on Modernism; that the challenge for the planners and architects is to combine the effects of the Mediterranean style with Modernism to retain both styles; that the idea of harmony does not necessarily imply sameness or repetition; that the harmony sought is harmony of a multicultural, multifaceted America composed of many parts; that good architecture cannot be legislated; that certain caveats and guidelines are acceptable; that the architects of Sarasota and others on-stage are responsible for providing good architecture, not the building code; that no building code can guarantee good architecture. Mr. Mills stated turther that urbanism does not mean antagonism to trees; that urbanism and trees can co-exist; that urbanism and trees must co-exist; that a beautiful canopy of trees was observed while having lunch Downtown; that a proprietor may be disturbed as a tree blocks the view of the individual's store; however, all the proprietors must be pleased to have the streetscape enhanced by trees; that the character of the City takes time to understand; that Mr. Duany was required to grasp the essence of the City in a short visit; that the subtropical, luxuriant effect of trees and growth is part of the Cityi that trees should not be sacrificed for arcades; that a performance based building code is supported; that a performance based building code is more complex than a building code which specifies particular shapes of windows; that a performance based building code is the only realistic, modernistic manner of handling the building issues. Mayor Martin asked if Mr. Duany's Draft Modernist Code document was put forward to replace the proposed Downtown Code or in response to the architectural community's interest in a Modernist code? Mr. Taylor stated that Staff is not clear as to the reason Mr. Duany prepared the Draft Modernist Code; that Mr. Duany could have written the Draft Modernist Code due to the input at the April 12, 2004, Commission Workshopi that perhaps Mr. Duany was sharing the possibilities of having a specific set of regulations which could be applied to all or a portion of the City, if desired; that Staff considered the Draft Modernist Code as an academic response to the discussion which occurred. Carl Abbott, 2846 Riverside Drive (34234), stated that the April 12, 2004, Workshop was not attended; that Frank Smith, local architect, arranged a meeting on April 17, 2004, with Jack West, another local architect, and Mr. Duany for a three-hour roundtable discussion which resulted in a better understanding of Mr. Duany's intentions; that discussions were also held with other architects; that the understanding gleaned from Mr. Duany is the desired result of the proposed Downtown Code is increased density; that density must be present to have an urban core; that people must be comfortable with tall buildings by having a pedestrian zone; that Mr. Duany indicated one way to create a pedestrian zone is with arcades; that another way to create a pedestrian zone is by a horizontal plane sticking out from the building, either a cantilever, a balcony, etc.; that the pedestrian zone must be created sO a person is not walking by a series of sheer 10-story buildings; that a pedestrian zone was part of Mr. Duany's principle; that the videotape of the meeting with the architects and Mr. Duany and the April 12, 2004, Workshop was watched approximately three times; that contradictions are apparent from the videotape; that Mr. Duany indicated at the meeting design codes for several new, not BOOK 56 Page 27820 05/10/04 6:00 P.M. BOOK 56 Page 27821 05/10/04 6:00 p.m. existing, modern cities had been developed by him; that Mr. Duany was asked for copies of the codes; that numerous communications have been ongoing; that an electronic mail (email) dated May 8, 2004, was received earlier today from Mr. Duany indicating Mr. Duany wrote a new code for Sarasota which supports a modernist syntax after returning from a meeting in Miami; that the offer made to write a new code for the City was not accepted by the architects during the charrette; that the proposed Downtown Code resulted in a conventional code; that the code was forwarded to Mr. Burg weeks ago with no responsei that dealing directly with Mr. Abbott is not appropriate; that the appropriate person to deal with is Mr. Burg. Mr. Abbott continued that Mr. Duany's one-page document entitled "Downtown Code - Andres Duany, Draft Modernist Building Design Standards, dated April 26, 2004" (Draft Modernist Code) which indicates the Draft Modernist Code should be applied in conjunction with the urban provisions and will result in the evolution of an architectural, harmonious urban fabric, environmentally responsive to Sarasota's tropical climate; and read in their entirety the guidelines proposed by Mr. Duany in the Draft Modernist Code. Mr. Abbott further stated that Mr. Duany indicated a new land development code was being written for Sarasota; that he has been part of the committee of the AIA working on the proposed Downtown Code; that the performance based code which the AIA presented through Mr. Smith is supported; that a Registered Architect could rotate every one or two years for consulting with the City; that rotating architects would provide different architectural viewpoints; that Mr. Duany indicated the necessity to hire an architect in the future; that COlor is another concern; that Mr. Duany discussed color in the draft Modernist Code; that architects do not like being told what colors to use; however, a shocking color would not be acceptable in the limited Downtown core; that some limit to a color palate is valid; that materials should not be limited; that metal should be allowed rather than requiring an exception for use; that Sarasota Memorial Hospital on US 41 has enameled panels which are very handsome. Mr. Abbott continued that the materials are not as important as the colors; that a color palate has some validity; that discussions were heard on the tape from the April 12, 2004, Workshop, regarding the requirement of 80 or 90 percent of the storefront of every building be perpendicular to the street; that Mr. Duany indicated the situation should be reviewed; that a storefront could be aesthetically pleasing if the storefront is at an angle to encourage people to come into the building; that several things will be accomplished by an angled storefront; that rental space is given away; however, merchandise can be set on the sidewalk to attract customers; that the street frontage is enhanced; that a varied street frontage helps create the desired pedestrian zone; that overhangs and cantilevers were shown on the Chamber monitors at the April 12, 2004, Workshopi; that Mr. Duany indicated the philosophy of the amazing Sarasota School of Architecture could be worked into the proposed Downtown Code. Mr. Abbott stated further that landscape architecture was considered before going into architecture; that trees are highly advocated; that trees have birds; that birds sing; that birds have droppings; that all these are a part of life; that the Black Olive trees are an unfortunate selection of trees between Lemon and Orange Avenuesi that the Oak tree would have been a better choice. Mr. Abbott referred to pictures of Oak and Black Olive trees displayed on the Chamber monitors; and stated that the Oak trees were planted approximately 10 years ago; that the trees are approximately 15 feet apart and form a wonderful gateway at the end of each. block; that Oak trees are ideal trees; that the pedestrian scale is broken if Oak trees are encouraged to link in both directions; that the use of trees is supported; that trees are a part of urbanism; that the trees are coming together and making a gateway between the blocks and should be encouraged; that in many places in Italy, solid overhangs and awnings are present; that Mr. Duany is indicating the pedestrian zone being between 14 feet and four floors; that a pedestrian zone provides height, scale, and a people reference to the City; that the most desirable cities are alive, diverse, and creative. Mr. Abbott distributed copies of an electronic mail (email) received from Mr. Duany on May 10, 2004, indicating the creation of Draft Modernist Building Design Standards dated April 26, 2004. Piero Rivolta, 215 Robin Drive (34236), stated that Mr. Mills' comments regarding freedom of design are clear; that the discussion regarding Mediterranean and Modernist architecture is a concerni that the Mediterranean Style was never understood; that a Mediterranean bullding over four floors does not exist; BOOK 56 Page 27822 05/10/04 6:00 P.M. BOOK 56 Page 27823 05/10/04 6:00 p.m. that the design decisions should be left to the architect; that Mr. Duany has designed some villages like Seaside, Florida, which are very cute and nice; that such villages could be seen in the 1960s off the coast of Sardinia, Italy, where people spent their vacations; that Sardinia did not have a history; that people just lived at the location for a few months of the year; that Sarasota has a history, a life, a soul; that the soul of the City cannot be taken away; that a building which is built but classified as wrong should not be a significant concerni that America represents freedom, whether good or bad; that the City must be kept alive. Mr. Rivolta continued that architects are forced into designing acceptable buildings to sell units; that the general idea for the proposed Downtown Code is acceptable but not the details; that the most important concept for a building in reality is proportion; that the proportion must be correct; that detail is forgotten; that a building out of proportion will never be correct; that Italian cities are beautiful; that the cities finally decided to become very detailed; that terrible neighborhoods exist in the cities; that Italy was left as the desires of the government could not be met; that Americans do not realize the difficulty of the control by the Government, that Europe is finally coming back and creating a new architectural style; that telling an architect a window should be narrow and tall does not work; that a City has a history; that the City grows with the history. Mr. Rivolta further stated that the developers and architects build a building; that developers and architects invest their souls and money, risk financial setback, and should be entitled to have input into the building design; that market research is performed; that funding is acquired from a bank for millions of dollars; that being told to build a building a certain way to obtain funding is risky; that people must find the building aesthetically pleasing; that a person coming from the outside can easily instruct people; that the person on the outside takes no risk by signing a note with a bank; that many years ago, cars were built personally with a companyi that the cars built were successful and unsuccessful; that the company now designs cars for the automobile companies; that many designs are offered; that the people put company names on the front of the cars and invest $200 or 300 million and specify exactly the requirements; that the marketing people and the people selling the car cannot make a mistake; that the desire is for people to invest in the City and promote the City; that the desire is not to move from Sarasota. Nancy Shoemaker, 1765 Cherokee Drive (34239), stated that her family owns property north of Fruitville Road and south of Fourth Street; that the Fruitville Road frontage is proposed for the Downtown Edge (DTE) Zone District; that the Fourth Street property is proposed for the Downtown Neighborhood (DTN) Zone District; that the requests made earlier by the Downtown Partnership are supported; that the property along Fourth Street should be redesignated from the DTN Zone District to the DTE Zone District; that an increase in the residential density of the area is also supported. Randy Topjun, 1723 South Oval Drive (34239), stated that he has lived in the City for 35 years; that the new Zone Districts are appealing due to the flexibility offered; that minor details require clarification; that an uneven border is evidenced between Third and Fourth Streetsi that an even border running along Fourth Street makes better sense; that diversity is what has made the City excellent; that the different people speaking at the current meeting have expressed wonderful ideas regarding diversity; that the design guidelines should be carefully considered; that the architects, landowners, business owners, and developers should be able to bring designs to the Commission as long as the structure is in place. Mark Hess, Laurel Park Resident and Professional Land Use Planner, 1825 Laurel Street (34236), stated that land use planning has been performed in Eugene, Oregon; that he served for three years on the Portland/Central Cities Plan Urban Design Advisory Committee; that working on the City of Sarasota Downtown Master Plan 2020 was a privilege; that work was performed most recently on the St. Petersburg, Florida, Downtown planning charrette; that the proposed Downtown Code is an outstanding effort and should be adopted immediately; that amendments can be made in the future to address various issues which may arise; that the rezoning of Downtown properties should be addressed immediately; that the DTN Zone District areas east of Orange Avenue should be rezoned first; that implementation of the proposals in the Commercial-Central Business District (C-CBD) Zone District areas south of Ringling Boulevard and West of Rawls Avenue should be implemented as soon as possible; that the comments regarding the Main Street Streetscape west of Orange Avenue is supported; that the streetscape in the area should be viewed as a linear plaza; that the landscape design should reflect such an approach. BOOK 56 Page 27824 05/10/04 6:00 P.M. BOOK 56 Page 27825 05/10/04 6:00 p.m. Wayne Hibbs, 7225 Proctor Road (34241), representing JB Holdings of Sarasota Farm & Garden Supply, stated that the proposed Downtown Code is simplifying; that the property on the corner of Lemon Avenue and Fruitville Road has been in the family for many years; that the uneven border of the DTE and DTN Zone Districts evidenced by Fruitville Road and back about 15 feet onto the Fourth Street property are in the DTE Zone District; that two-thirds of the rest of the property on Fourth Street is the DTN Zone District which should be developed before any other development begins on Fruitville Road; that the Fourth Street neighborhood area has a tire store, a fire department, and several automotive repair shops which are not conducive to good residential areas; that the DTE Zone District should be extended further west of Orange Avenue north of Fruitville Road to Central Avenue and Tenth Street; that a significant number of commercial establishments exist in the area; that residential development in the area would be difficult without binding the development on Fruitville Road. Wayne DeLair, 1937 8th Street (34236), stated that a significant number of ideas were heard at the current meeting; that the Commissioners are doing an excellent job; that the family moved to the Gulf Gate area from Gillespie Park after 20 years; that the energy in Gillespie Park is exciting; that the family moved back to the Gillespie Park neighborhood; that the number of restaurants which have opened is exciting; that an example is what Paul Mattison has done with the City Grille; that many eloquent words have been spoken at the current meeting sO not much is left to say. Greg Penix, President, Rosemary District Neighborhood Association, 1355 Boulevard of the Arts (34236), representing the Rosemary District Neighborhood Association, stated that the Rosemary District is successfully evolving into a desirable neighborhood of diversified interests; that the DTN Zone District will dramatically and permanently impact the neighborhood; that assistance is needed as policymakers to perpetuate the existing momentum which is imperative for the neighborhood to proceed without impediments. Mr. Penix continued that the uses and development potential the Commission's vision will make available are supported; however, the Commission is implored to reconsider the mandatory imposition of any of the Zone Districts in the absence of appropriate economic feasibility studies, particularly the DTN Zone District along Lemon Avenue; that the understanding is several Commissioners and Mr. Duany have indicated a preference for a DTE Zone District designation for the Rosemary District between Lemon and Orange Avenues; that the DTE Zone District designation for the Rosemary District between Lemon and Orange Avenues is strongly supported; that the neighborhood will then be allowed to maintain the essential mixed use character; that the Rosemary District is well positioned to provide higher density and more affordable housing within walking distance of Downtown. Mr. Penix further stated that the current Lone Districts fragment and dilute opportunity particularly on properties which front Fruitville Road; that careful review and understanding should be made of the boundaries before adoption; that new zoning should only be adopted as voluntary guidelines as an option to the property owners; that each property owner should be able to evaluate the new options based on the merits; that the Commission is trusted to make the courageous and correct decisions to amend the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) allowing preservation of the current commercial property rights, thereby avoiding great risk for both the City and property owners. Linda Holland, Vice President, Gillespie Park Neighborhood Association, Inc., 617 Gillespie Avenue (34236), representing Gillespie Park Neighborhood Association, Inc., stated that the Gillespie Park Neighborhood Association actively participated in the development of the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) over the past few yearsi that the Downtown Master Plan 2020 reflects the compromise reached to resolve the intense debate regarding the Fruitville Road/Fourth Street corridor zoning issue; that the neighborhood accepted the compromise but is willing to hear further discussion regarding alternative possibilities while ensuring the residential character of the neighborhood is protected and commercial intrusion into the neighborhood is not allowed; that the Downtown Partnership and Staff met with members of the Gillespie Park and Park East Neighborhood Associations to review a preliminary concept plan for housing in lieu of commercial development on Fruitville Road; that the concept was interesting and warranted further discussion; that no document is perfect; that everyone will not be pleased with planning and zoning documentsi; that the Gillespie Park Neighborhood Association supports the Downtown Master Plan 2020 as adopted; that the Gillespie Park Neighborhood Association supports the proposed BOOK 56 Page 27826 05/10/04 6:00 P.M. BOOK 56 Page 27827 05/10/04 6:00 p.m. Downtown Code as the tool for implementation of the Downtown Master Plan 2020. Ms. Holland continued that Gillespie Park possesses a charming, unique neighborhood environment for a diverse population of the City; that hard work has gone into making the neighborhood safe and comfortable for residents; that the strong commitment to preserving the residential character of the neighborhood continues; that trust is placed in the Commission to continue support of the neighborhood commitment; that Gillespie Park will love to have any trees relocated from Downtown; that a Black Olive tree was planted in Gillespie Park in honor of John Robinson who was a very beloved president of the Gillespie Park Neighborhood Association for many yearsi that the Black Olive tree has grown beautifully; that the Black Olive trees are liked and will be accepted in Gillespie Park. Devin Rutkowski, 324 Julia Place (34236), distributed to the Commission copies of a letter to the Commission dated May 10, 2004, from Robert Weintraub, a neighbor who could not attend the current meeting indicating two issues should be addressed prior to adoption of the proposed Downtown Code; that Laurel Park is not included in Mr. Duany's vision; that inclusion of Laurel Park is urged among the plans such as neighboring Gillespie Park; that property is owned in the area between Orange and Lemon Avenues north of Sixth Street and south of Tenth Street; that the property seems a perfect place for mixed use zoning, the property is not completely comprised of commercial and higher density residential, and has a large school in the area; that mixed use zoning would add vibrancy to the area; that the Commission is respectfully urged to revisit these two inadequately addressed areas. Mr. Rutkowski continued that exciting concepts were learned at a conterence on New Urbanism in 1999 at the McCormick Place in Downtown Chicago as the sole representative for the City Planning Board/Local Planning Agency (PBLP); that the concepts learned were exciting; that the City planned to update the Community Redevelopment Agency (CRA) plan shortly thereafter; that inclusion in the process is a fortunate experience; that the City is commended for going through the process; that the City has a very bold vision; that a property in the Residential Single Multiple-9 (RSM-9) Zone District is next to property boundaries limiting building to three stories; that the original plan allowed for five stories on the property; that two extra stories on the entire property would equate to a significant amount of revenuei that property owners to the north of the property desire to change to a more intense zone district in a very similar situation; that the hope is the RSM-9 Zone District will be changed in the future. The Commission recessed at 8:13 p.m. and reconvened at 8:26 p.m. Mayor Martin stated that the Commission received three pieces of correspondence which were requested read into the record; that the first is to the Commission from Ali Ebrahimi and Andrew Dorr of the Ersa Grae Corporation, the developers for the Plaza at Five Points and the selected firm for the Palm Avenue Redevelopment Project dated May 10, 2004, summarized as follows: As the developer for the Plaza at Five Points and the selected firm for the Palm Avenue Redevelopment Project, the proposed changes to the zoning code also known as the Downtown Code are supported; that the selection process for the developers of the Palm Avenue Redevelopment Project showed eight different versions of projects, all of which generally conformed to the proposed Downtown Code and showed a wide variety of design solutions are possible under the proposed Downtown Code; that Commission approval of the proposed Downtown Code is supported; that the current draft is a good starting place; however, no draft will please all; that the proposed Downtown Code will evolve as Downtown matures; that flexibility is recommended regarding the gallery and arcade material choices as well as facade features. Mayor Martin continued that the next letter is to the Commission from Chris Brown, the developer at the 1350 Project at Main Street and Palm Avenue dated May 10, 2004, and is summarized as follows: The City's Downtown land development regulations being presented to the Commission on May 10, 2004, for its first reading and public discussion are supported. Mayor Martin further stated that a misunderstanding exists, perhaps, of the May 10, 2004, Special meeting being the second public hearing; that the letter continues: The support of the proposed Downtown Code is summarized as follows: (1) the code defines "A" streets and the importance of "A" streets in the network and the requirement to provide arcades and pedestal buildings along the edges of the street; (2) the code is pedestrian oriented, a direction the City must take in order to obtain a successful urban environment; (3) the proposed Downtown Code has been experienced on a voluntary basis with the building on Main Street and Palm Avenue with consultations with Mr. Duany BOOK 56 Page 27828 05/10/04 6:00 P.M. BOOK 56 Page 27829 05/10/04 6:00 p.m. to design the building according to the Downtown Master Plan 2020; that the design constraints caused no difficulty; (4) that the proposed Downtown Code and the Downtown Master Plan 2020 attracted the company to Sarasota; that the direction is very positive for urban buildings to follow; (5) architectural styles, both Modernist and Traditional, can cohabit within the proposed Downtown Code; that the prediction is to see more Modernist buildings now with the proposed Downtown Code; that on a new project the company would build a Modernist style building, if given the opportunity. Mayor Martin stated further that the last letter is to Mayor Martin from Brett Hutchens, President, Casto Southeast, the developer of the Whole Foods Market Centre project dated May 10, 2004, summarized as follows: The public hearing tonight regarding the proposed Downtown Code cannot be attended; however, the last session regarding the proposed Downtown Code was watched on television; that the necessity to provide the Commission with the developer's perspective was felt; that the developer is actually the person who executes a development plan and takes a significant risk in doing sO and should present an interesting juxtaposition to the designer or architectural type; that a strict, reasonable plan of operation is preferred as long as flexibility to accommodate sensible change is included; that Casto Southeast complied with the proposed Downtown Code in our One Hundred Central development and found no hardship in doing so; that a definitive code offers predictability which in turn offers a developer comfort in knowing that future development will be held to a consistent standard; that taking a risk in a known environment is always better; that the presence of a committed code for master development of the Downtown is an important factor in the decision making process of relocating a new business; that the company was generally interested in the Sarasota market; however, Whole Food's decision to locate Downtown was highly influenced by the City being committed enough to Downtown to develop a sophisticated plan for the long term future; that the Whole Foods Market lease is for 20 yearsi that Whole E'oods Market also has a stake in the predictability of the long term growth of Downtown Sarasota; that the foregoing is another viewpoint from a person who cares and is deeply committed to seeing Downtown Sarasota be the best possible. Commissioner Palmer asked for clarification of Mr. Duany's Letter emailed to Carl Abbott dated May 8, 2004, and the information which has been referenced at the current meeting. Mr. Burg stated that Mr. Duany met with the architects on April 12, 2004; that Mr. Duany indicated a code could be written for the City; however, the architects should provide some direction and develop an architecture style for which a code can then be developed; that another meeting was held with a group of architects on April 26, 2004; that Staff's impression was the document from Mr. Duany entitled "Draft Modernist Building Design Standards" document dated April 26, 2004, was a theoretical statement regarding a code if the City were to decide on a Modernist code; that Staff's impression was the Drait Modernist Building Design Standards were very narrow and prescriptive; that the proposed Downtown Code was utilized in the evaluation of the Palm Avenue project which is called Plaza Verdi and consisted of the full spectrum of Modernist and Traditional architecture; that most people agree the Contemporary or Modernist architecture has limits; that the Modernist code is very limited and moves the entire spectrum of architecture to the Modern or Contemporary style. Mr. Burg continued that the multi-style heritage of the City includes the Sarasota School of Architecture; that the proposed Downtown Code should encompass a wide variety of styles while maintaining the desired degree of harmony; that the harmony results in quality street frontages which are important; that Staff believes the proposed Downtown Code is strong; that the theoretical Draft Modernist Building Design Standards proposed by Mr. Duany, although interesting, dictates style; that local government should not dictate architectural style; that the City has demonstrated various styles of architecture can be developed under the proposed Downtown Code; that Mr. Duany's Draft Modernist Building Design Standards consist of a theoretical exercise on the manner by which the plan could work; that the use of Mr. Duany's Draft Modernist Building Design Standards could be questioned; that the area could then be coded to have a very harmonious, modernist Sarasota School of Architecture District if a particular style of architecture such as Modernist or Sarasota School of Architecture which is highly coded and compatible and property owners in a certain district all desired; that approving such land development codes is unlikely; that all the property Owners would not likely be in agreement with the proposed land development codes; that the architects would probably not desire such land development codes either; that the Draft Modernist Building Design Standards were a theoretical exercise which Mr. Duany produced for the City as a result of the April 12, 2004, Workshop. BOOK 56 Page 27830 05/10/04 6:00 P.M. BOOK 56 Page 27831 05/10/04 6:00 p.m. Mr. Taylor stated that the Draft Modernist Building Design Standards are a narrower set of standards than currently proposed and are more restrictive thus requiring further public scrutiny and debate; that integration of the design standards into the proposed Downtown Code would be somewhat difficult; that the Draft Modernist Building Design Standards could be utilized as an overlay for a specific area; that the term "overlay" does not mean optional but rather means additional standards are required in the area; that an overlay consists of additional requirements which are imposed on a piece of property; that the Draft Modernist Building Design Standards document was an interesting example of the coding Mr. Duany could oroduce; that a certain coding range of colors was discussed and could be achieved; that additional standards and regulations create additional discussion and potential controversy; that the City must decide the extent to which to take the standards. Commissioner Palmer stated that a significant number of issues were discussed at the current meeting; that Staff will add the issues to the matrix; that no more public input will be taken if the public hearing is closed tonight. Mr. Taylor stated that no more public input is scheduled. Commissioner Palmer stated that the final deliberations will be at the May 24, 2004, Special Commission meeting. Mr. Taylor stated that additional public input will be heard regarding the rezoning aspect of the proposed Downtown Code; that significant discussion was heard tonight regarding the rezoning issue. Commissioner Palmer stated that a number of concerns were raised regarding the rezoning boundaries; that the Zone District changes would be part of the Evaluation and Appraisal Report (EAR) or an initiation of an amendment to the City's Comprehensive Plan. Mr. Taylor referred to a map of the proposed Downtown Zone Districts displayed on the Chamber monitors and stated that the four new zone district boundaries are evidenced on the map; that the DTN Zone Districts are bound by the City's Comprehensive Plan; that the other three Zone Districts can potentially be moved; that the boundaries are also in the Downtown Master Plan 2020; that the Downtown Master Plan 2020 is a guide and should be respected; that the Downtown Master Plan 2020 provides latitude to move the boundaries as determined by the City's Comprehensive Plan; that moving the boundaries of the Zone Districts is a judgment call; that individual rezoning requests most likely will come to the Commission in the future; that citizens will ask for boundary adjustments if no changes are made to the current Zone Districts; that changes to the Zone Districts can be considered to a certain point; that the Commission must decide the changes to the Zone Districts which will be allowed. Commissioner Palmer stated that the DTN Zone District cannot be adjusted. Mr. Taylor stated that is correct. Commissioner Palmer stated that the DTN Zone District cannot be adjusted which is the reason for the conflict; however, in regard to the zoning, particularly on Lemon Avenue, the area does not require rezoning until an amendment is made to the City's Comprehensive Plan; that the area could be changed to the DTE Zone District if the Commission desired. Mr. Taylor stated that the Commission could choose not to rezone any portion of the Downtown; that Staff will likely recommend the Rosemary District remain unchanged to the Commission based on previous discussions; that an evaluation would take place as part of the EAR for a future change to the City's Comprehensive Plan for the Rosemary District to potentially be designated in the DTE Zone District. Mayor Martin stated that the understanding is Staff would desire direction from the. Commission regarding rezoning at the time of deliberation and decisions at the May 24, 2004, Special Commission meeting. Mr. Taylor stated that issues dealing with rezoning are included in the issues matrix and will require direction from the Commission. Commissioner Palmer stated that legal issues were mentioned at the current meeting; that one issue was the overall impact of Chapter 70, Florida Statutes, also called the Burt J. Harris, Jr., Private Property Rights Protection Act (Burt Harris Act), and the overall impact. City Attorney Taylor stated that several presentations were made based on considerations of the Burt Harris Act; that the City BOOK 56 Page 27832 05/10/04 6:00 P.M. BOOK 56 Page 27833 05/10/04 6:00 p.m. Attorney's Office planned to receive information during the public input process; that site specific issues will be considered by Staff; that recommendations with respect to the issues which have been raised as potential Burt Harris Act claims will be made at the May 24, 2004, Special Commission meeting; that a draft of a somewhat simplified memorandum has been prepared to give a better understanding of the Burt Harris Act which will be distributed to the Commission within the next few days. Commissioner Palmer stated that the Commission should be ready to take action at the May 24, 2004, Special Commission meeting; that the hope is the Commission can reach a decision at the May 24, 2004, Special Commission meeting as she will not be in attendance at the June 14, 2004, Special Commission meeting. Vice Mayor Servian stated that Footnote 6 of Table VI-1001 concerning the requirement for development of residential use prior to development of non-residential use in the vicinity of Fourth Street must be addressed. City Attorney Taylor stated that the property is on Fourth Street from Central Avenue to East Avenue and will be the subject of an amendment to the City's Comprehensive Plan. Vice Mayor Servian stated that more than one property may be involved. Mr. Taylor stated that the number of properties involved is not known; that at least one property is involved based on the testimony received at the current meeting; that Footnote 6 of Table VI-1001 involves both a map and a policy issue for the City's Comprehensive Plan. Vice Mayor Servian asked if Staff requires additional direction from the Commission at the current meeting? Mr. Taylor stated that the Issues Matrix has a recommendation for every item; that the decision making by the Commission will be the difficult part. Vice Mayor Servian asked if the issue of color palette has been addressed? Mr. Taylor stated that the color palette issue has not been addressed in the Issues Matrix; that the suggestion concerning a color palette came up at the current meeting and can be added to the matrix; that color was not an anticipated recommendation as part of the design standards. Vice Mayor Servian stated that color is an important criteria to consider; that the issue of the store frontages is also important; that requiring a straight line store frontage is not supported; that articulated store frontages add to the pedestrian experience and make the Downtown more lively and interesting. Mayor Martin stated that the issue regarding a color palette can be added to the matrix. Vice Mayor Servian asked the manner by which new materials would be addressed? Mr. Taylor stated that a text amendment to the Zoning Code (2002 Ed.) would be adopted to add new materials; that additions will be added in perpetuity. Mayor Martin stated that the question regarding awnings, cantilevers, and the trees on Main Street is a concerni that photographs of awnings complicated and not complicated by trees, the depth of awnings which still allow for trees, or the depth of awning, arcade, or cantilever the Downtown would have if trees were removed would be beneficial; that a dimensional understanding of the issue of trees with awnings, arcades, or cantilevers would be helpful. Commissioner Palmer stated that the information regarding the use of Black Olive trees versus Oak trees would be of assistance; that certain store owners were concerned about the width of the trees as the views of storefronts being blocked; that the possibility of removing trees from Main Street is also a significant concern; that trees and arcades should be able to co-exist in harmony; that the answer is not known. Mayor Martin stated that the Black Olive tree ultimately grows 40 to 50 feet high; that eventually the tree will be well above the existing buildings and signage and would create the type of canopy desired; that a better understanding of a mature Black Olive tree and the possibility of raising the canopy to address some of the concerns would be beneficial; that information regarding the issue of trees would be helpful to the Commission. BOOK 56 Page 27834 05/10/04 6:00 P.M. BOOK 56 Page 27835 05/10/04 6:00 p.m. Commissioner Palmer stated that the hope is for the Commission to take final action at the May 24, 2004, Special Commission meeting; and asked Staff's opinion regarding the ability to take final action at the May 24, 2004, Special Commission meeting? Mayor Martin closed the public hearing; and stated that further public input will not be taken at the May 24, 2004, Special Commission meeting; that a final Issues Matrix will be prepared. Mr. Taylor stated that the hope is the final Issues Matrix will be prepared by May 14, 2004, which is seven days before the May 24, 2004, Special Commission meeting; that additional details may be required before finalization; that the Issues Matrix can be addressed item by item; that the Commission will have a recommendation from Staff on every item; that the Commission can decide to accept, revise, or reject Staff's recommendations; that Staff can then incorporate the changes into the proposed Downtown Zoning Code for second reading of proposed Ordinance No. 04-4531; that Commission direction will also be requested regarding which parcels if any to rezone. Mayor Martin stated that the May 24, 2004, Special Commission meeting can be scheduled from 3:00 to 5:30 p.m. with possible break for dinner as required and continue to 9:00 or 10:00 P.m. if necessary. Commissioner Bilyeu stated that making a decision at the May 24, 2004, Special Commission meeting is anticipated; that a further understanding of the actions necessary to make certain changes in the proposed Downtown Code for the benefit of the public would be appreciated; that changes could require an amendment to the City's Comprehensive Plan, an ordinance, administrative action, or a Commission vote. Mr. Taylor stated that Staff can advise as to the action required. Commissioner Bilyeu asked, for example, the action required to rezone property which is in single ownership but comprised of multiple parcels? Mr. Taylor stated that the action required depends on the location of the property; that certain changes in the allowable height could be accomplished by Commission vote; that a change, however, in the allowable use of property in the vicinity of Fourth Street and Fruitville Road requires an amendment to the City's Comprehensive Plan; that the actions required for each item will be indicated by Staff as the Issues Matrix is presented; that the Commission will make the final decision concerning each item in the Issues Matrix; that the requirements for each item can be augmented by Staff at the May 24, 2004, Special Commission meeting if Staff's response in the Issues Matrix is not clear. Commissioner Bilyeu stated that the revised Issues Matrix will be reviewed; that the hope is not to take any longer than necessary to make the decision at the May 24, 2004, Special Commission meeting. Commissioner Atkins stated that taking longer than necessary to reach decisions at the May 24, 2004, Special Commission meeting is a concern; that the hope is to proceed through the decision-making process expeditiously; however, all the information necessary to mal ke the decisions should be received in advance; that any Commissioner requiring additional information prior to the May 24, 2004, Special Commission meeting should feel free to discuss the item with Staff; that making the decisions concerning the items on the Issues Matrix without an overly lengthy deliberative process is the hope; that the Commission should be ready to make the decisions by preparation in advance of the May 24, 2004, Special Commission meeting as necessary. Mr. Taylor stated that Staff will do everything possible to make the response concise and informative; that the questions can be answered at the table if questions are unanswered in writing; that individual meetings with Staff in advance of the May 24, 2004, Special Commission meeting are welcome. Mayor Martin stated that the Commission is encouraged to come to the May 24, 2004, Special meeting with a thorough understanding of the Issues Matrix and Staff recommendations. Mr. Taylor stated that the final decision will be up to the Commission; that most likely changes will be required at the May 24, 2004, Special Commission meeting. Mayor Martin stated that the opportunity has been created to have an understanding of the issues prior to the May 24, 2004, Special Commission meeting. BOOK 56 Page 27836 05/10/04 6:00 P.M. BOOK 56 Page 27837 05/10/04 6:00 p.m. Mr. Taylor stated that some of the language is drafted with Staff's recommendations in mind. Commissioner Palmer stated that some of the revisions could be made between the first and second reading of proposed Ordinance No. 04-4531. Mr. Taylor agreed. Mayor Martin stated that a comfort level appears to have been reached regarding the expectations for the May 24, 2004, Special Commission meeting. 5. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM III) CD 9:01 There was no one signed up to speak. 6. ADJOURN (AGENDA ITEM V) CD 9:01 There being no further business, Mayor Martin adjourned the Special meeting of the City Commission of May 10, 2004, at 9:01 p.m. Rucbad doarto RICHARD F. MARTIN, MAYOR ATTEST: B3lyE Rolerson BILLY EC KOBINSON, CITY AUDITOR AND CLERK